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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-85/
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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 8-17-85 - Examinations and Tests; Permit Required for Sale, Storage, etc.; Permit Applicatio...
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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 8-17-85 - Examinations and Tests; Permit Required for Sale, Storage, etc.; Permit Application, Fee and Expiration Date; Nonapplicability of Section to Certain Persons.
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Section 8-17-85
Examinations and tests; permit required for sale, storage, etc.; permit application, fee and expiration date; nonapplicability of section to certain persons.
(a) All petroleum products sold, offered for sale, used or stored in the state shall be subject to examination and tests to determine the safety of such products and their value and efficiency for the purposes for which they are sold, offered for sale, used or stored.
(b) Before selling, offering for sale, storing, or using petroleum products in the state, the person desiring to sell, offer for sale, store, or use such petroleum products in the state must submit to the Commissioner of Agriculture and Industries a written application for a permit, upon forms furnished by the commissioner, setting forth:
(1) The name and brand under which any petroleum product is to be sold, offered for sale, stored or used;
(2) In case said petroleum product is to be sold, offered for sale, stored or used in tanks, barrels, cans or other containers, the number of gallons, the capacity of the containers in which it is to be sold, offered for sale, stored or used, the brand applicable to each particular petroleum product referred to in the application;
(3) The name or names and address of the manufacturers or dealers from which the said petroleum product was procured; and
(4) A statement expressed in terms of the standards adopted by the Board of Agriculture and Industries pursuant to the provisions of Section 8-17-81, as to the standard guaranteed for the petroleum product in respect of which the application is made. The said statement may simply set forth that the petroleum product referred to therein complies with the standard applicable to that particular product that is specified in the regulations as to standards that are provided for in the said Section 8-17-81; provided, that if the person making the application claims a higher standard for any particular petroleum product, he may make a statement to that effect specifying the standard guaranteed.
(c) As soon as practicable after the receipt of such statement, the Commissioner of Agriculture and Industries shall issue to the applicant a permit, provided said statement shows the petroleum product to be sold or offered for sale or stored or used in the state is equal to or above the minimum standard required in the state for such petroleum product.
(d) Such applicant shall pay to the Commissioner of Agriculture and Industries, as a permit fee, the sum of $10 for each different brand specified in the application for a permit.
(e) All such permits shall expire on September 30 of the fiscal year for which they were issued.
(f) This section shall not apply to any person selling, offering for sale, storing, or using petroleum products obtained from a person that has complied with the provisions of this division with respect to the same petroleum products.
(Acts 1971, No. 1403, p. 2363, §2; Acts 1981, No. 81-793, p. 1395, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-86/
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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 8-17-86 - Duty to Test Samples; Certificate of Tests.
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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 8-17-86 - Duty to Test Samples; Certificate of Tests.
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Section 8-17-86
Duty to test samples; certificate of tests.
(a) It is the duty of the Commissioner of Agriculture and Industries to secure samples of all petroleum products sold, offered for sale, stored or used in the state and to determine:
(1) Whether or not such petroleum products are sold, offered for sale, stored or used in correct measure or quantity claimed by the person selling or offering for sale or storing or using such petroleum products; and
(2) Whether the same is of legal standard and of the standard advertised.
(b) The Commissioner of Agriculture and Industries shall test, or cause to be tested, such samples in the manner provided by the rules and regulations made by the Board of Agriculture and Industries pursuant to authorization in Section 8-17-81, and shall make a certificate of such test, a copy of which certificate shall be furnished by the commissioner upon request to the person from whom the sample was obtained.
(Acts 1971, No. 1403, p. 2363, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-87/
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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 8-17-87 - Inspection Fee.
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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 8-17-87 - Inspection Fee.
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Section 8-17-87
Inspection fee.
(a) An inspection fee is imposed on the ultimate consumer of gasoline at the rate of two cents ($.02) per gallon, if the excise tax levied on gasoline under Section 40-17-325(a)(1) is refunded by the Department of Revenue unless the ultimate consumer is specifically exempted from the inspection fee by this code. The Department of Revenue is authorized to reduce the excise tax refund by the amount due for the inspection fee.
(b) An inspection fee is imposed on the ultimate consumer of undyed diesel fuel at the rate of two cents ($.02) per gallon, if the excise tax levied on diesel fuel under Section 40-17-325(a)(2) is refunded by the Department of Revenue unless the ultimate consumer is specifically exempted from the inspection fee by this code or unless the undyed diesel fuel is subject to a reduced rate inspection fee in subsection (i). The Department of Revenue is authorized to reduce the excise tax refund by the amount due for the inspection fee.
(c) An inspection fee of two cents ($.02) per gallon is imposed on the first sale within this state or upon importation into this state of dyed diesel fuel unless (1) the purchaser or importer is an inspection fee permit holder, in which case the inspection fee is imposed at the point the inspection fee permit holder makes a sale to a purchaser who is not an inspection fee permit holder, or (2) the purchaser is subject to a reduced rate inspection fee in subsections (e), (f), (g), and (h). The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article. If the importer purchases dyed diesel fuel destined for Alabama from a supplier or permissive supplier and the importer is not an inspection fee permit holder and does not have a valid inspection fee permit issued by the Alabama Department of Revenue, the supplier or permissive supplier shall collect and remit the inspection fee imposed by this article. If the importer brings dyed diesel fuel in from bulk storage outside the terminal system, the importer is responsible for collecting and remitting the inspection fee imposed by this article.
(d) An inspection fee of one cent ($.01) per gallon is imposed on the first sale within this state or upon importation into this state of dyed kerosene unless (1) the purchaser or importer is an inspection fee permit holder, in which case the inspection fee is imposed at the point the inspection fee permit holder makes a sale to a purchaser who is not an inspection fee permit holder, or (2) the purchaser is subject to a reduced rate inspection fee in subsections (e), (f), (g), and (h). The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article. If the importer purchases dyed kerosene destined for Alabama from a supplier or permissive supplier and the importer is not an inspection fee permit holder and does not have a valid inspection fee permit issued by the Alabama Department of Revenue, the supplier or permissive supplier shall collect and remit the inspection fee imposed by this article. If the importer brings dyed kerosene in from bulk storage outside the terminal system, the importer is responsible for collecting and remitting the inspection fee imposed by this article.
(e) Dyed diesel fuel and dyed kerosene that is used by the ultimate consumer thereof as motor fuel to operate boats, yachts, ships, or other maritime vehicles, whether such boats, yachts, ships, or other maritime vehicles are used commercially or for pleasure, shall be subject to the reduced inspection fee of one fortieth of $.01 ($.00025) per gallon. This reduced rate only applies to purchases by the ultimate consumer directly from an inspection fee permit holder. The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article.
(f) Dyed diesel fuel or dyed kerosene used by the ultimate consumer thereof to propel or operate tractors which are not operated on public highways but which are used exclusively in preparing and cultivating land, harvesting any agricultural commodity, or for other agricultural purposes, including pasture and hay production; provided, however, that the term tractors as used herein shall not include automobiles, trucks, pickups, trailers, semitrailers, or other such vehicles, shall be subject to the reduced inspection fee of one fortieth of $.01 ($.00025) per gallon. This reduced rate only applies to purchases by the ultimate consumer directly from an inspection fee permit holder. The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article.
(g) Dyed diesel fuel or dyed kerosene that is of the types customarily used as, and that is intended to be used only as, fuel to propel railroad locomotives, shall be subject to the reduced inspection fee of one fortieth of $.01 ($.00025) per gallon. This reduced rate only applies to purchases by the ultimate consumer directly from an inspection fee permit holder. The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article.
(h) Dyed diesel fuel or dyed kerosene used by the ultimate consumer thereof as a solvent or other agent in the treatment or preservation of wood products, shall be subject to the reduced inspection fee of one fortieth of $.01 ($.00025) per gallon. This reduced rate only applies to purchases by the ultimate consumer directly from an inspection fee permit holder. The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article.
(i) An inspection fee is imposed on the ultimate consumer of undyed diesel fuel at the rate of one fortieth of $.01 ($.00025) per gallon, if the excise tax levied on undyed diesel fuel under Section 40-17-325(a)(2) is refunded by the Department of Revenue and the ultimate consumer specifically used the undyed diesel fuel:
(1) To operate boats, yachts, ships, or other maritime vehicles, whether such boats, yachts, ships, or other maritime vehicles are used commercially or for pleasure;
(2) To propel or operate tractors which are not operated on public highways but which are used exclusively in preparing and cultivating land, harvesting any agricultural commodity, or for other agricultural purposes, including pasture and hay production; provided, however, that the term tractors as used herein shall not include automobiles, trucks, pickups, trailers, semitrailers, or other such vehicles;
(3) To propel railroad locomotives; or
(4) As solvent or other agent in the treatment or preservation of wood products.
The Department of Revenue is authorized to reduce the excise tax refund by the amount due for the inspection fee.
(j) An inspection fee of fifteen cents ($.15) per gallon is imposed on the person first selling lubricating oil in this state or importing lubricating oil into this state, regardless of whether the excise taxes levied on lube oil under Sections 40-17-171 and 40-17-220 are paid, unless the purchaser or importer is an inspection fee permit holder, in which case the inspection fee is imposed at the point the inspection fee permit holder makes a sale to a purchaser who is not an inspection fee permit holder. The person first selling, the person importing, or the inspection fee permit holder shall collect the fee imposed by this article.
(k) An inspection fee of two cents ($.02) per gallon is imposed on removal within this state of gasoline and undyed diesel fuel from the terminal using the terminal rack, other than by bulk transfer, if the supplier sells the gasoline or undyed diesel fuel to a licensed entity which is exempt from the excise tax levied on gasoline or diesel fuel under Section 40-17-325(a); unless the purchaser is the federal government. The supplier shall collect the inspection fee imposed by this article from the purchaser at the time of sale of the gasoline or undyed diesel fuel.
(l) An inspection fee of two cents ($.02) per gallon is imposed at the time gasoline and undyed diesel fuel is imported into this state, other than by bulk transfer, for delivery to a destination in this state, if the supplier sells the gasoline or undyed diesel fuel to a licensed entity which is exempt from the excise tax levied on gasoline or diesel fuel under Section 40-17-325(a); unless the purchaser is the federal government. The supplier or permissive supplier shall collect the inspection fee imposed by this article from the person who imports the gasoline or undyed diesel fuel into this state.
(m) In each subsequent sale of petroleum products on which the inspection fee has been paid, the amount of the inspection fee shall be added to the selling price so that the inspection fee is paid ultimately by the person using or consuming the petroleum product.
(n) Petroleum products in a refinery, a pipeline, a terminal, or a marine vessel transporting petroleum products to a refinery or terminal is in the bulk transfer/terminal system. Petroleum products in a motor fuel storage facility including, but not limited to, a bulk plant that is not part of a refinery or terminal, in the motor fuel supply tank of any engine or motor vehicle, or in any tank car, rail car, trailer, truck, or other equipment suitable for ground transportation is not in the bulk transfer/terminal system.
(o) The inspection fee provided for in this section is in addition to all other fees and all taxes payable with respect to petroleum products. The inspection fee shall be paid on the net gallons of dyed diesel fuel or dyed kerosene.
(p) Aviation gasoline and aviation jet fuel are exempt from the inspection fee.
(Acts 1971, No. 1403, p. 2363, §9; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §3; Acts 1973, No. 641, p. 949, §1; Acts 1984, No. 84-185, p. 279, §1; Act 2004-546, p. 1164, §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-8-17-88/
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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 8-17-88 - Sale, Storage, etc., of Nonstandard Products Prohibited; Suspension From Sale, Con...
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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 8-17-88 - Sale, Storage, etc., of Nonstandard Products Prohibited; Suspension From Sale, Condemnation, etc., of Nonstandard Products.
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Section 8-17-88
Sale, storage, etc., of nonstandard products prohibited; suspension from sale, condemnation, etc., of nonstandard products.
(a) No person shall sell, offer for sale, store, use or bring to rest in the state for sale, offer for sale, use or storage in the state any petroleum product which fails to comply with the standards adopted by the Board of Agriculture and Industries.
(b) Publicity shall be given to any failure to comply with the standards as the Commissioner of Agriculture and Industries shall prescribe.
(c) The sale, offer for sale, storage or use of petroleum products that fall below the standards fixed by the Board of Agriculture and Industries is hereby declared illegal, and such petroleum products shall be subject to suspension from sale, offer for sale, storage or use and may be condemned and sold as provided in Sections 2-2-30 through 2-2-37.
(Acts 1971, No. 1403, p. 2363, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-89/
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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 8-17-89 - Notification; Duty of Importer.
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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 8-17-89 - Notification; Duty of Importer.
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Section 8-17-89
Notification; duty of importer.
Repealed by Act 2015-54, §2, effective October 1, 2016.
(Acts 1971, No. 1403, p. 2363, §10; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-90/
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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 8-17-90 - Driver of Delivery Vehicle to Deliver Invoice.
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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 8-17-90 - Driver of Delivery Vehicle to Deliver Invoice.
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Section 8-17-90
Driver of delivery vehicle to deliver invoice.
No sale or delivery of petroleum products shall be made from a tank, wagon, motor vehicle or delivery truck unless the driver in charge of the vehicle shall deliver to the person receiving such product an invoice that:
(1) Shows the number of gallons of the product;
(2) Has plainly written or stamped thereon the words "guaranteed legal standard"; and
(3) States that the inspection fee payable with respect to such petroleum product has been paid.
(Acts 1971, No. 1403, p. 2363, §10; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-91/
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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 8-17-91 - Disposition of Funds; Overpayments.
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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 8-17-91 - Disposition of Funds; Overpayments.
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Section 8-17-91
Disposition of funds; overpayments.
(a) The proceeds from the permit fees, inspection fees, and penalties, if any, collected by the Commissioner of Agriculture and Industries and the Revenue Commissioner pursuant to Section 8-17-87 together with one-third of the proceeds of the six cent ($.06) additional motor fuel excise tax levied on gasoline under subdivision (1) of subsection (a) of Section 40-17-325, shall be paid into the State Treasury and distributed by the State Treasurer as follows:
(1) An amount equal to five percent or no less than $175,000, whichever is greater, of the combined proceeds received each month shall accrue to the credit of, and be deposited in, the Agricultural Fund; and
(2) The balance of the proceeds shall be distributed as follows:
a. 13.87 percent of the balance of the proceeds shall be distributed equally among each of the 67 counties of the state monthly.
The county shall deposit the proceeds into the county's special RRR Fund as provided for in Section 40-17-362, and may use the proceeds so deposited for any purpose authorized under that section.
b. $408,981 shall be allocated to the State Department of Transportation monthly and deposited in the State Treasury to the credit of the Public Road and Bridge Fund. Such funds are hereby appropriated to the State Department of Transportation to be used to match federal aid discretionary funds that may from time to time become available to the State Department of Transportation. In the event that in any fiscal year other State Department of Transportation funds are insufficient to match the department's regular federal aid apportionment, then at the Director of the State Department of Transportation's recommendation, and approval by the Governor, funds appropriated under this subsection may be used to match the federal aid apportionment.
c. 2.76 percent of the balance of the proceeds shall be allocated among the incorporated municipalities of the state as follows:
1. A portion of the municipalities' share of the balance of the proceeds that is equal to 45.45 percent of the municipalities' share of the balance of the proceeds shall be allocated equally among the 67 counties of the state.
2. The entire residue of the municipalities' share of the balance of the proceeds being an amount equal to 54.55 percent of the municipalities' share of the balance of the proceeds shall be allocated among the 67 counties of the state on the basis of the ratio of the population of each such county to the total population of the state according to the then next preceding federal decennial census, or any special federal census heretofore held in any county subsequent to the effective date of the 1980 federal decennial census.
3. The amount so allocated or apportioned to each county shall be distributed among the municipalities in the county with respect to which the allocation or apportionment is made, each such distribution among the municipalities to be on the basis of the ratio of the population of each such municipality to the total population of all municipalities in the applicable county according to the then next preceding federal decennial census.
4. The population of any municipality incorporated subsequent to the taking of the then next preceding federal decennial census shall be deemed to be the population shown by the census for that municipality taken pursuant to the requirements of Section 11-41-4. Any municipality incorporated after September 1983, shall not participate in the distribution provided for in this section until the fiscal year next succeeding the fiscal year during which it is incorporated, the first distribution to such municipality to be made in respect of receipts of the inspection fee by the state during October of the fiscal year next succeeding the incorporation.
5. Use of the inspection fee by a municipality shall be for transportation planning, the construction, reconstruction, maintenance, widening, alteration, and improvement of public roads, bridges, streets, and other public ways, including payment of the principal of and interest on any securities at any time issued by the municipality pursuant to law for the payment of which any part of the net tax proceeds were or may be lawfully pledged; provided, that no part of the balance of the proceeds referred to in this section shall be expended contrary to the provisions of the Constitution; and provided further, that funds distributed to municipalities under the provisions of this division shall not be commingled with other funds of the municipality, except the municipalities' portion of the highway gasoline tax, and shall be kept and disbursed by such municipality from a special fund only for the purposes hereinabove provided.
d. An additional five percent of the balance each month computed after deducting the distributions in paragraphs a. and c. shall accrue to the credit of, and be deposited in, the Agricultural Fund.
e. In addition to any and all other funds heretofore or hereafter appropriated, for the fiscal year beginning October 1, 2015, there is appropriated to the Department of Revenue as a first charge against the fees collected pursuant to this article, the sum of five hundred thousand dollars ($500,000) to offset the Revenue Department's costs to implement and administer this article. Beginning October 1, 2016, and every year thereafter an amount equal to two and one-half percent of the balance of the proceeds received each month after deducting the distributions in paragraphs a., b., c., and d. or no less than eighty-seven thousand five hundred dollars ($87,500), whichever is greater, is appropriated and shall accrue to the credit of, and be deposited to, the Department of Revenue to offset its costs of collection.
f. The balance of the proceeds after a., b., c., d., and e. above have been distributed monthly shall accrue to the credit of and be deposited in the Public Road and Bridge Fund.
(b) In the event of the collection hereunder from any person of an amount in excess of the amount of all inspection fees, interest, or penalties properly and lawfully required to be paid by such person, such person may apply to the Revenue Commissioner in the case of the inspection fees, interest, and penalties paid to the Revenue Commissioner. In the case of overpayment of the permit fees or penalties paid to the Commissioner of Agriculture and Industries, the person may apply to the Commissioner of Agriculture and Industries for a refund of the amount of such overpayment. If such application for refund is approved in whole or in part by the commissioner, the commissioner shall submit to the state Comptroller a statement, approved by the state Attorney General, setting forth the amount determined to have been overpaid and the date of the overpayment. If an application for refund submitted to the Revenue Commissioner is approved in whole or in part by the Revenue Commissioner, he or she shall submit to the state Comptroller a statement, setting forth the amount determined to have been overpaid and the date of the overpayment. In each case, the state Comptroller shall then draw his or her warrant in favor of the person making such overpayment upon the State Treasurer for the amount specified in the statement, and such amount shall be paid out of current months' collections before any distribution is made under subsection (a) of this section.
(c) The application for refund of the permit fees provided for in this article shall be filed with the Commissioner of Agriculture and Industries within 12 calendar months from the date upon which the overpayment was made, and no amount shall be refunded unless the application therefor is filed within the time prescribed herein.
For any period prior to October 1, 2016, the application for refund of the inspection fee provided for in this article shall be filed with the Revenue Commissioner within 12 calendar months from the date upon which the overpayment was made, and no amount shall be refunded unless the application therefor is filed within the time prescribed herein. For the period beginning October 1, 2016, the application for refund of the inspection fee provided for in this article must be filed with the Revenue Commissioner within the time limits provided by the Taxpayer Bill of Rights in Chapter 2A of Title 40. No amount shall be approved for refund by the Revenue Commissioner unless the application therefor is filed within the time prescribed therein.
(d) The Department of Agriculture and Industries or the Department of Revenue shall have authority to make and issue rules and regulations relating to the procedure to be followed in filing an application for a refund and for payment of any refund made under this article.
(e) In the event of the collection from any person by the Revenue Commissioner of an amount in excess of the amount lawfully required for the six cent ($.06) additional motor fuel excise tax levied on gasoline under subdivision (1) of subsection (a) of Section 40-17-325, when one-third of the amounts so collected have been deposited in the State Treasury and distributed as provided herein, any refund properly approved by the Revenue Commissioner shall be paid out of current months' collections before any distribution of the current months' collections is made under subsection (a) of this section.
(Acts 1971, No. 1403, p. 2363, §11; Acts 1979, No. 79-307, p. 460, §1; Acts 1984, No. 84-185, p. 279, §2; Acts 1986, Ex. Sess., No. 86-716, p. 132, §1; Act 2004-516, p. 996, §1; Act 2004-546, p. 1164, §1; Act 2012-400, p. 1092, §1; Act 2015-54, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-92/
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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 8-17-92 - Injunctive Relief.
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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 8-17-92 - Injunctive Relief.
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Section 8-17-92
Injunctive relief.
(a) In addition to penalty and other enforcement provisions of this division and notwithstanding the existence of another adequate remedy, the circuit court shall have jurisdiction for cause shown to grant a temporary restraining order or permanent injunction, or both, restraining and enjoining any person from violation or continuing to violate any requirements of this division declared to be unlawful.
(b) Any such person may also be restrained or enjoined from selling, offering for sale, storing, or using any petroleum product without having a permit as required by Section 8-17-96, from selling, distributing, offering for sale, storing, or using in this state any petroleum product upon which the inspection fee imposed by Section 8-17-87 is not paid or from otherwise violating any of the provisions and requirements of this chapter.
(c) Such injunction or restraining order shall be issued without bond.
(d) Any action commenced under this section shall be brought in the name of the State of Alabama upon the relation of the Attorney General.
(Acts 1971, No. 1403, p. 2363, §12; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §5; Act 2015-54, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-93/
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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 8-17-93 - Penalty for Violation; Revocation of Permits.
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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 8-17-93 - Penalty for Violation; Revocation of Permits.
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Section 8-17-93
Penalty for violation; revocation of permits.
(a) Any person who sells, offers for sale, stores, or uses any petroleum product in the state which is below the legal standard, who makes a false statement or certificate as to the quantity or standard of such petroleum product, sells, offers for sale, stores, or uses any petroleum product without having procured a permit as required by Section 8-17-85, fails to make any report to the Revenue Commissioner as required by this article, makes a false certificate of the number of gallons of such petroleum product sold, stored, or used during the preceding month or who otherwise violates or fails to comply with the provisions of this article shall be guilty of a misdemeanor.
(b) The Commissioner of Agriculture and Industries may revoke the permit, referenced in Section 8-17-85, of any person found upon investigation to have sold, offered for sale, stored, or used any petroleum product below the minimum standards adopted by the Board of Agriculture and Industries pursuant to the provisions of this article or when the Revenue Commissioner has notified the Commissioner of Agriculture and Industries that the taxpayer has failed or refused, subject to the appeal provisions of Chapter 2A of Title 40, to file the delinquent tax return or to pay the inspection fee required by this article.
(c) The holder of any permit, referenced in Section 8-17-85, that may be revoked pursuant to the provisions of this section shall have the right, upon request of such holder, to a hearing before the Commissioner of Agriculture and Industries, at which such holder may appear personally or by legal representative, and he or she may appeal from the decision of the commissioner by filing in the Circuit Court of Montgomery County a petition for an injunction against the commissioner. In the event such an injunction is sought, sufficient bond shall be filed with the court and conditioned as the law now provides relative to injunction bonds. The findings of the commissioner shall be presumed to be correct.
(Acts 1971, No. 1403, p. 2363, §12; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §5; Act 2015-54, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-94/
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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 8-17-94 - Division Not Applicable to Certain Shipments.
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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 8-17-94 - Division Not Applicable to Certain Shipments.
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Section 8-17-94
Division not applicable to certain shipments.
The provisions of this division shall not be construed to be applicable to petroleum products unloaded in any port of the state for shipment from such port into any other state or to any shipments of petroleum products through the state from any other state to a destination point outside the state.
(Acts 1971, No. 1403, p. 2363, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-95/
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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 8-17-95 - (Effective October 1, 2016) Floor-Stocks Inspection Fee.
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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 8-17-95 - (Effective October 1, 2016) Floor-Stocks Inspection Fee.
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Section 8-17-95
(Effective October 1, 2016) Floor-stocks inspection fee.
(a) There is hereby imposed a floor-stocks inspection fee on gasoline held in inventory outside of the bulk transfer/terminal system, as defined in Section 40-17-322, but not at the retail level, on October 1, 2016, if:
(1) No inspection fee was imposed on the gasoline under Section 8-17-87, as of September 30, 2016; and
(2) The inspection fee would have been imposed on the gasoline by this article had it been in effect for the periods prior to October 1, 2016.
(b) The rate of the inspection fee imposed by this section shall be the amount of the fee imposed under Section 8-17-87, on September 30, 2016.
(c) Any person owning gasoline on October 1, 2016, to which the inspection fee imposed by this section applies, shall be liable for the inspection fee. The inspection fee imposed by this section shall be paid on or before December 31, 2016, and shall be paid in the manner prescribed by the Department of Revenue.
(Act 2015-54, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-96/
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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 8-17-96 - Inspection Fee Permit; Liability of Surety.
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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 8-17-96 - Inspection Fee Permit; Liability of Surety.
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Section 8-17-96
Inspection fee permit; liability of surety.
(a) The supplier or permissive supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the federal government at the rack, or the supplier or permissive supplier selling dyed diesel fuel or dyed kerosene at the rack at an out-of-state terminal to an importer for delivery into Alabama that does not have a valid inspection fee permit issued by the Alabama Department of Revenue, or the person first selling, the person importing, or the person who makes application to become an inspection fee permit holder of dyed diesel fuel, dyed kerosene, or lubricating oil in this state shall submit an application for an inspection fee permit to the department, which shall be approved by the department. Upon approval of the inspection fee application, the department shall issue to the applicant an inspection fee permit. This permit is not transferable and remains in effect until surrendered or canceled.
(b) The surety will remain liable for any liability that has accrued or will accrue prior to May 16, 2017.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-97/
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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 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-97 - Collection and Payment of Inspection Fee; Filing Requirements; Rulemaking Authorit...
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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 8-17-97 - Collection and Payment of Inspection Fee; Filing Requirements; Rulemaking Authority.
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Section 8-17-97
Collection and payment of inspection fee; filing requirements; rulemaking authority.
(a) It shall be the duty of the person first selling dyed diesel fuel, dyed kerosene, or lubricating oil in this state or importing dyed diesel fuel, dyed kerosene, or lubricating oil into the state, on which an inspection fee is due to collect and pay such inspection fee to the Department of Revenue each month in respect of all dyed diesel fuel, dyed kerosene, or lubricating oil sold or imported in the state during the preceding month unless the purchaser is an inspection fee permit holder.
(b) It shall be the duty of the supplier or permissive supplier to collect and pay the inspection fee to the Department of Revenue each month in respect of all dyed diesel fuel or dyed kerosene destined for Alabama that is sold to an importer that does not have a valid inspection fee permit issued by the Alabama Department of Revenue.
(c) It shall be the duty of the supplier or permissive supplier to collect the inspection fee imposed by this article from the licensed exempt entity unless the licensed exempt entity is an entity of the federal government on sales at the terminal rack and remit payment each month in respect of all gasoline or undyed diesel fuel sold in the state during the preceding month to licensed exempt entities other than the federal government.
(d) Each supplier, permissive supplier, importer, first seller, or inspection fee permit holder shall file the monthly returns and monthly remittance, in a format prescribed by the Revenue Commissioner, on or before the 20th day of each calendar month for the preceding month with the Department of Revenue. The taxpayer is required to file an electronic report through the Department of Revenue's electronic filing system.
(e) The inspection fee provided for in this section shall be paid but once with respect to the same product; but in the event any person fails to make the required electronic report or payment as herein provided on or before the date such payment is due, the Revenue Commissioner shall add to the inspection fee already due interest as prescribed in Section 40-1-44 and any applicable penalties as prescribed in Chapter 2A of Title 40. The Revenue Commissioner shall then proceed to collect the inspection fee, together with the interest and penalties, in accordance with the provisions of Title 40.
(f) The inspection fee, interest, and any penalties added thereto shall constitute and operate as a lien at all times until paid upon any petroleum products sold, offered for sale, stored, or used in the state by the person liable for the fee, and shall be immediately enforceable by the Revenue Commissioner in accordance with established collection procedures of the Department of Revenue.
(g) The Revenue Commissioner shall have authority to adopt and promulgate reasonable rules and regulations to effectuate the evident intent and purpose of this section with respect to reporting, collection, remittance, and payments of the petroleum products inspection fees imposed under this article which shall not conflict with any of the express provisions and requirements of this section.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-98/
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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 8-17-98 - (Effective October 1, 2016) Inspection Fee of Ultimate Consumers Having Submitted...
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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 8-17-98 - (Effective October 1, 2016) Inspection Fee of Ultimate Consumers Having Submitted Refund Petition.
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Section 8-17-98
(Effective October 1, 2016) Inspection fee of ultimate consumers having submitted refund petition.
(a) Having submitted a refund petition for the excise tax under the provisions of Section 40-17-329(h), the following ultimate consumers shall owe an inspection fee to the Department of Revenue at a reduced rate of one-fortieth of a cent ($.00025) per gallon on undyed diesel fuel. The Department of Revenue is authorized to reduce the excise tax refund by the amount of the inspection fee that is due.
(1) Undyed diesel fuel used by the ultimate consumer to operate boats, yachts, ships, or other maritime vehicles, whether such boats, yachts, ships, or other maritime vehicles are used commercially or for pleasure.
(2) Undyed diesel fuel used by the ultimate consumer to propel or operate tractors which are not operated on public highways but which are used exclusively in preparing and cultivating land, harvesting any agricultural commodity, or for other agricultural purposes, including pasture and hay production; provided, however, that the term tractors as used herein shall not include automobiles, trucks, pickups, trailers, semitrailers, or other such vehicles.
(3) Undyed diesel fuel used to propel railroad locomotives.
(4) Undyed diesel fuel used by the ultimate consumer as a solvent or other agent in the treatment or preservation of wood products.
(b) Having submitted a refund petition for the excise tax under the provisions of Section 40-17-329(h) on undyed diesel fuel used by the ultimate consumer in firing steam boilers or combustion generating turbines by compression, the ultimate consumer shall be exempt from the inspection fee on undyed diesel fuel used in firing steam boilers or combustion generating turbines by compression.
(c) If a refund is issued by the Department of Revenue for excise taxes levied under Section 40-17-325(1) on gasoline or Section 40-17-325(2) on undyed diesel fuel for sales to the United States government or any agency thereof, the inspection fee levied under this article shall not be due.
(d) If a refund is issued by the Department of Revenue for excise taxes levied under Section 40-17-325(1) on gasoline or Section 40-17-325(2) on undyed diesel exported out of Alabama, the inspection fee levied under this article shall not be due.
(Act 2015-54, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-99/
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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 8-17-99 - Deduction on Monthly Returns.
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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 8-17-99 - Deduction on Monthly Returns.
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Section 8-17-99
Deduction on monthly returns.
(a) The person first selling, the person importing, or the inspection fee permit holder of dyed diesel fuel or dyed kerosene may take a deduction on the monthly return for sales of dyed diesel fuel or dyed kerosene to the following:
(1) United States Government.
(2) Exports by the inspection fee permit holder.
(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
(4) Sales to the ultimate consumer for use in firing steam boilers or combustion generating turbines by compression.
(b) The person first selling, the person importing, or the inspection fee permit holder of lubricating oil may take a deduction on the monthly return for sales of lubricating oil to the following:
(1) United States Government.
(2) Exports by the inspection fee permit holder.
(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-100/
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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 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-100 - (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals.
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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 8-17-100 - (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals.
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Section 8-17-100
(Effective October 1, 2016) Refusal of inspection fee permit; appeals.
(a) The Department of Revenue may refuse to issue an inspection fee permit under this article if the applicant or any principal of the applicant has done any of the following:
(1) Had a motor fuel license or registration issued by this state or another state canceled for cause.
(2) Been convicted of any offense involving fraud or misrepresentation.
(3) Been convicted of any other offense that indicates that the applicant may not comply with this article if issued an inspection fee permit.
(b) The Department of Revenue may also refuse to issue an inspection fee permit if the applicant is in arrears to the state for any taxes or fees or for other good cause shown.
(c) Any refusal by the Department of Revenue under this section to issue an inspection fee permit may be appealed under the provisions of Chapter 2A of Title 40.
(Act 2015-54, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-101/
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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 8-17-101 - Cancellation of Inspection Fee Permit.
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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 8-17-101 - Cancellation of Inspection Fee Permit.
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Section 8-17-101
Cancellation of inspection fee permit.
(a) In accordance with the provisions of Chapter 2A of Title 40, the Department of Revenue may cancel the inspection fee permit required under Section 8-17-96, upon written notice sent to the permit holder's last known address, as it appears in the Department of Revenue's files, for any of the following reasons:
(1) Filing by the permit holder of a false report of the data or information required by this article.
(2) Failure, refusal, or neglect of the permit holder to file a report or to provide any information required by this article.
(3) Failure of the permit holder to pay the full amount of all excise taxes and inspection fees due or to pay any penalties or interest due.
(4) Failure of the permit holder to keep accurate records of the quantities of petroleum products received, produced, refined, manufactured, compounded, sold, imported, or used in Alabama.
(5) Conviction of the permit holder or a principal of the permit holder for any act prohibited under this article.
(6) Failure, refusal, or neglect of a permit holder to comply with any other provision of this article or any rule promulgated pursuant to this article.
(7) Having a motor fuel license or registration issued by this state or another state canceled for cause.
(8) For any change in the ownership or control of the business.
(b) Upon cancellation of any permit for any cause listed above, the inspection fee levied under this article becomes due and payable on all untaxed petroleum products held in storage or otherwise in the possession of the permit holder and all petroleum products sold, delivered, imported, or used prior to the cancellation on which the fee has not been paid.
(c) The permit can be canceled upon the written request of the permit holder.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-102/
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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 8-17-102 - Filing of Returns.
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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 8-17-102 - Filing of Returns.
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Section 8-17-102
Filing of returns.
Every return required to be filed under this article shall be on forms and by means prescribed by the Revenue Commissioner and furnished by the Department of Revenue and shall contain any information the Department of Revenue considers necessary for the enforcement of this article.
(Act 2015-54, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-110/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-110 - 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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-110 - Definitions.
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Section 8-17-110
Definitions.
The terms "reclaimed oil" or "re-refined oil," as used in this division, shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil.
(Acts 1951, No. 923, p. 1571, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-111/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-111 - Labeling Requirements.
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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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-111 - Labeling Requirements.
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Section 8-17-111
Labeling requirements.
It shall be unlawful for any person, firm, corporation or association to sell, offer for sale or keep for sale in the State of Alabama reclaimed or re-refined oil, as defined in this division, unless such oil is in a container bearing a label on which there shall be expressed the brand or trade name of the oil, the name and address of the person, firm, corporation or association who has reclaimed, reprocessed or re-refined such oil and placed it in the container, the S.A.E. (Society of Automotive Engineers) viscosity number, the net quantity of each container expressed in standard liquid measure and the words "reclaimed oil" or "re-refined oil" in letters as large and conspicuous as any other letters thereon, except the trade name of such oil, and such letters shall not be obscured by other words, legend, color or otherwise.
(Acts 1951, No. 923, p. 1571, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-112/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-112 - Advertising.
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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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-112 - Advertising.
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Section 8-17-112
Advertising.
It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to promote the sale of reclaimed oil or re-refined oil in the State of Alabama unless such advertising material or displays include a statement that the oil offered for sale is reclaimed or re-refined oil, and such statement shall be in letters as large as any other letters used in such advertising material or advertising displays except the trade name of such oil.
(Acts 1951, No. 923, p. 1571, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-113/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-113 - Enforcement of Division.
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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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-113 - Enforcement of Division.
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Section 8-17-113
Enforcement of division.
The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division.
(Acts 1951, No. 923, p. 1571, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-114/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-114 - Suspension From Sale, Seizure, Condemnation, etc., of Illegal 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 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-114 - Suspension From Sale, Seizure, Condemnation, etc., of Illegal Oil.
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Section 8-17-114
Suspension from sale, seizure, condemnation, etc., of illegal oil.
Any reclaimed or re-refined oil kept for sale or offered for sale in violation of any of the provisions of this division shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2, Chapter 2 of Title 2, and all of the provisions of said Article 2 shall be applicable to oil regulated by this division.
(Acts 1951, No. 923, p. 1571, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-115/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-115 - Nonapplicability of Division to Certain Sales.
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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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-115 - Nonapplicability of Division to Certain Sales.
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Section 8-17-115
Nonapplicability of division to certain sales.
The provisions of this division shall not apply to oil sold to the consumer on, or from, the premises of a person, firm or corporation where the reclaimed or re-refined oil is reclaimed, reprocessed or re-refined on such premises.
(Acts 1951, No. 923, p. 1571, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-2/section-8-17-116/
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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 2 - Reclaimed or Re-Refined Oil.›Section 8-17-116 - Penalty for Violation of Division.
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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 2 - Reclaimed or Re-Refined Oil. › Section 8-17-116 - Penalty for Violation of Division.
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Section 8-17-116
Penalty for violation of division.
Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.
(Acts 1951, No. 923, p. 1571, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-130/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-130 - Deceit in Sales.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-130 - Deceit in Sales.
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Section 8-17-130
Deceit in sales.
It shall be unlawful for any person to knowingly sell, or offer for sale, any liquid motor fuel, lubricating oil, grease or other similar petroleum products with the intent to deceive any purchaser or prospective purchaser thereof as to the identity, quality, brand or character of any of such products.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §416.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-131/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-131 - Marking of Pumps, Etc. - Liquid Motor Fuels.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-131 - Marking of Pumps, Etc. - Liquid Motor Fuels.
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Section 8-17-131
Marking of pumps, etc. - Liquid motor fuels.
Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public must conspicuously, clearly and distinctly place and keep placed on each pump or other device used by him for dispensing such fuel at such place the name of the owner thereof and the name of the brand, trademark or trade name of the liquid motor fuel being dispensed from each pump or other said device.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §417.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-132/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-132 - Marking of Pumps, Etc. - Lubricating Oils and Motor Greases.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-132 - Marking of Pumps, Etc. - Lubricating Oils and Motor Greases.
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Section 8-17-132
Marking of pumps, etc. - Lubricating oils and motor greases.
Every person selling or offering for sale, at retail to the public, lubricating oils and motor greases must conspicuously, clearly and distinctly place, and keep placed on each drum, tank, or other container from or in which such products are sold or offered for sale the name of the owner thereof and the name of the brand, trademark or trade name of each of such products sold or offered for sale therefrom.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §418.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-133/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-133 - Removing Markings on Equipment, 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 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-133 - Removing Markings on Equipment, Etc.
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Section 8-17-133
Removing markings on equipment, etc.
It shall be unlawful for any person to intentionally erase, deface, destroy, or otherwise remove without the consent of the owner thereof the name of the owner, the brand, trademark or trade name, or any word, figure or symbol placed on any pump, tank, container, or other equipment or property used in connection with the sale or distribution of any liquid motor fuel, lubricating oils, greases, or other similar petroleum products.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §419.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-134/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-134 - Selling, etc., Under Other Name; Adulteration of 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 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-134 - Selling, etc., Under Other Name; Adulteration of Products.
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Section 8-17-134
Selling, etc., under other name; adulteration of products.
It shall be unlawful for any person to sell, expose, or offer for sale any liquid motor fuel or any lubricating oil, grease, or other similar petroleum product under any name other than the name or trade name given thereto or designated therefor by the manufacturer or distributor thereof; nor shall any person adulterate the liquid motor fuels, lubricating oils, greases or other similar petroleum products sold or offered for sale under such trade name or trademark.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §420.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-135/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-135 - Selling, etc., Product Other Than That Indicated.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-135 - Selling, etc., Product Other Than That Indicated.
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Section 8-17-135
Selling, etc., product other than that indicated.
It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device or equipment any liquid motor fuel, lubricating oil, grease or other similar petroleum products other than those indicated by the brand, name, trademark, trade name, symbol, or sign of the manufacturer or distributor appearing upon the tank, pump, container, or other distributing equipment from which the same are sold, offered for sale or distributed.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §421.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-136/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-136 - Changing Contents of 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 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-136 - Changing Contents of Containers.
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Section 8-17-136
Changing contents of containers.
It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, or other container, any liquid motor fuel, lubricating oil, grease or similar petroleum products other than those to be stored therein and distributed therefrom, as indicated by the brand, name, trade name, trademark, symbol or sign of the manufacturer or distributor appearing on the tank, pump, container, or other distributing equipment from which the same is sold, offered for sale or distributed.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §422.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-137/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-137 - Imitation of Markings, etc., of Others With Intent to Deceive.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-137 - Imitation of Markings, etc., of Others With Intent to Deceive.
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Section 8-17-137
Imitation of markings, etc., of others with intent to deceive.
It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any other marketer of petroleum products with the intent to deceive a purchaser as to the nature, source, quality or identity of any petroleum product sold by such person to the purchaser.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §423.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-138/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-138 - Enforcement of Division.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-138 - Enforcement of Division.
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Section 8-17-138
Enforcement of division.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to motor fuels, lubricating oil, grease and other similar petroleum products regulated by the provisions of this division.
(Acts 1977, No. 20, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-3/section-8-17-139/
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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 3 - Fraud and Deceit in Sale.›Section 8-17-139 - Penalty for Violation of Division.
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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 3 - Fraud and Deceit in Sale. › Section 8-17-139 - Penalty for Violation of Division.
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Section 8-17-139
Penalty for violation of division.
Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §424.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-150/
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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 4 - Posting Price and Tax.›Section 8-17-150 - "Motor Vehicle" Defined.
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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 4 - Posting Price and Tax. › Section 8-17-150 - "Motor Vehicle" Defined.
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Section 8-17-150
"Motor vehicle" defined.
The term "motor vehicle," as used in this division, shall include all vehicles propelled by any power other than muscular power.
(Acts 1939, No. 607, p. 972, §3; Code 1940, T. 2, §425(3); Acts 1943, No. 596, p. 611, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-151/
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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 4 - Posting Price and Tax.›Section 8-17-151 - Purpose and Construction of Division.
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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 4 - Posting Price and Tax. › Section 8-17-151 - Purpose and Construction of Division.
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Section 8-17-151
Purpose and construction of division.
The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several units of government upon the goods, wares and merchandise identified in this division, and nothing contained in this division shall be construed to convert any taxes levied on such goods, wares and merchandise into a consumer's sales tax.
(Acts 1943, No. 596, p. 611, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-152/
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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 4 - Posting Price and Tax.›Section 8-17-152 - Posting of Price Required.
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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 4 - Posting Price and Tax. › Section 8-17-152 - Posting of Price Required.
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Section 8-17-152
Posting of price required.
It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any motor vehicle or to deliver into any motor vehicle for actual or apparent use therein any motor fuel for use in supplying, creating, or generating motive power to such motor vehicle unless such person, firm, or corporation shall conspicuously and plainly post on the pump from which delivery is made the price or prices of such product.
(Acts 1939, No. 607, p. 972, §1; Code 1940, T. 2, §425(1); Acts 1943, No. 596, p. 611, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-153/
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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 4 - Posting Price and Tax.›Section 8-17-153 - Jurisdiction in Enforcement of Division.
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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 4 - Posting Price and Tax. › Section 8-17-153 - Jurisdiction in Enforcement of Division.
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Section 8-17-153
Jurisdiction in enforcement of division.
District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division.
(Acts 1939, No. 607, p. 972, §5; Code 1940, T. 2, §425(5); Acts 1943, No. 596, p. 611, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-154/
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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 4 - Posting Price and Tax.›Section 8-17-154 - Enforcement of Division.
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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 4 - Posting Price and Tax. › Section 8-17-154 - Enforcement of Division.
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Section 8-17-154
Enforcement of division.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to the provisions of this division.
(Acts 1977, No. 20, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-4/section-8-17-155/
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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 4 - Posting Price and Tax.›Section 8-17-155 - Penalty for Violation of Division.
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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 4 - Posting Price and Tax. › Section 8-17-155 - Penalty for Violation of Division.
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Section 8-17-155
Penalty for violation of division.
A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law.
(Acts 1939, No. 607, p. 972, §4; Code 1940, T. 2, §425(4); Acts 1943, No. 596, p. 611, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-6/section-8-17-170/
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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 6 - Turpentine.›Section 8-17-170 - Standards.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-170 - Standards.
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Section 8-17-170
Standards.
(a) No person shall sell or take orders for sale and delivery within this state any "oil of turpentine," or so-called "spirits of turpentine," "turpentine," or "turps," unless the same is wholly volatile oil derived from the oleo-resinous exudation from, or the resinous wood of, various species of coniferous trees.
(b) It shall also be deemed a violation of this article if oil of turpentine does not conform to the standard specifications for turpentine as appearing in the latest biennial issue of the "A.S.T.M. Standards" issued by the American Society for Testing Materials.
(Ag. Code 1927, §204; Code 1940, T. 2, §446.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-6/section-8-17-171/
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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 6 - Turpentine.›Section 8-17-171 - Labeling Requirements Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-171 - Labeling Requirements Generally.
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Section 8-17-171
Labeling requirements generally.
No person shall sell any oil of turpentine 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.
(Ag. Code 1927, §205; Code 1940, T. 2, §447.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-6/section-8-17-172/
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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 6 - Turpentine.›Section 8-17-172 - Sale of Substitutes; Labeling of Tanks, etc., Containing Substitutes.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-172 - Sale of Substitutes; Labeling of Tanks, etc., Containing Substitutes.
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Section 8-17-172
Sale of substitutes; labeling of tanks, etc., containing substitutes.
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other products or any product which is intended to be used as a substitute for oil of turpentine unless it is exposed for sale and sold under the name "substitute for oil of turpentine."
(b) If the word "turpentine" is 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 specified in subsection (c) of this section.
(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 specified in this subsection giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer or jobber thereof in continuous list with no intervening matter of any kind, using ordinary bold-faced 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, §206; Code 1940, T. 2, §448.)
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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 6 - Turpentine.›Section 8-17-173 - Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, E...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-173 - Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, Et Seq.
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Section 8-17-173
Enforcement of article; rules and regulations; applicability of Section 2-2-30, et seq.
(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. In addition, the commissioner may make and adopt rules pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee for reimbursement of expenses and costs.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to turpentine regulated by the provisions of this article.
(Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-6/section-8-17-174/
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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 6 - Turpentine.›Section 8-17-174 - 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 6 - Turpentine. › Section 8-17-174 - Penalty for Violation of Article.
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Section 8-17-174
Penalty for violation of article.
(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding the composition of any article as required or any statements of any kind which are misleading or deceptive or which are not true shall constitute a misdemeanor.
(b) Any person violating any other provision of this article 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, §§207, 611; Code 1940, T. 2, §§12, 449.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-7/section-8-17-190/
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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 7 - Liquefied Petroleum Gas.›Section 8-17-190 - Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purcha...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 7 - Liquefied Petroleum Gas. › Section 8-17-190 - Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purchaser or Agent of Invoice as to Amount Purchased.
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Section 8-17-190
Weighing or metering of liquefied petroleum gas upon purchase; issuance to purchaser or agent of invoice as to amount purchased.
(a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the amount of gas purchased shall be given to the purchaser or his agent.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor.
(Acts 1977, No. 576, p. 763, §§ 1, 2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-210/
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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 8 - Fireworks.›Section 8-17-210 - 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 8 - Fireworks. › Section 8-17-210 - Definitions.
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Section 8-17-210
Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise:
(1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5.
(2) ANNUAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within this state throughout the entire calendar year from January 1 through December 31.
(3) APA 87-1. The 2001 American Pyrotechnics Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.
(4) AUDIBLE GROUND DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in APA 87-1, Section 3.1.3.
(5) DISTRIBUTOR. Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn resells to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit.
(6) D.O.T. CLASS C CONSUMER FIREWORKS. All articles of fireworks as are now or hereafter classified as D.O.T. Class C 1.4G Consumer fireworks in the regulations of the U.S. Department of Transportation for the transportation of explosive and other dangerous articles, including aerial devices and audible ground devices.
(7) FIREWORKS SEASONS. The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks.
(8) MANUFACTURER. Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama.
(9) NFPA 1123. The National Fire Protection Association Code for Fireworks Display, as adopted by the State Fire Marshal.
(10) NOVELTIES. Any device listed in APA 87-1, Section 3.2, including, without limitation, the following:
a. Party poppers.
b. Snappers.
c. Toy smoke devices.
d. Snake, glow worms.
e. Wire sparklers, dipped sticks.
(11) PERMIT. The written authority of the State Fire Marshal issued under the authority of this article.
(12) PERSON. Includes any corporation, association, copartnership, or one or more individuals.
(13) SALE. An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each transaction made by any person, whether as principal proprietor, salesperson, agent, association, copartnership, or one or more individuals.
(14) SEASONAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands.
(15) SPARKLING DEVICES. Handheld or ground based sparkling devices that are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes and other sparkling devices that emit showers of sparks and sometimes a whistling, spinning, or crackling effect when burning, but does not include aerial devices, audible ground devices, or anything that will detonate or explode.
(16) SPECIAL FIREWORKS. All articles of fireworks that are classified as Class B 1.3G fireworks in the regulations of the U.S. Department of Transportation, including all articles classified as fireworks other than those classified as Class C.
(17) WHOLESALER. Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail.
(Acts 1981, No. 81-409, p. 638, §1; Acts 1987, No. 87-563, p. 876, §1; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-211/
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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 8 - Fireworks.›Section 8-17-211 - Permit for Manufacture, Sale, etc., of Fireworks or Pyrotechnics for Use Before a...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-211 - Permit for Manufacture, Sale, etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement.
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Section 8-17-211
Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before a proximate audience; record of sales; enforcement.
(a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before a proximate audience, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, annual retailer, or seasonal retailer, from the State Fire Marshal. Possession of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, except as herein provided. This provision applies to nonresidents as well as residents of the State of Alabama. Mail orders where consumers purchase any fireworks or pyrotechnics for use before a proximate audience through the mail or receive any fireworks or pyrotechnics for use before a proximate audience in Alabama by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. All fireworks or pyrotechnics for use before a proximate audience sold and delivered to consumers within the State of Alabama must take place within the State of Alabama and be sold and delivered only by an individual, firm, partnership, or corporation holding the proper Alabama permit and all fireworks or pyrotechnics for use before a proximate audience coming into the state, manufactured, sold, or stored within the state shall be under the supervision of the State Fire Marshal as provided for in this article.
(b) Prior to engaging in the manufacture or sale within the State of Alabama, or shipment into the State of Alabama, of any fireworks or pyrotechnics for use before a proximate audience, each person making shipment or delivery or receiving any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, must make application on forms secured from the State Fire Marshal for a permit or permits required under this article for each location at which fireworks or pyrotechnics for use before a proximate audience are to be offered for sale.
(c) A manufacturer's permit issued under this article shall be subject to rules adopted by the State Fire Marshal to govern the manufacture of fireworks or pyrotechnics for use before a proximate audience as in the judgment of the State Fire Marshal the public welfare may require.
(d) The decision of the State Fire Marshal as to what type of permit or permits shall be required of each person shall be final. The State Fire Marshal may deny a permit to an applicant or revoke a permit if the State Fire Marshal has knowledge or reason to believe the safety standards and conditions of this article are not or cannot be met by the applicant. No permit shall be issued to a person under the age of 18 years. All permits shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year, two days of grace shall be allowed holders of permits after expiration thereof. Only one seasonal retailer permit shall be required for a full calendar year, and it shall be valid for both fireworks seasons, provided that the building is not moved from the location where it was originally permitted and no substantial structural or environmental changes have occurred. A seasonal retailer permit may be issued after July tenth for the remaining fireworks season of that calendar year. All permits issued must be displayed in their place of business. No permit provided for herein shall be transferable nor shall a person be permitted to operate under a permit issued to any other person or under a permit issued for another location, unless the transfer was approved by the State Fire Marshal. The holder of an annual retailer permit shall not be required to obtain a seasonal retailer permit.
(e) The State Fire Marshal shall charge for permits issued as follows:
(1) Manufacturer, three thousand dollars ($3,000).
(2) Distributor, three thousand dollars ($3,000).
(3) Wholesaler, one thousand dollars ($1,000).
(4) Annual Retailer:
a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location.
b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location.
c. Of only novelties, fifty dollars ($50) per location.
(5) Seasonal Retailer:
a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location.
b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location.
(6) Seasonal Retailer after July 10, one-half the permit fee indicated in subdivision (5).
(7) Display, application filed at least 10 business days before display date, seventy-five dollars ($75).
(8) Display, application filed less than 10 business days before display date, one hundred fifty dollars ($150).
(f) Only holders of an annual retailer or seasonal retailer permit may engage in the retail sale of aerial devices, sparkling devices, audible ground devices, and novelties, in any quantity, to consumers.
(g) A holder of a manufacturer's permit is not required to have any additional permit or permits in order to sell to distributors, wholesalers, retailers, or seasonal retailers.
(h) A record of all sales by manufacturers, distributors, or wholesalers must be kept showing the names and addresses of purchasers. All fees collected for the permits shall be paid into the State Fire Marshal's Fund for the enforcement of this article. The State Fire Marshal may designate a deputy fire marshal as the "fireworks enforcement officer" who shall direct enforcement of the state fireworks laws.
(i) The State Fire Marshal is charged with the enforcement of this article and may call upon any state or county or city peace officer for assistance in the enforcement of this article. The fire marshal is not authorized to adopt rules in conflict with or that go beyond the scope or intent of this article.
(j) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year.
(Acts 1981, No. 81-409, p. 638, §2; Acts 1987, No. 87-563, p. 876, §2; Act 2003-378, p. 1068, §1; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-212/
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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 8 - Fireworks.›Section 8-17-212 - Assignment and Utilization of Permit Numbers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-212 - Assignment and Utilization of Permit Numbers.
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Section 8-17-212
Assignment and utilization of permit numbers.
The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or wholesaler.
(Acts 1981, No. 81-409, p. 638, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-213/
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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 8 - Fireworks.›Section 8-17-213 - Requirement That Consignee Produce Permit, etc., Prior to Delivery, Sale, etc., o...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-213 - Requirement That Consignee Produce Permit, etc., Prior to Delivery, Sale, etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders.
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Section 8-17-213
Requirement that consignee produce permit, etc., prior to delivery, sale, etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses permit; keeping of records by permit holders.
No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit or evidence that the consignee holds said permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller herein has been obtained and is current and valid. Each holder of a permit under the provisions of this article shall keep an accurate record of each shipment received. Each holder of a permit as distributor or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. Such records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his deputies, who shall have the authority at any reasonable time to require any manufacturer, distributor, wholesaler, or retailer to produce records for the current year and the immediately preceding full calendar year.
(Acts 1981, No. 81-409, p. 638, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-214/
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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 8 - Fireworks.›Section 8-17-214 - Revocation of Permit for Reasons of Purchasing, Receiving, etc., Illegal Firework...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-214 - Revocation of Permit for Reasons of Purchasing, Receiving, etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked.
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Section 8-17-214
Revocation of permit for reasons of purchasing, receiving, etc., illegal fireworks; notice of revocation; refusal to issue new permit to holder whose permit is cancelled or revoked.
(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be shipped any illegal fireworks in violation of this article. Notice must be given in writing to the holder of a permit stating cause of revocation; if the permit revoked is for a business located within Alabama, a copy of said notice of revocation must be supplied to the judge of probate of the county in which such permit holder's business is located.
(b) The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks for a period not to exceed three years.
(Acts 1981, No. 81-409, p. 638, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-215/
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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 8 - Fireworks.›Section 8-17-215 - Effect of Article on State, County, and Municipal License Requirements; Requireme...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-215 - Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number.
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Section 8-17-215
Effect of article on state, county, and municipal license requirements; requirement of proof of current and valid sales tax number.
The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses, the judge of probate shall require each applicant for a fireworks license to exhibit a permit or furnish other definite and satisfactory evidence that a proper permit has been issued to the applicant by the State Fire Marshal and that said permit is current and valid. No permit shall be issued to any applicant who does not show proof of a current and valid sales tax number.
(Acts 1981, No. 81-409, p. 638, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-216/
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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 8 - Fireworks.›Section 8-17-216 - Permits for Sale, Use, etc., of Special Fireworks for Public Displays.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-216 - Permits for Sale, Use, etc., of Special Fireworks for Public Displays.
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Section 8-17-216
Permits for sale, use, etc., of special fireworks for public displays.
(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the Alcohol, Tobacco, and Firearms division of the United States Treasury Department, and their requirements met and any permit or license required by them secured before application for a state display permit is made.
(b) Application for a state permit for public display of special fireworks must be made in writing to the State Fire Marshal at least 10 days before the display date. The State Fire Marshal may accept an application for a state permit for public display of special fireworks less than 10 days before the display date if accompanied by a fee of double the amount otherwise required. The application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to property and that it shall not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of such municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.
(c) Possession and sale of special fireworks shall be limited to a holder of a federal license issued for display fireworks. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a distributor's permit only. Provided, however, a distributor's permit shall not be required where the special fireworks are for public display to be performed solely for The Alabama June Jam, Inc.; and provided further that the application for the state permit for public display shall show that the proposed display is to be performed solely for The Alabama June Jam, Inc.
(d) Nothing in this article shall apply to Class C firework displays.
(Acts 1981, No. 81-409, p. 638, §7; Acts 1987, No. 87-151, p. 206, §1; Act 2003-378, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-216-1/
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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 8 - Fireworks.›Section 8-17-216.1 - Use of Pyrotechnics Before a Proximate Audience.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-216.1 - Use of Pyrotechnics Before a Proximate Audience.
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Section 8-17-216.1
Use of pyrotechnics before a proximate audience.
(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection Association's Standard for the Use of Pyrotechnics Before a Proximate Audience (NFPA 1126) as shall be adopted by the State Fire Marshal. For purposes of this article, the term "proximate audience" shall mean an indoor audience closer to pyrotechnic devices than permitted by the National Fire Protection Association's Code for Fireworks Display (NFPA 1123).
(b) No person shall use pyrotechnics before a proximate audience without first obtaining a permit from the State Fire Marshal. An application for a permit for the use of pyrotechnics at an event with a proximate audience shall be filed with the State Fire Marshal not less than 10 days prior to the planned date of the event. The State Fire Marshal may accept an application for a permit under this section less than 10 days before the planned date of the event if accompanied by a fee of double the amount otherwise required.
(c) The request for a permit under subsection (b) shall be in the form and manner prescribed by the State Fire Marshal. The permit shall be in addition to any locally required permit or approval.
(d) A fee of one hundred fifty dollars ($150) per event shall be submitted with each application.
(e) Where more than one event is to take place at the same location during the same calendar date, a separate application shall be filed for each event. The application fee for the second and subsequent events on the same calendar date shall be seventy-five dollars ($75) per event.
(f) The State Fire Marshal may prescribe additional requirements associated with the use of pyrotechnics before a proximate audience as are deemed necessary for the safety of property and persons present at the proximate event location.
(g) All pyrotechnics found at an event with a proximate audience that does not have a permit shall be confiscated and destroyed by the State Fire Marshal or his or her designee.
(h) All fees collected pursuant to this section shall be paid into the State Fire Marshal's Fund for the enforcement of this article.
(i) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year.
(Act 2003-378, p. 1068, §2; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-217/
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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 8 - Fireworks.›Section 8-17-217 - Permissible Items of Fireworks.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-217 - Permissible Items of Fireworks.
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Section 8-17-217
Permissible items of fireworks.
(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into the State of Alabama, except as provided in Section 8-17-216, any pyrotechnics commonly known as "fireworks" other than items now or hereafter classified as Class C consumer fireworks by the United States Department of Transportation, including, but not limited to, aerial devices, audible ground devices, sparkling devices, and novelties and those items that comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under their regulations.
(b) Permitted items designed to produce an audible effect are confined to small ground items which include firecrackers containing not over 50 milligrams of explosive composition and aerial devices containing not over 130 milligrams of explosive composition. Propelling or expelling charge consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.
(c) Items permitted and for which a permit is required shall include related items not classified by the United States Department of Transportation as consumer fireworks, but identified under their regulations as trick noisemakers, toy novelties, toy smoke devices and sparklers and shall include toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, and wire sparklers containing not over 100 grams of composition per item. Sparklers containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(Acts 1981, No. 81-409, p. 638, §8; Acts 1987, No. 87-563, p. 876, §3; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-218/
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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 8 - Fireworks.›Section 8-17-218 - Sale, Use, etc., of Special Class B Commercial Type Ground Salutes.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-218 - Sale, Use, etc., of Special Class B Commercial Type Ground Salutes.
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Section 8-17-218
Sale, use, etc., of special Class B commercial type ground salutes.
All items of fireworks which exceed the two grain limit of D.O.T. Class C consumer fireworks as to explosive composition, such items being commonly referred to as "illegal ground salutes" designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale, and use within the State of Alabama for any purpose. This section shall not affect display fireworks authorized by this article.
(Acts 1981, No. 81-409, p. 638, §9; Acts 1987, No. 87-563, p. 876, §4; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-219/
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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 8 - Fireworks.›Section 8-17-219 - Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identificat...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-219 - Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items.
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Section 8-17-219
Conformance of permissible items to nomenclature of Section 8-17-217; identification marks on items.
No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature of Section 8-17-217. Items must be identified on the shipping cases and by imprinting on the article or retail sales container or unit "D.O.T. Class C Consumer Fireworks" or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks on related items; such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
(Acts 1981, No. 81-409, p. 638, §10; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-220/
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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 8 - Fireworks.›Section 8-17-220 - Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-220 - Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required.
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Section 8-17-220
Authorization for retail sales of permissible items of fireworks; items for which special fireworks permit at no time required.
Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term "fireworks" shall not include toy paper pistol caps which contain less than twenty-five hundredths grains of explosive compounds, model rockets, emergency signal flares, matches, trick matches, and cigarette loads, the sale and use of which shall be permitted at all times without a special fireworks permit.
(Acts 1981, No. 81-409, p. 638, §11; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-221/
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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 8 - Fireworks.›Section 8-17-221 - Requirements as to Storage, Display, etc., of Fireworks; Retail Sales of Firework...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-221 - Requirements as to Storage, Display, etc., of Fireworks; Retail Sales of Fireworks From Tents, Motor Vehicles, etc.; Inspection by State Fire Marshal, etc., of Premises Where Fireworks Are to Be Stored or Sold.
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Section 8-17-221
Requirements as to storage, display, etc., of fireworks; retail sales of fireworks from tents, motor vehicles, etc.; inspection by State Fire Marshal, etc., of premises where fireworks are to be stored or sold.
(a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words "FIREWORKS - NO SMOKING" in letters not less than four inches high.
(b) No fireworks shall be sold at retail at any permanent location where paints, oils or varnishes are for sale or use unless kept in the original unbroken containers, nor where gasoline or other flammable liquid or gas is used, stored or sold, if the use, storage, or sale creates an undue hazard to person or property. No fireworks shall be sold at retail from any temporary or moveable stand where paints, oils, or varnishes are for sale or use unless kept in the original unbroken containers, nor within 50 feet of where gasoline or other flammable liquid or gas is used, stored or sold.
(c) Any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. Safety type thread wrapped and coated fuses shall be exempt from this provision.
(d) No retail permit shall be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle. A permit may be issued for the sale of fireworks from a modular or mobile building when the structure is eight feet or more in width and thirty-two feet or more in length, from which all wheels have been removed and the structure placed on a non-mobile foundation. No permit shall be issued to an applicant for a previously unpermitted location, until the premises where fireworks are to be stored or sold have been inspected by the State Fire Marshal or his designated representative and it shall have been determined that such building and facilities within the building and facilities for storage meet reasonable safety standards for the storage and sale of permissible fireworks. Inspection is not required for renewal of permits at the same location to be operated by the same owner unless there has occurred substantial structure or environmental changes.
(Acts 1981, No. 81-409, p. 638, §12; Acts 1987, No. 87-563, p. 876. §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-222/
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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 8 - Fireworks.›Section 8-17-222 - Sale, etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Pers...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-222 - Sale, etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks.
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Section 8-17-222
Sale, etc., of fireworks to persons under 16 or intoxicated or irresponsible persons; display of identification by persons purchasing fireworks; acts constituting unlawful explosion or ignition of fireworks.
It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or to any intoxicated or irresponsible person. Any person purchasing fireworks shall be required to show a valid driver's license or state approved identification card. It shall be unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, any enclosed building, or within 200 feet of where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.
(Acts 1981, No. 81-409, p. 638, §13; Acts 1987, No. 87-563, p. 876, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-223/
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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 8 - Fireworks.›Section 8-17-223 - Applicability 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 8 - Fireworks. › Section 8-17-223 - Applicability of Article.
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Section 8-17-223
Applicability of article.
Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor as applying to the military or naval forces of the United States, or of this state or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events.
(Acts 1981, No. 81-409, p. 638, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-224/
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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 8 - Fireworks.›Section 8-17-224 - Penalty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-224 - Penalty.
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Section 8-17-224
Penalty.
Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100 or more than $1,000 or imprisoned for not less than 30 days, or more than, one year or both, in the discretion of the court. Any person convicted of manufacturing, shipping into, possessing, or selling any illegal fireworks described in Section 8-17-218 shall be guilty of a Class C felony and upon conviction shall be punished by a fine of not less than $500 nor more than $5,000 or imprisoned not less than one year and one day or more than 10 years, or both, in the discretion of the court.
(Acts 1981, No. 81-409, p. 638, §15; Acts 1987, No. 87-563, p. 876, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-225/
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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 8 - Fireworks.›Section 8-17-225 - Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-225 - Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks.
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Section 8-17-225
Authority of State Fire Marshal to seize and destroy illegal fireworks.
The State Fire Marshal shall seize as contraband any fireworks other than the permitted "Class C Consumer Fireworks" and related items defined in Section 8-17-217 or "special fireworks" for public displays as provided in Section 8-17-216, which are sold, displayed, used, or possessed in violation of this article. The State Fire Marshal may destroy any illegal fireworks so seized.
(Acts 1981, No. 81-409, p. 638, §16; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8/section-8-17-226/
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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 8 - Fireworks.›Section 8-17-226 - Effect of Article on Validity of City Ordinances.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-226 - Effect of Article on Validity of City Ordinances.
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Section 8-17-226
Effect of article on validity of city ordinances.
(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance with Section 11-45-9.1.
(b) A municipality may enact an ordinance further restricting the sale or use of sparkling devices or novelties. The State Fire Marshal shall keep a current listing of those municipalities that have enacted an ordinance further restricting the sale or use of sparkling devices or novelties. This subsection shall not affect any existing ordinance in a Class 1 municipality.
(c) Nothing in this section shall be construed to limit or restrict a municipality from including the revenue derived from the devices listed above from the gross receipts calculation used as the basis for a retailer's existing business license as provided in Section 11-51-90.
(Acts 1981, No. 81-409, p. 638, §17; Acts 1987, No. 87-563, p. 876, §8; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-230/
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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 8A - Pyrotechnic Displays.›Section 8-17-230 - 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 8A - Pyrotechnic Displays. › Section 8-17-230 - Definitions.
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Section 8-17-230
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance in the design and use of legal fireworks.
(2) ASSISTANT. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160.
(3) CO-LEAD. A person who works under the supervision of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160 and is in training to become a pyrotechnic display operator or pyrotechnic special effects operator, or both.
(4) CONSUMER FIREWORKS. Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission that are not being modified or used in any way other than as originally intended.
(5) DISPLAY FIREWORKS. Large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation as well as consumer fireworks devices that are being modified and used in a way other than as originally intended.
(6) FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by deflagration or detonation, that meets the definition of consumer fireworks or display fireworks as provided in NFPA 1123 or NFPA 1126.
(7) FIREWORKS DISPLAY. A presentation of fireworks for a public or private gathering.
(8) FLAME EFFECT. The combustion of solids, liquids, or gases utilizing atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience as defined by NFPA 160.
(9) LICENSE HOLDER. An individual employed by a company or organization, or self-employed, who holds a distributor permit in the state and whose employee is licensed as a pyrotechnic display operator or pyrotechnic special effects operator under this article and who is holding the license for a company or individual who is not licensed to conduct a fireworks display, proximate audience display, flame effect, or any other special effects.
(10) NATIONAL FIRE PROTECTION ASSOCIATION (NFPA). A United States trade association that creates and maintains private, copyrighted standards and codes for usage and adoption by local governments.
(11) NFPA 160. The National Fire Protection Association publication relating to standards for flame effects before an audience, as adopted by the State Fire Marshal.
(12) NFPA 1123. The National Fire Protection Association publication relating to a code for fireworks display, as adopted by the State Fire Marshal.
(13) NFPA 1126. The National Fire Protection Association publication relating to standards for the use of pyrotechnics before a proximate audience, as adopted by the State Fire Marshal.
(14) PROXIMATE AUDIENCE DISPLAY. A display in which the audience is closer to pyrotechnic devices than permitted by NFPA 1123.
(15) PYROTECHNIC DISPLAY OPERATOR. A person with overall responsibility for the operation and safety of a fireworks display in accordance with NFPA 1123 who is licensed under this article.
(16) PYROTECHNIC SPECIAL EFFECTS OPERATOR. A person who is responsible for pyrotechnic and special effects safety in accordance with NFPA 1126 and NFPA 160, who controls, initiates, or otherwise creates pyrotechnics and special effects, and is responsible for storing, setting up, and removing special effects, pyrotechnic materials, and devices after a performance.
(17) SUPERVISION. The direction and management of the activities of personnel in the safety, setup, handling, and display of an outdoor pyrotechnic display, a proximate audience display, a flame effect display, or any other use of pyrotechnics.
(Act 2018-464, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-231/
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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 8A - Pyrotechnic Displays.›Section 8-17-231 - Regulation and Licensing of Pyrotechnic Displays.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-231 - Regulation and Licensing of Pyrotechnic Displays.
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Section 8-17-231
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this article.
(b) A person may not provide a fireworks display without a pyrotechnic display operator license. An applicant for a pyrotechnic display operator license shall submit all of the following to the State Fire Marshal:
(1) Proof that the applicant is 21 years of age at the time of application.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances in active participation as a co-lead for at least six fireworks displays under the direct supervision of a competent licensed pyrotechnic display operator.
(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(5) An application fee of one hundred twenty dollars ($120).
(c) Each pyrotechnic display operator licensee requesting renewal of his or her license, shall submit proof of all of the following to the State Fire Marshal:
(1) Completion of an eight-hour continuing education training program approved by the State Fire Marshal for pyrotechnic display operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.
(2) Active participation as a pyrotechnic display operator in the safe performance of at least two fireworks displays within the two-year license period.
(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(4) A signed affidavit stating that the licensee has committed no felonies within the two-year license period.
(5) A renewal fee of one hundred twenty dollars ($120).
(d) A pyrotechnic display operator license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-232/
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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 8A - Pyrotechnic Displays.›Section 8-17-232 - Pyrotechnic Special Effects License.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-232 - Pyrotechnic Special Effects License.
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Section 8-17-232
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both, without a pyrotechnic special effects operator license. An applicant for a pyrotechnic special effects license shall submit all of the following to the State Fire Marshal:
(1) Proof that the applicant is at least 21 years of age at the time of application.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of active participation as a co-lead in the safe performance of at least six proximate audience displays or flame effects, or both, under the direct supervision of a competent licensed pyrotechnic special effects operator.
(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(5) An application fee of one hundred twenty dollars ($120).
(b) Each pyrotechnic special effects operator licensee requesting renewal of his or her license shall submit proof of all of the following to the State Fire Marshal:
(1) Completion of a 16-hour continuing education training program approved by the State Fire Marshal for pyrotechnic special effects operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.
(2) Active participation as a pyrotechnic special effects operator in the safe performance of at least two proximate audience displays or flame effects, or both, within the two-year license period.
(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(4) A signed affidavit stating that the licensee has committed no felonies in this state or another state within the two-year license period.
(5) A renewal fee of one hundred twenty dollars ($120).
(c) A pyrotechnic special effects operator license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-233/
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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 8A - Pyrotechnic Displays.›Section 8-17-233 - Reciprocity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-233 - Reciprocity.
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Section 8-17-233
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age and satisfy the requirements of subsection (b) or subsection (c).
(b) For a pyrotechnic display operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances as an operator for at least six fireworks displays.
(4) A copy of the license of the applicant issued by the other state.
(5) A reciprocal license fee of one hundred twenty dollars ($120).
(c) For a pyrotechnic special effects operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances as an operator for at least six proximate audience displays.
(4) A copy of the license of the applicant issued by the other state.
(5) A reciprocal license fee of one hundred twenty dollars ($120).
(d) A reciprocal license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-234/
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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 8A - Pyrotechnic Displays.›Section 8-17-234 - Use of Fireworks by Unlicensed Companies or Individuals.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-234 - Use of Fireworks by Unlicensed Companies or Individuals.
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Section 8-17-234
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state using fireworks shall first hire a licensed pyrotechnic display operator or a pyrotechnic special effects operator to act as license holder and shall comply with all other state and federal laws.
(b) This section shall not apply to a person who is conducting an uncompensated display using only consumer fireworks on private property.
(Act 2018-464, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-235/
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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 8A - Pyrotechnic Displays.›Section 8-17-235 - Use of Hazardous Explosive Materials for Entertainment Purposes.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-235 - Use of Hazardous Explosive Materials for Entertainment Purposes.
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Section 8-17-235
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior to use.
(Act 2018-464, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-236/
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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 8A - Pyrotechnic Displays.›Section 8-17-236 - Licensing of Certified Lead Technicians.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-236 - Licensing of Certified Lead Technicians.
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Section 8-17-236
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any person who is certified as a lead technician by the State Fire Marshal on or before June 1, 2018, may apply to the State Fire Marshal under this article for a pyrotechnic display operator license or a pyrotechnic special effects operator license. The application shall be submitted before midnight on December 31, 2019, and shall satisfy the requirements of subsection (b) or subsection (c), as applicable.
(b) For a pyrotechnic display operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of completion of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators.
(2) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(3) A completed affidavit or other documentation confirming that the applicant has no felony convictions in this state or another state.
(4) A completed license application packet.
(5) An application fee of one hundred twenty dollars ($120).
(c) For a pyrotechnic special effects operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of completion of 16-hour training program approved by the State Fire Marshal for pyrotechnic special effects operators.
(2) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(3) A completed affidavit or other documentation confirming that the applicant has no felony convictions.
(4) A completed license application packet.
(5) An application fee of one hundred twenty dollars ($120).
(Act 2018-464, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-237/
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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 8A - Pyrotechnic Displays.›Section 8-17-237 - Validity of License; Disposition of Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-237 - Validity of License; Disposition of Fees.
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Section 8-17-237
Validity of license; disposition of fees.
(a) A pyrotechnics display operator license or pyrotechnic special effects operator license issued under this article authorizes the holder to act pursuant to that license until the license is suspended, revoked, or not renewed. Upon the suspension or revocation of a license, or the failure to renew a license, the licensee shall return the license to the State Fire Marshal. Each license is valid for two years, unless suspended or revoked.
(b) All fees collected pursuant to this article shall be deposited in the State Treasury to the credit of the State Fire Marshal's Fund authorized in Section 36-19-31. The State Fire Marshal may expend monies from the State Fire Marshal's Fund for the administration and enforcement of this article.
(Act 2018-464, §8; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-238/
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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 8A - Pyrotechnic Displays.›Section 8-17-238 - Violations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-238 - Violations.
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Section 8-17-238
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor.
(Act 2018-464, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-8a/section-8-17-239/
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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 8A - Pyrotechnic Displays.›Section 8-17-239 - Construction 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 8A - Pyrotechnic Displays. › Section 8-17-239 - Construction of Article.
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Section 8-17-239
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
This article shall be read in pari materia with Article 8, commencing with Section 8-17-210, of Chapter 17, Title 8.
(Act 2018-464, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-240/
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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 9 - Explosives.›Section 8-17-240 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-240 - Short Title.
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Section 8-17-240
Short title.
This article shall be known and may be cited as the "Alabama Explosives Safety Act of 1993."
(Acts 1993, No. 93-713, p. 1391, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-241/
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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 9 - Explosives.›Section 8-17-241 - 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 9 - Explosives. › Section 8-17-241 - Definitions.
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Section 8-17-241
Definitions.
The following words and phrases used in this article shall have the following meanings:
(1) ACT. Alabama Explosives Safety Act of 1993.
(2) BLAST. The firing or detonating of explosives.
(3) BLASTER. A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office.
(4) BLASTING CONTRACTOR. A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations.
(5) BLASTING OPERATION. The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures.
(6) BLASTING PRIVILEGES. Blasting certification, blasting contractor licensing, and blasting permits.
(7) EXPLOSIVES. Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property.
(8) ISSUING AUTHORITY. A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article.
(9) LICENSE. An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations.
(10) OFFICE. The State Fire Marshal's Office.
(11) PERMIT. A municipal explosives use permit.
(12) SEISMOGRAPH. An instrument designed to measure and record the surface vibrations produced by blasting in three mutually perpendicular (transverse, vertical, and longitudinal) directions. The instrument may also have the capability of measuring and recording air blast over-pressure produced by blasting.
(Acts 1993, No. 93-713, p. 1391, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-242/
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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 9 - Explosives.›Section 8-17-242 - Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipmen...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-242 - Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment.
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Section 8-17-242
Rules and regulations; orders; employment of personnel and purchasing of equipment.
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. The rules and regulations adopted shall not be more stringent than those promulgated by federal law, rule, or regulation to control surface coal mining operations. The rules and regulations may apply to the state as a whole or may vary from area to area in order to take into account varying local conditions.
(b) The authority granted to the State Fire Marshal shall not extend to surface coal mining operations, which shall continue to be regulated by the Alabama Surface Mining Commission, pursuant to the Alabama Surface Mining Control and Reclamation Act [Chapter 16 (commencing with Section 9-16-2) of Title 9].
(c) The office may issue reasonable orders as necessary to implement the purposes of this act and to enforce this act through appropriate administrative and judicial proceedings.
(d) The office may employ personnel and consultants, purchase equipment and supplies, and lease or otherwise acquire property as may be reasonably necessary to perform its duties under this article.
(Acts 1993, No. 93-713, p. 1391, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-243/
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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 9 - Explosives.›Section 8-17-243 - Blaster Certification.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-243 - Blaster Certification.
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Section 8-17-243
Blaster certification.
(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has obtained certification from the office.
(b) The following persons are eligible for certification:
(1) Any person who is 21 years of age or older, with not less than two years' experience as a blaster in this state, may be certified without examination up to one year from October 1, 1993. The applicant shall furnish proof of experience satisfactory to the office.
(2) Any person engaged in any use of explosives regulated by this article on October 1, 1993, shall have one year after October 1, 1993, to obtain a blaster certification required under this article.
(3) After this article has been in effect for one year, any person who is 21 years of age or older with two or more years of experience as a blaster may be certified only by passing a written comprehensive examination given by the office relating to the use of explosives.
(4) Certifications may be granted by the office to any person holding a certification from another state, provided that the requirements for a certification in that state are equivalent to, or more stringent than, those of the State of Alabama, as determined by the State Fire Marshal.
(c) No person may detonate explosive materials or supervise the conduct of a blasting operation unless that person has obtained a certification card from the office.
(d) Each person certified shall pay a one hundred dollars ($100) fee to the office.
(e) Certification shall expire one year following the date of its issuance, or renewal, and shall become invalid unless renewed by payment of the certification fee.
(Acts 1993, No. 93-713, p. 1391, §4; Act 2003-378, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-244/
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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 9 - Explosives.›Section 8-17-244 - Refusing, Suspending, Revoking, or Failing to Renew Certification.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-244 - Refusing, Suspending, Revoking, or Failing to Renew Certification.
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Section 8-17-244
Refusing, suspending, revoking, or failing to renew certification.
(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification:
(1) Has violated this article or any other state or federal law relating to explosives, or has violated any regulation duly promulgated by the office.
(2) Has misrepresented or concealed any material fact in the application for a certificate, or identification card, or any document filed in support of those documents.
(3) Has permitted any employee of the person, either by direct instruction or by reasonable implication, to violate this article.
(4) Has been convicted by final judgment in any state or federal court of a felony.
(5) Has been terminated from employment due to possessing or being under the influence of intoxicants, or possessing or using illegal drugs.
(6) Has used explosives in an unsafe manner.
(b) Prior to the office refusing, suspending, revoking, or failing to renew a blaster certification card, the office shall notify the applicant or holder of a blaster certification card of the specific reason or reasons for the intended action. The applicant or holder of a blaster certification card shall have 10 days after receipt of the notice to respond to the office notice of proposed action by filing a written notification to the office and requesting a hearing before the office pursuant to the rules of the office.
(c) The office shall have 10 days after its receipt of the applicant's or the holder's response to either take the proposed action or issue the blaster certification card and notify the blaster of the decision. If the blaster disagrees with the action taken by the office, a hearing for the purpose of reconsidering the matter shall be set within 30 days of the action of the office.
(Acts 1993, No. 93-713, p. 1391, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-245/
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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 9 - Explosives.›Section 8-17-245 - Office May Reissue Certification Card.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-245 - Office May Reissue Certification Card.
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Section 8-17-245
Office may reissue certification card.
In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met.
(Acts 1993, No. 93-713, p. 1391, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-246/
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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 9 - Explosives.›Section 8-17-246 - Records to Be Maintained on Blasting Operations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-246 - Records to Be Maintained on Blasting Operations.
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Section 8-17-246
Records to be maintained on blasting operations.
(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office.
(b) It is unlawful for any person to make any false entry in any record required to be kept by this section.
(Acts 1993, No. 93-713, p. 1391, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-247/
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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 9 - Explosives.›Section 8-17-247 - Blasting Contractor License.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-247 - Blasting Contractor License.
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Section 8-17-247
Blasting contractor license.
(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasting contractor in this state shall make and file with the office a written application on a form prescribed by the office. The office shall have 30 days to investigate and review the application, and either issue or deny a license. A denial shall state the reasons why the license was not issued and what corrective action, if any, may be taken.
(b) The license shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the license fee.
(c) A fee of two thousand dollars ($2,000) shall be paid to the office by any person issued a license under this section.
(d) No person with a blaster certification card may conduct any blasting operations which require certification and licensure under this article unless the person has, or is employed by an employer who has a blasting contractor license.
(Acts 1993, No. 93-713, p. 1391, §8; Act 2003-378, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-248/
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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 9 - Explosives.›Section 8-17-248 - Municipal Explosives Use Permit.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-248 - Municipal Explosives Use Permit.
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Section 8-17-248
Municipal explosives use permit.
(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority for the municipal explosives use permit shall be the municipality within police jurisdiction of which the proposed blasting would take place. Copies of all permits shall be forwarded to the office.
(b) The issuing authority shall issue permits in accordance with this article and the rules and regulations promulgated by the office.
(c) Terms of the permit shall be effective for one year or at the termination of the commercial purpose, whichever occurs first, with the right of successive renewal upon expiration of the terms of the permit unless the permit has been suspended or revoked.
(d) The issuing authority shall collect a municipal explosives use permit fee of $25 to be paid by each applicant to cover the expense of the municipality for processing and issuing the municipal explosives use permit.
(e) No municipal explosives use permit shall be issued unless the applicant has liability insurance with a company licensed to do business as an insurer in this state in an amount not less than $500,000 with identical limits for explosion, collapse, and underground coverage to protect the public against property damage and personal injury. This insurance shall be continued in effect during the period of the permit.
(Acts 1993, No. 93-713, p. 1391, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-249/
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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 9 - Explosives.›Section 8-17-249 - Suspension or Revocation of Certification or License for Certain Actions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-249 - Suspension or Revocation of Certification or License for Certain Actions.
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Section 8-17-249
Suspension or revocation of certification or license for certain actions.
(a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud or deceit in obtaining a certification or license, or gross negligence, incompetence, or gross misconduct in the conduct of blasting activities. The office may file charges of fraud, deceit, negligence, incompetence, or misconduct against any licensed person or firm. The charges shall be made in writing and the charged party shall have at least 10 days notice of the date of a formal hearing. A time and place for the hearing shall be fixed by the office, and a copy of the charges, along with the notice of time and place of hearing, shall be legally served on the person at least 10 days prior to the date of the hearing. At the hearing, the accused shall have the right to produce evidence or witnesses in his or her defense. If, after the hearing, the State Fire Marshal finds the person in violation, the office shall suspend or revoke the certification or license. The accused shall have a right to appeal the hearing to the circuit court of the county of residence of the person pursuant to the laws of civil procedure.
(b) The office may reissue a license to any person whose license has been suspended or revoked, provided the person complies with this article, and the rules and regulations promulgated by the office.
(c) The issuing authority, upon a final and binding decision of the State Fire Marshal, may reissue certification to any person whose certification has been suspended or revoked, provided the person complies with this article and the rules and regulations promulgated by the office.
(Acts 1993, No. 93-713, p. 1391, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-250/
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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 9 - Explosives.›Section 8-17-250 - Variations From Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-250 - Variations From Requirements.
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Section 8-17-250
Variations from requirements.
(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations:
(1) Are reasonable and necessary.
(2) Will not hinder the effective administration of the article.
(3) Will not be contrary to any other applicable state or federal law.
(4) Will not cause injury to any person or damage to public or private property.
(5) Are ordered by a circuit or district court judge after a hearing upon the record of the finding of the office.
(b) The office shall establish a fee not to exceed $50 to be paid by each applicant requesting a variation.
(Acts 1993, No. 93-713, p. 1391, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-251/
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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 9 - Explosives.›Section 8-17-251 - Article Preempts Certain Ordinances and Regulations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-251 - Article Preempts Certain Ordinances and Regulations.
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Section 8-17-251
Article preempts certain ordinances and regulations.
This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating blasting or other use of explosives which was in effect on January 1, 1993, shall continue in effect. Any municipality with a more stringent ordinance or resolution relating to the use of explosives or on blasting activities in effect on January 1, 1993 is exempt from this article.
(Acts 1993, No. 93-713, p. 1391, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-252/
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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 9 - Explosives.›Section 8-17-252 - Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Ac...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-252 - Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief.
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Section 8-17-252
Inspection where reasonable belief of violation; notification; citation; civil action for relief.
(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or issuing authority shall conduct an inspection of the blasting operations and may order the permittee to monitor blast effects, with seismographic readings, unless the same information is available to the office or issuing authority as a result of a previous inspection.
(b) When, on the basis of an inspection by the office or issuing authority or seismic monitoring, it is determined by the office or issuing authority that any person is in violation of any requirements of this article, and the violation creates an imminent danger to the health, or safety of the public, or private property, the local issuing authority shall immediately notify the office of the violation. The office may immediately order a cessation of the blasting operation. The order shall remain in effect until the office determines that the condition, practice, or violation has been abated.
(c) When it is determined by the office that any person is in violation of any requirement of this article, and the violations can be reasonably expected to create a danger to the health or safety of the public or private property, the office may issue a citation to the person in violation. If, upon expiration of the period of time as originally fixed in the citation, the abatement of the violation has not been accomplished, the office may order a cessation of the blasting operation. Those orders shall remain in effect until modified, vacated, or terminated by the office or a competent court of law.
(d) Citations and orders issued under this section shall set forth with specific explanation the nature of the violation and the corrective action required. The citation or order shall be served or delivered promptly to the person in violation of this article.
(e) The office may institute a civil action for relief including a permanent or temporary injunction, restraining order, or any other appropriate relief in the circuit court for the county in which the blasting operation is located, whenever that person:
(1) Violates, fails, or refuses to comply with any reasonable order issued by the office under this article.
(2) Interferes with, hinders, or delays the office in carrying out this article.
(3) Refuses to permit entry to or inspection of the blasting operation by an authorized representative of the office.
(4) Refuses to furnish pertinent information required by the office under this article that is deemed necessary to implement this article. The court shall have jurisdiction to provide relief as may be appropriate.
(Acts 1993, No. 93-713, p. 1391, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-253/
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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 9 - Explosives.›Section 8-17-253 - Penalty for Violation of Act.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-253 - Penalty for Violation of Act.
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Section 8-17-253
Penalty for violation of act.
Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation.
(Acts 1993, No. 93-713, p. 1391, §14.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-254/
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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 9 - Explosives.›Section 8-17-254 - Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-254 - Exceptions.
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Section 8-17-254
Exceptions.
(a) Nothing contained in this article shall apply to:
(1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official capacities and in the performance of official duties.
(2) The possession and storage of black powder, percussion caps, safety and pyrotechnic fuses, matches and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms, or antique devices as defined in Section 921(a)(16) of Title 18 of the United States Code.
(3) The possession and storage of smokeless powder, primers used for reloading rifles, or pistol cartridges, shot shells, percussion caps, and smokeless propellants intended for personal use.
(4) Coal mining.
(5) Public utilities.
(6) Railroads.
(7) The use of explosives for occasional personal agricultural blasting or other noncommercial use of explosives.
(8) The use of explosives for blasting tree stumps for forest products production.
(9) The use of explosives for oil and gas exploration purposes.
(10) The occasional use of explosives in highway construction or maintenance.
(11) Persons engaged in the homebuilding industry, the home remodeling industry, or the plumbing industry, or any combination of these industries.
(Acts 1993, No. 93-713, p. 1391, §15.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-255/
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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 9 - Explosives.›Section 8-17-255 - Disposition of Funds.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-255 - Disposition of Funds.
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Section 8-17-255
Disposition of funds.
All sums received through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State Treasury and credited to the State Fire Marshal's Fund authorized by Section 36-19-31. This fund shall be available to the State Fire Marshal for the operation of the State Fire Marshal's Offices, including expenditure in the administration and enforcement of this article, Article 8, Article 8A, and Article 10, training, research programs, and to support fire safety and prevention programs. Provided, however, that no funds shall be withdrawn or expended except as budgeted and allocated according to Sections 41-4-80 to 41-4-96 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bills or other appropriations bills. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse or revert to the General Fund, but shall be carried forward for the purposes of this article until expended.
(Acts 1993, No. 93-713, p. 1391, §16; Act 2021-399, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-9/section-8-17-256/
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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 9 - Explosives.›Section 8-17-256 - Determining Compliance With 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 9 - Explosives. › Section 8-17-256 - Determining Compliance With Article.
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Section 8-17-256
Determining compliance with article.
In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance notice. Upon entry, the person or persons shall immediately notify the blaster in charge at the blasting operation of his or her presence so that appropriate safety instructions, if any, may be communicated, so that persons may comply with all applicable federal and state safety regulations pertaining to persons in or about a blasting operation.
(Acts 1993, No. 93-713, p. 1391, §17.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-270/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-270 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-270 - Short Title.
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Section 8-17-270
Short title.
This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act.
(Act 2009-630, p. 1927, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-271/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-271 - 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 10 - Cigarette Ignition Propensity Standards. › Section 8-17-271 - Definitions.
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Section 8-17-271
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) AGENT. Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes.
(2) CIGARETTE. Any of the following:
a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco.
b. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph a.
(3) MANUFACTURER. Any of the following:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.
b. Any entity that becomes a successor of an entity described in paragraph a.
(4) QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM. The laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program ensures that the testing repeatability remains within the required repeatability values stated in subdivision (6) of subsection (a) of Section 8-17-272 for all test trials used to certify cigarettes in accordance with this article.
(5) REPEATABILITY. The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
(6) RETAIL DEALER. Any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) SALE. Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.
(8) SELL. To sell or to offer or agree to do the same.
(9) WHOLESALE DEALER. Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.
(Act 2009-630, p. 1927, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-272/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-272 - Testing and Certification of Cigarettes.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-272 - Testing and Certification of Cigarettes.
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Section 8-17-272
Testing and certification of cigarettes.
(a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with Section 8-17-273, and the cigarettes have been marked in accordance with Section 8-17-274.
(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes.
(2) Testing shall be conducted on 10 layers of filter paper.
(3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.
(4) The performance standard required by this section shall only be applied to a complete test trial.
(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the State Fire Marshal.
(6) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.
(7) This section does not require additional testing if cigarettes are tested consistent with this article for any other purpose.
(8) Testing performed or sponsored by the State Fire Marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.
(b) Each cigarette listed in a certification submitted pursuant to Section 8-17-273 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.
(c) A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in subdivision (1) of subsection (a) shall propose a test method and performance standard for the cigarette to the State Fire Marshal. Upon approval of the proposed test method and a determination by the State Fire Marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subdivision (3) of subsection (a), the manufacturer may employ the test method and performance standard to certify the cigarette pursuant to Section 8-17-273. If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this article, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that state's law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this article. All other applicable requirements of this section shall apply to the manufacturer.
(d) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the 60th day that the manufacturer does not make the copies available.
(e) The State Fire Marshal may adopt a subsequent ASTM standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in subdivision (3) of subsection (a).
(f) The State Fire Marshal shall review the effectiveness of this section and report every three years to the Legislature the State Fire Marshal's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this article. The report and legislative recommendations shall be submitted no later than June 30th following the conclusion of each three-year period.
(g) The requirements of subsection (a) shall not prohibit any of the following:
(1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2010, and the wholesale or retail dealer can establish that the inventory was purchased prior to January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year.
(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term consumer testing shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment.
(h) This article shall be so interpreted and construed as to effectuate its general purpose to make uniform this article with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010.
(Act 2009-630, p. 1927, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-273/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-273 - Manufacturer to Submit Written Certification; Recertification; Fee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-273 - Manufacturer to Submit Written Certification; Recertification; Fee.
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Section 8-17-273
Manufacturer to submit written certification; recertification; fee.
(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following:
(1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272.
(2) Each cigarette listed in the certification meets the performance standard set forth in Section 8-17-272.
(b) Each cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol or chocolate, if applicable.
(6) Filter or non-filter.
(7) Package description, such as soft pack or box.
(8) Marking pursuant to Section 8-17-274.
(9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) The State Fire Marshal shall make the certifications available to the Attorney General for purposes consistent with this article and the Department of Revenue for the purposes of ensuring compliance with this section.
(d) Each cigarette certified under this section shall be recertified every three years.
(e) At the time a manufacturer submits a written certification under this section, the manufacturer shall pay to the State Fire Marshal a fee of one thousand dollars ($1,000) for each brand family of cigarettes identified in the certification. The fee paid shall apply to all cigarettes listed in the brand family identified in the certification and shall include any new cigarette certified within the brand family during the three-year certification period.
(f) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this article, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 8-17-272 and maintains records of that retesting as required by Section 8-17-272. Any altered cigarette which does not meet the performance standard set forth in Section 8-17-272 may not be sold in this state.
(Act 2009-630, p. 1927, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-274/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-274 - Fire Standards Compliant Marking.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-274 - Fire Standards Compliant Marking.
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Section 8-17-274
Fire Standards Compliant marking.
(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.
(b) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons, cases, and brands marketed by that manufacturer.
(c) Manufacturers certifying cigarettes in accordance with Section 8-17-273 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
(Act 2009-630, p. 1927, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-275/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-275 - Violations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-275 - Violations.
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Section 8-17-275
Violations.
(a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale provided that in no case shall the penalty against a person or entity for that violation exceed one hundred thousand dollars ($100,000) during any 30-day period.
(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Section 8-17-272 shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or offered for sale, provided that in no case shall the penalty against any retail dealer exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any 30-day period.
(c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 8-17-273 shall be subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification.
(d) Any person violating any other provision in this article shall be subject to a civil penalty for a first offense not to exceed one thousand dollars ($1,000), and for a subsequent offense subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
(e) Whenever any law enforcement personnel or duly authorized representative of the State Fire Marshal shall discover any cigarettes for which no certification has been filed as required by Section 8-17-273, or that have not been marked in the manner required by Section 8-17-274, such personnel is hereby authorized and empowered to seize and take possession of the cigarettes. Cigarettes seized pursuant to this section shall be destroyed, provided, however, that prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
(f) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this article, including petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this article, or to recover any costs or damages suffered by the state because of a violation of this article, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this article or rules adopted under this article constitutes a separate civil violation for which the State Fire Marshal or Attorney General may obtain relief. Upon obtaining judgment for injunctive relief under this section, the State Fire Marshal or Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to which the cigarette has been sold.
(Act 2009-630, p. 1927, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-276/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-276 - Promulgation of Rules; Inspections.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-276 - Promulgation of Rules; Inspections.
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Section 8-17-276
Promulgation of rules; inspections.
(a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article.
(b) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Section 40-2-11, may inspect the cigarettes to determine if the cigarettes are marked as required by Section 8-17-274. If the cigarettes are not marked as required, the Department of Revenue shall notify the State Fire Marshal.
(Act 2009-630, p. 1927, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-10/section-8-17-277/
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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 10 - Cigarette Ignition Propensity Standards.›Section 8-17-277 - Enforcement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 10 - Cigarette Ignition Propensity Standards. › Section 8-17-277 - Enforcement.
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Section 8-17-277
Enforcement.
To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this section.
(Act 2009-630, p. 1927, §8.)
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