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https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-274/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-274 - Application of Catfish Producers' Association for Certification and Approval to Co... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-274 - Application of Catfish Producers' Association for Certification and Approval to Conduct Referendum - Action by Board on Application. | Section 2-8-274
Application of catfish producers' association for certification and approval to conduct referendum - Action by board on application.
Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of catfish producers as provided in Section 2-8-273, the said board shall within 30 days thereafter meet and consider the application. If it is shown by the applicant to the satisfaction of the board that the applicant is fairly and substantially representative of the catfish producers of this state, and the board shall otherwise find and determine that such application is in conformity with the provisions and purposes of this article, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such association is duly authorized to conduct among the catfish producers of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article. In the event there is more than one pending application at any time, the board must decide between the pending applications based on the program proposed, the number and geographic distribution of catfish producer members in the applicant organization, the size, stability, potential effectiveness and fiscal soundness of the applicant organization and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant organization and its affiliates and the sentiment of catfish producers as ascertained by petitions, hearings and otherwise as may be determined by the board. No application shall be considered if an association holds currently valid certification.
(Acts 1987, No. 87-587, p. 961, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-275/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-275 - Authority of Certified Association to Conduct Referendum on Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-275 - Authority of Certified Association to Conduct Referendum on Assessment. | Section 2-8-275
Authority of certified association to conduct referendum on assessment.
Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-274, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama catfish producers a referendum wherein they shall be entitled to vote on the question of whether or not they shall levy upon themselves an assessment under and subject to and for the purpose stated in this article. The referendum shall be conducted on a statewide basis.
(Acts 1987, No. 87-587, p. 961, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-276/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-276 - Notice of Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-276 - Notice of Referendum. | Section 2-8-276
Notice of referendum.
When a referendum has been authorized as provided in Section 2-8-275, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of an established farm publication, and written notice thereof shall be given to each county extension coordinator in the area covered by the referendum.
(Acts 1987, No. 87-587, p. 961, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-277/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-277 - Conduct of Referendum; Payment of Expense. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-277 - Conduct of Referendum; Payment of Expense. | Section 2-8-277
Conduct of referendum; payment of expense.
Arrangements for and the management of any referendum conducted under provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessary ballots and arrange for the necessary poll holders. All expense and costs necessary to conduct such a referendum shall be borne by such association.
(Acts 1987, No. 87-587, p. 961, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-278/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-278 - Eligibility to Vote in Referendum; Question to Be Voted On. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-278 - Eligibility to Vote in Referendum; Question to Be Voted On. | Section 2-8-278
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding of such referendum. All producers of catfish who shall be subject to any assessments levied under the provisions of this article shall be entitled to vote in the referendum; provided, that only catfish producers who purchase catfish feed in this state in the year immediately preceding and not less than 30 days prior to this referendum shall be eligible to participate in this referendum. However, the certified association may request of the catfish producer such additional information as may be required to verify the eligibility of the producer to vote. Such data or information may include a certification from the county extension agent's office or the United States Soil Conservation Service office. In such referendum, individuals so eligible for participation therein shall vote upon the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1987, No. 87-587, p. 961, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-279/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-279 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-279 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations on Assessments. | Section 2-8-279
Majority vote required for approval of assessment; canvass of results; limitations on assessments.
If any referendum held under the provisions of this article a majority or more of the catfish producers eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in such referendum, then such assessment shall be levied and collected in the manner provided in this article. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate and publicly declare and announce the results thereof. The amount of the assessment levied upon the sale of catfish feed bought, sold or manufactured in the State of Alabama shall not exceed $5.00 per ton.
(Acts 1987, No. 87-587, p. 961, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-280/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-280 - Subsequent Referendums. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-280 - Subsequent Referendums. | Section 2-8-280
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from catfish producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to call another referendum for the purposes set forth in this article in any succeeding year on the question of an assessment and promotional program for the period authorized by this article; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible catfish producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association conducting such referendum shall have full power and authority to call and conduct during or after the last year of such period another referendum in which the catfish producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time as authorized under this article. Any subsequent referendums as authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
(Acts 1987, No. 87-587, p. 961, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-281/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-281 - Collection of Assessments; Deductions for Expenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-281 - Collection of Assessments; Deductions for Expenses. | Section 2-8-281
Collection of assessments; deductions for expenses.
In the event the required number of catfish producers approve by a referendum as provided in this article the levying of an assessment upon the sale of catfish feed for a promotional program, the Commissioner of Agriculture and Industries shall within 30 days, notify in writing every person licensed to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the date designated in the notice, which shall be not less than 30 nor more than 60 days after the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of the assessment shall be levied on the sale of catfish feed by all distributors of catfish feed or by their agents or representatives from the purchase price paid to the seller of the feed where the feed is purchased within the state. All assessments so levied shall be remitted to the Commissioner of Agriculture and Industries not later than the last day of January, April, July, and October of each year. The books and records of all such distributors of catfish feed shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his or her duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall deduct from all sums remitted to him or her under this section, to defray the expense incident to collection and administration of this article, an amount to be set by the Board of Agriculture and Industries, but the amount shall not exceed three percent of the sum remitted. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1987, No. 87-587, p. 961, §12; Acts 1993, No. 93-625, p. 1049, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-282/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-282 - Remission of Collections to Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-282 - Remission of Collections to Treasurer of Association. | Section 2-8-282
Remission of collections to treasurer of association.
The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him or her not later than the last day of January, April, July, and October of each year, less an amount not to exceed three percent of the total amount so collected, which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by the association for the promotional program in the manner provided by this article and the rules and regulations of the association.
(Acts 1987, No. 87-587, p. 961, §13; Acts 1993, No. 93-625, p. 1049, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-283/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-283 - Refund of Assessment to Purchaser of Catfish Feed. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-283 - Refund of Assessment to Purchaser of Catfish Feed. | Section 2-8-283
Refund of assessment to purchaser of catfish feed.
Any purchaser of catfish feed against which any assessment is made under authority of this article, if dissatisfied with said assessment, shall have the right to demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from such purchaser of catfish feed, if such demand for refund is made in writing within 30 days from the date on which such assessment was made on the sale price of catfish feed. Applications for refunds of amounts deducted from the sale price of any catfish feed sold must give the name and address of the distributor of catfish feed who sold the feed, date of purchase, invoice number, if any and the number of tons purchased from him for which the assessment was made. Within 30 days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries, and thereafter within 30 days after receipt of such application, the certified association shall, after such association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of such assessment, payable to purchaser, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1987, No. 87-587, p. 961, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-284/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-284 - Exempt Sales. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-284 - Exempt Sales. | Section 2-8-284
Exempt sales.
The provisions of this article shall not apply to occasional sales between producers.
(Acts 1987, No. 87-587, p. 961, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-285/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-285 - Bond of Treasurer of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-285 - Bond of Treasurer of Association. | Section 2-8-285
Bond of treasurer of association.
Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions of this article, the treasurer of said organization shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated quarterly receipts but not more than the estimated annual total amount of the assessment handled by such officer. The surety on said bond shall be a corporate surety company duly qualified and licensed to do business in Alabama, and said bond shall be conditioned upon the faithful handling, proper accounting and properly authorized expenditure of all funds received and disbursed by the principal named in said bond.
(Acts 1987, No. 87-587, p. 961, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-286/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-286 - Expenditure of Assessments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-286 - Expenditure of Assessments. | Section 2-8-286
Expenditure of assessments.
The funds derived from any assessments levied upon the sale of catfish feed as authorized under this article shall be used and expended by the certified association, after such funds are remitted to it by the Commissioner of Agriculture and Industries, for the purpose of promoting and stimulating by advertising and other methods the increased use and sale of catfish and catfish products, and such funds may also be used for the financing or contributing toward the financing of research, experimental and educational programs for the efficient and economical production, distribution, processing and marketing of catfish and catfish products. The certified association may enter into cooperative agreements with appropriate agencies of any public or private institution or organization, and funds derived from assessments, to the extent agreed upon, may be contributed to such public or private institution or agency for such research, experimental and educational work performed pursuant to such an agreement. The certified association may also formulate and establish a plan for advertising and sales promotion and, to carry out such a promotional program, agreements may be entered into with advertising and public relations agencies or similar organizations. All funds expended under this article shall be expended for purposes consistent with and in keeping with the purpose or purposes of this article. Any funds expended by the certified association inconsistent with such purposes and provisions shall be deemed an unauthorized expenditure of such funds. Any funds approved for expenditure under this article for a promotional program as authorized under this article are hereby appropriated for disbursement and expenditure by said certified association to carry out any such approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures nor shall such disbursements or expenditures be subject to the budget and allotment requirements of Article 4 of Chapter 4 of Title 41, and such disbursements and expenditures shall not be restricted or subject to any other requirements for general or special appropriations. The payment of salaries, purchase of equipment and payment of other expenses necessary to carry out the provisions, requirements and purposes of this article shall be deemed authorized expenditures from funds received from assessments levied under this article.
(Acts 1987, No. 87-587, p. 961, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-287/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-287 - Joint Programs With Other States. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-287 - Joint Programs With Other States. | Section 2-8-287
Joint programs with other states.
Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such associations, commissions or other agencies in other states, and such certified association shall be authorized to contribute a proportionate share of the cost and expense necessary for such a program.
(Acts 1987, No. 87-587, p. 961, §18.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-288/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-288 - Annual Audit of Association; Examination by Department of Examiners of Public Acco... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-288 - Annual Audit of Association; Examination by Department of Examiners of Public Accounts; Publication of Statement. | Section 2-8-288
Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement.
The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years, cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other information related thereto, and a copy thereof shall be forwarded to the State Board of Agriculture and Industries for inspection and review. The Department of Examiners of Public Accounts may audit, review, and otherwise investigate the receipts and disbursements of the funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. An examination or audit required by this section and submitted to the State Board of Agriculture and Industries shall be open to public inspection. Within 90 days following the close of a certified association's fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Acts 1987, No. 87-587, p. 961, §19; Act 2010-257, p. 448, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-289/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-289 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-289 - Rules and Regulations. | Section 2-8-289
Rules and regulations.
The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article, which shall include rules and regulations governing the holding of referendums as adopted by the certified association, rules and regulations governing the collection, deposit, handling, withdrawal and disbursements of assessments collected under this article and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article. The certified association authorized to conduct a promotional program as authorized under this article shall have a right to recommend such rules and regulations to the State Board of Agriculture and Industries; and, upon receipt of such recommended rules and regulations, said board shall meet within a period of not more than 90 days to consider their adoption. The certified association shall be given at least 10 days' notice in writing of any such meetings.
(Acts 1987, No. 87-587, p. 961, §20.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-290/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-290 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-290 - Enforcement Duties of Commissioner; Revocation of Certification of Association. | Section 2-8-290
Enforcement duties of commissioner; revocation of certification of association.
It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and collect the assessment charges levied upon the sale of agricultural supplies under the provisions of this article and to enforce the rules and regulations of the State Board of Agriculture and Industries relative thereto. The State Board of Agriculture and Industries shall have authority at any time to revoke or cancel any approval or certification of an association in the event it finds that such association is not carrying out its promotional program in accordance with the provisions of this article and rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the State Board of Agriculture and Industries upon the question of whether its certification should be revoked.
(Acts 1987, No. 87-587, p. 961, §21.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-8/section-2-8-291/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 8 - Catfish Industry.›Section 2-8-291 - Penalty for Failure to Deduct and Pay Over Assessment; Inspection of Books and Rec... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-291 - Penalty for Failure to Deduct and Pay Over Assessment; Inspection of Books and Records; Injunctions. | Section 2-8-291
Penalty for failure to deduct and pay over assessment; inspection of books and records; injunctions.
(a) Any dealer, handler, processor, buyers or other distributors of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty provided by law, shall be fined in an amount equal to three times the amount of the assessment he failed or refused to collect and remit as required under this article. Any distributor of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect and review his books and records which disclose his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the accuracy of amounts deducted and remitted as required under this article shall also be guilty of a misdemeanor. The amount of any fine under this article shall be remitted to the Commissioner of Agriculture and Industries and shall be forthwith transferred by the commissioner to the account of the certified association entitled thereto.
(b) In addition to the above penalty, the circuit court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both, restraining and enjoining any person from distributing and manufacturing catfish feed in Alabama in violation of the provisions of this article. Petitions for injunctive relief as authorized under this subsection shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court in the county of residence of the person who distributes or manufactures catfish feed in violation of the provisions of this article or in the county where such violation occurs. Any temporary restraining order or permanent injunction issued under this subsection shall be issued without a bond.
(Acts 1987, No. 87-587, p. 961, §22.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-310/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-310 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-310 - Definitions. | Section 2-8-310
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries.
(3) SHEEP and GOAT. One of a variety of small ruminants.
(4) SHEEP OR GOAT PRODUCER. Any person residing in Alabama, any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in sheep or goats located in Alabama.
(Act 2002-523, p. 1364, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-311/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-311 - Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-311 - Purpose. | Section 2-8-311
Purpose.
It is hereby declared to be in the interest of the public welfare that sheep and goat producers are encouraged to act jointly and in cooperation with sheep and goat industry-related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep or goats and their products. It is further the intent and purpose of this article to provide a method and procedure for financing a promotional program for the sheep and goat industry pursuant to powers conferred upon the Legislature by Amendment No. 715 to the Constitution of Alabama of 1901.
(Act 2002-523, p. 1364, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-312/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-312 - Association, Meeting, or Activity Not Illegal. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-312 - Association, Meeting, or Activity Not Illegal. | Section 2-8-312
Association, meeting, or activity not illegal.
No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama sheep and goat industry shall be deemed or considered illegal or in restraint of trade.
(Act 2002-523, p. 1364, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-313/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-313 - Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-313 - Assessment. | Section 2-8-313
Assessment.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that sheep and goat producers be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provide for the collection of the assessment for the financing of a program for research, education, advertising, and other methods designed to increase or promote the efficient and economical production, distribution, and marketing, as well as the increased use, consumption, and sale, of sheep and goats and their products.
(Act 2002-523, p. 1364, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-314/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-314 - Nonprofit Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-314 - Nonprofit Association. | Section 2-8-314
Nonprofit association.
(a) Any Alabama nonprofit association of sheep and goat producers organized for the promotion and betterment of the sheep and goat industry may apply to the board for certification and approval for the purpose of conducting a referendum among sheep and goat producers of the state, on the question of levying an assessment and collecting, expending, and utilizing the assessment for the purpose or purposes authorized under this article and as stated in the referendum. Any nonprofit association approved or certified by the board may execute or carry out a promotional program pursuant to this article.
(b) Upon any nonprofit association of sheep and goat producers filing an application with the board, the board shall, within 30 days thereafter, meet and consider the application. If the board is satisfied that the applicant is fairly representative of the sheep and goat producers of the state, and the board finds and determines that the application is in conformity with the provisions and purposes of this article, the board shall certify the association as a duly delegated and authorized association and shall certify that the association may conduct among the sheep and goat producers of the state a referendum for the purpose set forth in its application.
(Act 2002-523, p. 1364, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-315/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-315 - Referendum - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-315 - Referendum - Generally. | Section 2-8-315
Referendum - Generally.
(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama sheep and goat producers a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide or area basis as determined by the certified association.
(b) The certified association, not less than 30 days before the date of any referendum, shall publicly announce the date, hours, polling places, and rules for voting in the referendum, the geographic areas covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected, and the general purposes for which the amount collected shall be expended and applied. The notice shall be published by the certified association in its trade publication and written notice shall be given to each county agent in the geographic area covered by the referendum.
(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All sheep and goat producers in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
(Act 2002-523, p. 1364, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-316/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-316 - Referendum - Voting. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-316 - Referendum - Voting. | Section 2-8-316
Referendum - Voting.
(a) If, in any referendum, a majority of the sheep and goat producers of the geographic area in which the referendum is conducted and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied and collected in the manner provided in this article. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate, and publicly declare and announce the results of the referendum.
(b) In the event a referendum fails to receive the required number of affirmative votes, then the certified association conducting the referendum may call another referendum in the next succeeding year on the question of an assessment and promotional program for a five-year period except that no referendum may be held within 12 months from the date on which the last referendum was held.
(c) In the event a referendum is passed and assessments are levied for the period set forth in the call for the referendum, the association conducting the referendum may call and conduct during or after the last year of the assessment period another referendum in which the sheep and goat producers may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendum authorized in this section shall be subject to all of the requirements of an original referendum conducted under this article.
(Act 2002-523, p. 1364, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-317/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-317 - Referendum - Levy of Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-317 - Referendum - Levy of Assessment. | Section 2-8-317
Referendum - Levy of assessment.
In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing stockyards and small ruminant selling points that on or after the date designated in the notice, which may not be less than 30 nor more than 60 days after the mailing of the notice by the commissioner, the amount of the assessment shall be fifty cents ($.50) per sheep or goat and shall be deducted from all sales. On or before the tenth day of each calendar month, all assessments so deducted by sellers shall be remitted to the commissioner, less two percent of the total assessment deducted, which may be retained by the livestock broker to compensate him or her for the expense of collecting and remitting the assessments. The books and records of all stockyards shall at all times during regular business hours be open for inspection by the commissioner or his or her duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The commissioner may deduct two percent of all sums remitted to him or her under this section to defray the expenses incident to collection and administration of this article. All amounts deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Act 2002-523, p. 1364, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-318/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-318 - Assessment Moneys Collected - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-318 - Assessment Moneys Collected - Generally. | Section 2-8-318
Assessment moneys collected - Generally.
The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of the total amount collected, which amount shall be deposited into the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this article and the rules and regulations of the association.
(Act 2002-523, p. 1364, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-319/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-319 - Assessment Moneys Collected - Refunds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-319 - Assessment Moneys Collected - Refunds. | Section 2-8-319
Assessment moneys collected - Refunds.
Any sheep or goat producer against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the sheep or goat producer. A demand for refund must be made in writing within 30 days from the date on which the assessment is collected by the commissioner. The application for refunds of amounts collected shall give the name and address of the producer. Within 30 days after the first quarterly receipt of funds from the commissioner, and thereafter within 30 days after receipt of an application for a refund, the certified association shall, after the association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of the assessment, payable to the sheep or goat producer, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Act 2002-523, p. 1364, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-320/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-320 - Duty of Treasurer Before Money Remitted. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-320 - Duty of Treasurer Before Money Remitted. | Section 2-8-320
Duty of treasurer before money remitted.
Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated annual total amount of the assessments handled by the treasurer. The surety on the bond shall be a corporate surety company duly qualified and licensed to do business in the state, and the bond shall be conditioned upon the faithful handling, proper accounting, and properly authorized expenditure of all funds received and disbursed by the principal named in the bond.
(Act 2002-523, p. 1364, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-321/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-321 - Use of Funds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-321 - Use of Funds. | Section 2-8-321
Use of funds.
The funds derived from any assessments levied upon the sale of sheep and goats shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of sheep or goats and the consumption and use of sheep or goat products. Any funds expended by the certified association not authorized for a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of the funds. Any funds approved for expenditure by a certified association for an approved promotional program for the sheep and goat industry are hereby appropriated for disbursement and expenditure by the certified association to carry out any approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for any disbursements or expenditures nor shall any disbursements or expenditures be subject to the budget and allotment requirements of Article 4 of Chapter 4 of Title 41, and disbursements and expenditures may not be restricted or subject to any other requirements for general or special appropriations.
(Act 2002-523, p. 1364, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-322/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-322 - Certified Association - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-322 - Certified Association - Generally. | Section 2-8-322
Certified association - Generally.
A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar sheep or goat industry promotional program jointly with the associations, commissions, or other agencies in other states, and the certified association may contribute a proportionate share of the cost and expenses necessary for the program.
(Act 2002-523, p. 1364, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-323/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-323 - Certified Association - Audit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-323 - Certified Association - Audit. | Section 2-8-323
Certified association - Audit.
A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information, and a copy of the auditor's report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements of the funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. Any examination or audit required by this section shall be open to public inspection. Within 90 days following the close of a certified association's fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Act 2002-523, p. 1364, §14; Act 2010-257, p. 448, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-324/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-324 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-324 - Rules and Regulations. | Section 2-8-324
Rules and regulations.
The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of assessments collected, and any other reasonable rules and regulations as may be necessary to effectuate the intent and purposes of this article.
(Act 2002-523, p. 1364, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-325/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-325 - Enforcement and Collection of Assessments; Revocation of Certification. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-325 - Enforcement and Collection of Assessments; Revocation of Certification. | Section 2-8-325
Enforcement and collection of assessments; revocation of certification.
The commissioner, through the Department of Agriculture and Industries, shall enforce and collect the assessments levied upon sellers of the sheep or goat producers and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with this article and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
(Act 2002-523, p. 1364, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-9/section-2-8-326/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 9 - Sheep and Goat Industry.›Section 2-8-326 - Violations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 9 - Sheep and Goat Industry. › Section 2-8-326 - Violations. | Section 2-8-326
Violations.
Any individual, stockyard, or broker who sells sheep or goats in the state who willfully fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount of the assessment the individual, stockyard, or livestock broker failed or refused to collect and remit as required under this article. The amount of any fine shall be remitted to the commissioner and shall be transferred by the commissioner to the account of the certified association entitled to the assessment.
(Act 2002-523, p. 1364, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-350/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-350 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-350 - Definitions. | Section 2-8-350
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries.
(3) DEPARTMENT. The Department of Agriculture and Industries.
(Act 2004-301, p. 427, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-351/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-351 - Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-351 - Purpose. | Section 2-8-351
Purpose.
It is hereby declared to be in the interest of the public welfare that shrimpers and seafood fishermen are encouraged to act singularly or jointly in cooperation with shrimp and seafood related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of shrimp and seafood and their products. It is further the intent and purpose of this article to provide a method and procedure for financing a promotional program for the shrimp and seafood industry pursuant to powers conferred upon the Legislature by Amendment ______ to the Constitution of Alabama of 1901.
(Act 2004-301, p. 427, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-352/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-352 - Legality of Association, Meeting, or Activity Under Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-352 - Legality of Association, Meeting, or Activity Under Article. | Section 2-8-352
Legality of association, meeting, or activity under article.
No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama shrimp and seafood industry shall be deemed or considered illegal or in restraint of trade.
(Act 2004-301, p. 427, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-353/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-353 - Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-353 - Assessment. | Section 2-8-353
Assessment.
It is further declared to be in the public interest and highly advantageous to the economy of the state that shrimpers and seafood fishermen, either singularly or jointly, be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provide for the collection of the assessment for the financing of a program for research, education, advertising, and other methods designed to increase or promote the efficient and economical production, distribution, and marketing as well as the increased use, consumption, and sale of shrimp and seafood.
(Act 2004-301, p. 427, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-354/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-354 - Nonprofit Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-354 - Nonprofit Association. | Section 2-8-354
Nonprofit association.
(a) Any Alabama nonprofit association of shrimpers and seafood fishermen organized for the promotion and betterment of the shrimp and seafood industry may apply to the board for certification and approval, for the purpose of conducting a referendum among shrimpers and seafood fishermen of the state, on the question of levying an assessment and collecting, expending, and utilizing the assessment for the purpose or purposes authorized under this article and as stated in the referendum. Any nonprofit association who substantially or fairly represents shrimpers and seafood fishermen and who is approved or certified by the board may execute or carry out a promotional program pursuant to this article.
(b) Upon any nonprofit association of shrimpers and seafood fishermen filing an application with the board, the board, within 30 days thereafter, shall meet and consider the application. If the board is satisfied that the applicant is fairly representative of the shrimp and seafood fishermen of the state, and the board finds and determines that the application is in conformity with this article, the board shall certify the association as a duly delegated and authorized association and shall certify that the association may conduct among the shrimpers and seafood fishermen, either singularly or jointly, of the state a referendum for the purpose set forth in its application.
(Act 2004-301, p. 427, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-355/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-355 - Referendum - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-355 - Referendum - Generally. | Section 2-8-355
Referendum - Generally.
(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama shrimpers and seafood fishermen, either singularly or jointly, a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide or area basis as determined by the certified association.
(b) The certified association, not less than 30 days before the date of any referendum, shall publicly announce the date, hours, polling places, and rules for voting in the referendum, the geographic areas covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected, and the general purposes for which the amount collected shall be expended and applied. The notice shall be published by the certified association in its trade publication and written notice shall be given to each county agent in the geographic area covered by the referendum.
(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All commercial shrimp boat owners and commercial seafood fishermen licensed and authorized to do business in the state in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
(Act 2004-301, p. 427, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-356/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-356 - Referendum - Voting. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-356 - Referendum - Voting. | Section 2-8-356
Referendum - Voting.
(a) If, in any referendum, a majority of the commercial shrimp boat owners and commercial fishermen licensed and authorized to do business in the state in the geographic area in which the referendum is conducted, and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied and collected in the manner provided in this article. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate, and publicly declare and announce the results of the referendum.
(b) In the event a referendum fails to receive the required number of affirmative votes, then the certified association conducting the referendum may call another referendum in the next succeeding year on the question of an assessment and promotional program for shrimpers and seafood fishermen, either singularly or jointly, for a five-year period except that no referendum may be held within 12 months from the date on which the last referendum was held.
(c) In the event a referendum is passed and assessments are levied for the period set forth in the call for the referendum, the association conducting the referendum may call and conduct, during or after the last year of the assessment period, another referendum in which the commercial shrimp boat owners and seafood fishermen licensed and authorized to do business in the state, either singularly or jointly, may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendum authorized in this section shall be subject to all of the requirements of an original referendum conducted under this article.
(Act 2004-301, p. 427, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-357/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-357 - Referendum - Levy of Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-357 - Referendum - Levy of Assessment. | Section 2-8-357
Referendum - Levy of assessment.
In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing all businesses where shrimp and seafood are sold to the public at the first point of sale by commercial shrimp boat owners and commercial seafood fishermen licensed and authorized to do business in the state that, on or after the date designated in the notice, which may not be less than 30 nor more than 60 days after the mailing of the notice by the commissioner, the amount of the assessment which shall not exceed two cents ($.02) per pound of shrimp or other seafood as established by joint resolution of the Legislature and shall be deducted from all sales, or shall not exceed five cents ($.05) per gallon of diesel fuel purchased for use in any commercial shrimp boat licensed to do business in this state. On or before the tenth day of each calendar month, all assessments so deducted by sellers shall be remitted to the commissioner, less two percent of the total assessment deducted, which may be retained by the commissioner to compensate him or her for the expense of collecting and remitting the assessments. The books and records shall at all times during regular business hours be open for inspection by the commissioner or his or her duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The commissioner may deduct two percent of all sums remitted to him or her under this section to defray the expenses incident to collection and administration of this article. All amounts deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Act 2004-301, p. 427, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-358/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-358 - Assessment Moneys Collected - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-358 - Assessment Moneys Collected - Generally. | Section 2-8-358
Assessment moneys collected - Generally.
The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of the total amount collected, which amount shall be deposited into the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this article and the rules and regulations of the association.
(Act 2004-301, p. 427, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-359/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-359 - Assessment Moneys Collected - Refunds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-359 - Assessment Moneys Collected - Refunds. | Section 2-8-359
Assessment moneys collected - Refunds.
Any shrimper or seafood fisherman against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the shrimper or seafood fisherman. A demand for refund must be made in writing within 30 days from the date on which the assessment is collected by the commissioner. The application for refunds of amounts collected shall give the name and address of the shrimper or seafood fisherman. Within 30 days after the first quarterly receipt of funds from the commissioner, and thereafter within 30 days after receipt of an application for a refund, the certified association shall, after the association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of the assessment, payable to the shrimper or seafood fisherman, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Act 2004-301, p. 427, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-360/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-360 - Duty of Treasurer Before Money Remitted. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-360 - Duty of Treasurer Before Money Remitted. | Section 2-8-360
Duty of treasurer before money remitted.
Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated annual total amount of the assessments handled by the treasurer. The surety on the bond shall be a corporate surety company duly qualified and licensed to do business in the state, and the bond shall be conditioned upon the faithful handling, proper accounting, and properly authorized expenditure of all funds received and disbursed by the principal named in the bond.
(Act 2004-301, p. 427, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-361/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-361 - Use of Funds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-361 - Use of Funds. | Section 2-8-361
Use of funds.
The funds derived from any assessments levied pursuant to this article shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of shrimp and seafood and the consumption and use of shrimp and seafood products. Any funds expended by the certified association not authorized for a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of the funds. Any funds approved for expenditure by a certified association for an approved promotional program for the shrimp and seafood industry are hereby appropriated for disbursement and expenditure by the certified association to carry out any approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for any disbursements or expenditures be subject to the budget and allotment requirements of Article 4, Chapter 4, Title 41, and disbursements and expenditures may not be restricted or subject to any other requirements for general or special appropriations.
(Act 2004-301, p. 427, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-362/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-362 - Certified Association - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-362 - Certified Association - Generally. | Section 2-8-362
Certified association - Generally.
A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar shrimp and seafood industry promotional program jointly with the associations, commissions, or other agencies in other states, and the certified association may contribute a proportionate share of the cost and expenses necessary for the program.
(Act 2004-301, p. 425, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-363/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-363 - Certified Association - Audit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-363 - Certified Association - Audit. | Section 2-8-363
Certified association - Audit.
A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information, and a copy of the auditor's report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements of the funds in the same manner that those duties are performed for the examination and audits of agencies and departments of the state. Any examination or audit required by this section shall be open to public inspection. Within 90 days following the close of a certified association fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Act 2004-301, p. 427, §14; Act 2010-257, p. 448, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-364/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-364 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-364 - Rules and Regulations. | Section 2-8-364
Rules and regulations.
The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of assessments collected, and any other reasonable rules and regulations as may be necessary to effectuate the intent and purposes of this article.
(Act 2004-301, p. 427, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-365/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-365 - Enforcement and Collection of Assessments; Revocation of Certification. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-365 - Enforcement and Collection of Assessments; Revocation of Certification. | Section 2-8-365
Enforcement and collection of assessments; revocation of certification.
The commissioner, through the department, shall enforce and collect the assessment levied upon shrimpers and seafood fishermen and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with this article and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
(Act 2004-301, p. 427, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-10/section-2-8-366/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 10 - Shrimp and Seafood.›Section 2-8-366 - Violations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-366 - Violations. | Section 2-8-366
Violations.
Any individual who sells shrimp or seafood in the state who willfully fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount of the assessment the individual failed or refused to collect and remit as required under this article. The amount of any fine shall be remitted to the commissioner and shall be transferred by the commissioner to the account of the certified association entitled to the assessment.
(Act 2004-301, p. 427, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-11/section-2-8-380/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 11 - Alabama Industrial Hemp Research Program.›Section 2-8-380 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-380 - Short Title. | Section 2-8-380
Short title.
This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act.
(Act 2016-293, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-11/section-2-8-381/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 11 - Alabama Industrial Hemp Research Program.›Section 2-8-381 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-381 - Definitions. | Section 2-8-381
Definitions.
As used in this article the following words shall have the following meanings:
(1) DEPARTMENT. The Department of Agriculture and Industries.
(2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower or otherwise in accordance with the state's USDA-approved regulatory plan, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (14) of Section 20-2-2.
(5) INSTITUTION OF HIGHER EDUCATION. A postsecondary institution, as defined in 20 U.S.C.S. 1001(a), that offers a major course of study in agriculture issues.
(Act 2016-293, p. 730, §2; Act 2019-502, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-11/section-2-8-382/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 11 - Alabama Industrial Hemp Research Program.›Section 2-8-382 - Purposes; Programs; Legislative Findings. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-382 - Purposes; Programs; Legislative Findings. | Section 2-8-382
Purposes; programs; legislative findings.
(a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the forefront of industrial hemp production, development, and commercialization of hemp products in agribusiness, and other business sectors, both nationally and globally and to the greatest extent possible. These purposes may be accomplished, in part, through all of the following:
(1) An industrial hemp research program overseen by the department, working exclusively or in conjunction with other research partners. This research program may include the planting, cultivation, and analysis of industrial hemp demonstration plots by selected growers that are licensed by the department pursuant to this article.
(2) An institution of higher education's program to conduct industrial hemp research.
(3) The pursuit by the department or an institution of higher education of any federal permits or waivers necessary to allow industrial hemp to be grown in Alabama.
(b) The Legislature hereby finds and declares that the authority granted in this article and the purposes accomplished hereby are proper governmental and public purposes, and that the development of industrial hemp production and commercial markets for hemp products within the state is important to the economic well-being of the state.
(Act 2016-293, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-8/article-11/section-2-8-383/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 8 - Promotion of Agricultural Industries and Products.›Article 11 - Alabama Industrial Hemp Research Program.›Section 2-8-383 - Rulemaking Authority; Disposition of Funds; Powers and Duties of Department. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-383 - Rulemaking Authority; Disposition of Funds; Powers and Duties of Department. | Section 2-8-383
Rulemaking authority; disposition of funds; powers and duties of department.
(a) The department may adopt rules in accordance with the Alabama Administrative Procedure Act, as necessary to administer an industrial hemp research program and to license growers to grow industrial hemp pursuant to this article, including rules establishing reasonable fees for licenses, permits, or other necessary expenses to defray the cost of implementing and operating the industrial hemp research program in this state on an ongoing basis. All revenue collected pursuant to rules adopted for the industrial hemp research under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) The department or an institution of higher education may pursue any permits or waivers from the United States Drug Enforcement Administration or appropriate federal agency that are necessary for the advancement of the industrial hemp research program.
(c) The department and institutions of higher education may cooperate and work jointly toward implementing an industrial hemp research program.
(d) The department or the institution of higher education shall coordinate the implementation of this article with other state agencies or departments, as needed, to protect public safety, diversify the agricultural economy of the state, attract new businesses to the state, create new job opportunities for Alabama residents, and create a commercial market for industrial hemp.
(e) In accordance with the Agricultural Marketing Act of 1946, the department, in consultation with the Governor and Attorney General, shall develop a plan under which the state monitors and regulates the production of hemp. The plan shall be submitted to the United States Secretary of Agriculture for approval.
(Act 2016-293, p. 730, §4; Act 2019-502, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-1 - Source of Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-1 - Source of Fund. | Section 2-9-1
Source of fund.
Wherever provision is made in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the collection of any fee or license or the imposition of any fine or penalty for the violation of any provision of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce without providing for the disposition of the proceeds derived therefrom, such proceeds shall accrue to the Agricultural Fund. The Agricultural Fund shall include all funds available from every source for the administration, enforcement or making effective the purposes of the provisions of the laws included in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce. All such funds shall be paid into the State Treasury and be kept intact, liquid and in trust, subject only to the requisitions of the Department of Agriculture and Industries, and shall not be subject to any allotment or proration of appropriations for the benefit of any other department, institution or other state agency or for any other purposes or for use in any manner other than as provided in Section 2-9-4.
(Ag. Code 1927, §484; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §31.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-2 - Proceeding Against Persons Delinquent in Payment of License or Permit Fee. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-2 - Proceeding Against Persons Delinquent in Payment of License or Permit Fee. | Section 2-9-2
Proceeding against persons delinquent in payment of license or permit fee.
When any person has been delinquent for 30 days or more in the payment of any license or permit fee levied under the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is directed or authorized to administer or enforce, he shall be deemed to be delinquent and shall, upon the demand of a license inspector in his county or upon demand of an inspector of the Department of Agriculture and Industries, be required to immediately make application for such permit or license and shall pay to such license inspector or inspector of the Department of Agriculture and Industries a fee of 15 percent of the amount of said permit or license in addition to the price of such permit or license. Such license inspector or inspector of such department shall immediately forward such application with the money therefor to the Department of Agriculture and Industries. Such license inspector may retain the delinquent fee of 15 percent, but inspectors of the department shall pay into the department such delinquent fee along with the regular permit or license fee.
(Ag. Code 1927, §486; Code 1940, T. 2, §32.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-3 - Purpose for Which Agricultural Fund May Be Expended. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-3 - Purpose for Which Agricultural Fund May Be Expended. | Section 2-9-3
Purpose for which Agricultural Fund may be expended.
The Agricultural Fund shall not be expended upon any work or activity of any department, institution, bureau, commission, board or other state agency in connection with the Alabama Agricultural Experiment Station System or the Alabama Extension Service or any work or activity which is assigned to any department, institution, bureau, commission, board or state agency other than the Department of Agriculture and Industries or which is not definitely assigned to and defined as a part of the proper work of said Department of Agriculture and Industries. Said fund shall be expended exclusively for the expenses of the regulatory control and administrative work of the Department of Agriculture and Industries, except as otherwise expressly provided by law.
(Ag. Code 1927, §487; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §33.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-4 - Authority of Commissioner Over Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-4 - Authority of Commissioner Over Fund. | Section 2-9-4
Authority of commissioner over fund.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall use the Agricultural Fund in accordance with the provisions of law for the support and expense of the regulatory, control and administrative work of the Department of Agriculture and Industries and in such manner as said board deems will best effect the purposes of all laws included in this title which the Commissioner, Department or Board of Agriculture and Industries are authorized or directed to administer or enforce. The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall direct the expenditure of said fund, it being the purpose of this section to vest the financial supervision and control over the use of said fund for the work and activities assigned to the Department of Agriculture and Industries in the manner provided by law.
(Ag. Code 1927, §488; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §34.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-5 - Payment of Salaries and Expenses of Commissioner, Members of Board, Department Emplo... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-5 - Payment of Salaries and Expenses of Commissioner, Members of Board, Department Employees, Etc. | Section 2-9-5
Payment of salaries and expenses of commissioner, members of board, department employees, etc.
The salaries and expenses of the commissioner, members of the State Board of Agriculture and Industries, and the salaries of the employees of the Department of Agriculture and Industries, as otherwise fixed by law, shall be payable from the Agricultural Fund and other funds available to said department by legislative appropriation or otherwise; provided, that the expenses of travel and type or means of transportation of such officers and employees and other expenses incident thereto in the performance of their official duties, as otherwise provided by law, and proof thereof, shall be subject to rules and regulations approved by the State Board of Agriculture and Industries as to the manner, method or system of payment. The provisions of this section as to expenses shall also apply to experts and scientists when performing duties as provided in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce.
(Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-6 - Requisitions and Warrants for Payments From Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-6 - Requisitions and Warrants for Payments From Fund. | Section 2-9-6
Requisitions and warrants for payments from fund.
All expenses incurred under this title or any other provision of this code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the operation of the department shall be paid by warrants drawn by the comptroller on the Agricultural Fund upon the requisition of the commissioner. Said requisition shall be itemized and sworn to and accompanied by an itemized statement of expenses by any person in whose favor a warrant is to be drawn, verified by affidavit that such statement is correct and such amount is unpaid, with such other information or evidence as the board may require. Thereupon, a warrant or warrants shall be drawn by the comptroller upon the Agricultural Fund of the State Treasury for the amounts so requisitioned.
(Ag. Code 1927, §490; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §36.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-1/section-2-9-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 1 - Agricultural Fund.›Section 2-9-7 - Withdrawals and Expenditures to Be Pursuant to Budget and Allotment; Unappropriated... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-7 - Withdrawals and Expenditures to Be Pursuant to Budget and Allotment; Unappropriated or Unexpended Funds. | Section 2-9-7
Withdrawals and expenditures to be pursuant to budget and allotment; unappropriated or unexpended funds.
The withdrawal or expenditure of any funds in the State Treasury to the credit of the Agricultural Fund for the payment of salaries, expenses, equipment, operational costs or maintenance or for any reason whatsoever shall be pursuant to budget and allotment as is provided in Article 4 of Chapter 4 of Title 41 of this Code, and limited to the amounts provided therefor by the Legislature in the general appropriation bill; provided, that the provisions of this sentence shall not affect in any manner or to any extent the appropriations for payment of rentals made in Sections 2-6-50 through 2-6-54. Any unappropriated funds remaining in the Agricultural Fund or any unexpended funds remaining in the appropriation to the Department of Agriculture and Industries by the Legislature at the end of each fiscal year shall be carried in the State Treasury in the Agricultural Fund.
(Acts 1951, No. 999, p. 1670.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-2/section-2-9-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 2 - Shipping Point Inspection Fund.›Section 2-9-20 - Fund Created; Moneys to Be Paid Into Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-20 - Fund Created; Moneys to Be Paid Into Fund. | Section 2-9-20
Fund created; moneys to be paid into fund.
There is hereby created in the State Treasury a fund to be known and designated as the Shipping Point Inspection Fund. All funds, fees, charges, costs and collections accruing to or collected by the Department of Agriculture and Industries in connection with the administration and enforcement of, or providing inspection, classification or grading services pursuant to Articles 1, 4 and 5 of Chapter 11 of this Title, and any other laws or parts of laws whereby agricultural shipping point and terminal market inspection services are furnished by the Department of Agriculture and Industries, including services furnished for weighing and issuing weight certificates to be used for the sale of agricultural commodities, shall be deposited into the State Treasury, to the credit of the Shipping Point Inspection Fund.
(Acts 1956, 2nd Ex. Sess., No. 26, p. 296, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-2/section-2-9-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 2 - Shipping Point Inspection Fund.›Section 2-9-21 - Expenditure of Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-21 - Expenditure of Fund. | Section 2-9-21
Expenditure of fund.
All funds now or hereafter deposited in the State Treasury to the credit of the Shipping Point Inspection Fund shall be expended to provide and furnish the services for which such funds are collected in accordance with the provisions of the law authorizing the collection of such funds or as otherwise directed by the Legislature.
(Acts 1956, 2nd Ex. Sess., No. 26, p. 296, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-2/section-2-9-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 2 - Shipping Point Inspection Fund.›Section 2-9-22 - Insurance for Employees of Department of Agriculture and Industries at Shipping Poi... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-22 - Insurance for Employees of Department of Agriculture and Industries at Shipping Points, Etc. | Section 2-9-22
Insurance for employees of Department of Agriculture and Industries at shipping points, etc.
The Commissioner of Agriculture and Industries, subject to approval by the Governor, is hereby authorized and empowered and may enter into a contract by bond or policy with an insurance company authorized to do business in this state whereby employees of the Department of Agriculture and Industries who are engaged in work involving inspection, grading, classifying, weighing or otherwise handling agricultural commodities at shipping points, terminal markets, receiving centers or elsewhere will be insured against personal injury or death caused by accidental means while discharging their duties as such employees. The amount of insurance protection to be paid to any employee as authorized under this section on account of death, injury or disability shall not exceed the amount or amounts as provided by the workmen's compensation laws of the State of Alabama if such employees were privately employed; except, that such insurance may provide additional benefits not to exceed $10,000.00 per employee for the payment of hospital and medical expenses. The cost of any accident, death, disability, hospital, medical or other insurance benefits as authorized under this section shall be paid out of the Shipping Point Inspection Fund of the State Treasury.
(Acts 1965, 2nd Ex. Sess., No. 40, p. 56.) |
https://law.justia.com/codes/alabama/title-2/chapter-9/article-3/section-2-9-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 9 - Special Funds Relating to Agriculture.›Article 3 - Egg Inspection Fund.›Section 2-9-40 - Sources of Fund; Expenditures From Fund. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 3 - Egg Inspection Fund. › Section 2-9-40 - Sources of Fund; Expenditures From Fund. | Section 2-9-40
Sources of fund; expenditures from fund.
There shall be maintained in the State Treasury the fund now existing therein and designated as the "Egg Inspection Fund" into which fund there shall be deposited all amounts received pursuant to any cooperative agreement with the United States Department of Agriculture or other federal departments or agencies which provide for inspection and grading of eggs or other related or similar duties incident thereto which involve the inspection, grading or determination of the condition or quality of eggs or egg products. There shall also be deposited into said "Egg Inspection Fund" any amounts available by appropriation or otherwise for the administration and enforcement of the provisions and requirements of Chapter 12 of this title, which said amounts so deposited or transferred into said fund shall be used and expended for payment of salaries, other expenses, equipment purchases necessary for and incident to the administration and enforcement of Chapter 12 of this title, subject, however to the provisions of Article 4 of Chapter 4 of Title 41 of this Code.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §4; Acts 1975, No. 342, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-1/section-2-10-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 1 - General Provisions.›Section 2-10-1 - Use of Word "Cooperative" in Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 1 - General Provisions. › Section 2-10-1 - Use of Word "Cooperative" in Title. | Section 2-10-1
Use of word "cooperative" in title.
No person, firm, corporation or association organized or doing business in this state as a cooperative association to market agricultural products shall be entitled to use the word "cooperative" as a part of its corporate or other business name or title unless it has complied with the provisions of this chapter.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7147; Code 1940, T. 2, §105; Acts 1959, No. 591, p. 1480.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-20 - "Association" Defined. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-20 - "Association" Defined. | Section 2-10-20
"Association" defined.
The word "association," as used in this article, shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for their objects engaging in activities similar to those of a cooperative marketing association. Such associations are hereby declared to be impressed with a public service, and every such association shall be subject to the supervision, inspection and investigation of the commissioner.
(Ag. Code 1927, §547; Code 1940, T. 2, §69.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-21 - Permit Required; Fee. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-21 - Permit Required; Fee. | Section 2-10-21
Permit required; fee.
No association shall engage in business until it has first secured a permit from the commissioner. Application for such permit shall be made on blanks prescribed by the State Board of Agriculture and Industries and shall be accompanied by a fee of $25.00.
(Ag. Code 1927, §548; Code 1940, T. 2, §70; Acts 1983, No. 83-593, p. 926, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-22 - Duty of Commissioner Upon Receipt of Application for Permit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-22 - Duty of Commissioner Upon Receipt of Application for Permit. | Section 2-10-22
Duty of commissioner upon receipt of application for permit.
Upon receipt of an application by an association for a permit, the commissioner shall ascertain from the best source of information at his command whether the character and general fitness of the persons to have charge and control are such as to command the confidence of the community or communities in which it will operate and are such as to reasonably assure a fair and successful operation of such association.
(Ag. Code 1927, §549; Code 1940, T. 2, §71.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-23 - Issuance of Permit; Annual Renewal Permit Fee; Penalty for Failure to Pay Renewal... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-23 - Issuance of Permit; Annual Renewal Permit Fee; Penalty for Failure to Pay Renewal Fee. | Section 2-10-23
Issuance of permit; annual renewal permit fee; penalty for failure to pay renewal fee.
If the commissioner is satisfied from his investigation that the character and general fitness of the persons to manage an association are such as to assure a proper, fair and successful operation of such association and that such association will be of public benefit, then a permit to operate shall be granted after all officers handling or controlling property or cash shall have given a bond in such amount and under such conditions as may be prescribed by the State Board of Agriculture and Industries. Thereafter, each association shall pay an annual renewal permit fee of $25.00, payable on or before the start of the fiscal year of said association. Such fee shall accompany completed forms for yearly renewal, provided by the association, prior to the start of its fiscal year. Those associations in possession of valid permits as of July 25, 1983 shall also be required to pay the above annual renewal permit fees on or before the start of their next fiscal year following the passage of this section. Failure to pay annual renewal permit fees shall be considered grounds for revocation of any existing permit. The above annual permit fee of $25.00 shall also be due and payable for each and every subsidiary, branch office or other like establishment of associations that conduct any business of the association, in towns or areas different from that of the home office of the association.
(Ag. Code 1927, §550; Code 1940, T. 2, §72; Acts 1983, No. 83-593, p. 926, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-24 - Refusal of Permit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-24 - Refusal of Permit. | Section 2-10-24
Refusal of permit.
In the event the commissioner is of the opinion from his investigation that an association making application for a permit cannot be successfully conducted or that the character or general fitness of the person to have charge or control are not such as to assure its fair and successful operation or if for any reason he is of the opinion that said association should not attempt to function, he shall refuse to issue such permit.
(Ag. Code 1927, §551; Code 1940, T. 2, §73.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-25 - Notice of Decision Refusing Permit; Appeal. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-25 - Notice of Decision Refusing Permit; Appeal. | Section 2-10-25
Notice of decision refusing permit; appeal.
If the commissioner refuses to issue a permit, he shall by registered or certified mail notify the principal officer or manager of the association and may notify by mail all members. An appeal by anyone interested shall lie from the decision of the commissioner to the State Board of Agriculture and Industries by filing with the Department of Agriculture and Industries a written demand for such appeal. The appeal shall be heard at the next meeting of said State Board of Agriculture and Industries, and the board shall render such judgment as it deems proper from the facts.
(Ag. Code 1927, §552; Code 1940, T. 2, §74.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-26 - Temporary Permit Pending Appeal. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-26 - Temporary Permit Pending Appeal. | Section 2-10-26
Temporary permit pending appeal.
In the event an association desires to do business pending the appeal provided for in Section 2-10-25, it may be issued a temporary permit to do so upon paying $1.00 and filing bond with the commissioner in such sum as the commissioner may fix, conditioned to protect all persons dealing with the association from injury or loss. Said bond shall be in a reasonable amount, approved by the commissioner, and made in some bonding company authorized to do business in Alabama. Before such association shall be permitted to file bond as authorized in this section, there shall be filed with the Department of Agriculture and Industries, on blanks prescribed by the State Board of Agriculture and Industries, an application for such temporary permit, accompanied by a full list of the members of such association and their addresses. Immediately upon the filing of such application, the commissioner shall call a meeting, by mailing notice to each member of the association, at such place as the commissioner deems most convenient for the majority of said members, and at such meeting he shall explain the reasons why he rejected the application for a permit. If a majority vote for such temporary certificate after such statement by the commissioner, the temporary certificate shall issue. The commissioner may issue the temporary certificate without such hearing.
(Ag. Code 1927, §553; Code 1940, T. 2, §75.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-27 - Authority to Acquire Stock and Execute Mortgages. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-27 - Authority to Acquire Stock and Execute Mortgages. | Section 2-10-27
Authority to acquire stock and execute mortgages.
All cooperative agricultural associations of any kind or character whatsoever, heretofore or hereafter organized under the laws of the State of Alabama, are hereby authorized and empowered to purchase or otherwise acquire and to hold stock in the New Orleans Bank for Cooperatives and in the Central Bank for Cooperatives in accordance with the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter be amended by the Congress of the United States. All corporations, heretofore or hereafter organized under the laws of the State of Alabama, which are eligible to borrow from production credit associations, are hereby authorized and empowered to purchase or otherwise acquire and to hold stock in production credit associations in accordance with the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter be amended by the Congress of the United States.
Notwithstanding the provisions of other laws of the State of Alabama, any agricultural cooperative association organized under the laws of the State of Alabama or authorized to do business in said state may provide in its bylaws that the board of directors of such cooperative shall have the power to authorize the execution of mortgages covering its real property as security for debts of the cooperative; provided, that boards of directors of such cooperative associations shall not be authorized to mortgage real property unless such action is favored and approved by not less than a majority of the membership of the board of directors.
(Acts 1935, No. 223, p. 615; Code 1940, T. 2, §76; Acts 1959, No. 593, p. 1482.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-28 - Annual Report. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-28 - Annual Report. | Section 2-10-28
Annual report.
Every association shall prepare and make out an annual report, on forms furnished by the commissioner and approved by the State Board of Agriculture and Industries, containing such financial and other information relative to its operation during the fiscal year as may be required by the State Board of Agriculture and Industries. Such report shall contain, in addition to such other information as the board may require, the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, the sources of its capital, expenses of operations and its balance sheets. Said report shall be filed with the commissioner on such date as required by the State Board of Agriculture and Industries. Said report shall be considered as a confidential document, and the information contained therein shall not be divulged except by permission of the board.
It shall be the duty of the commissioner to check or cause to be checked the annual report, make a summary of his findings therefrom and furnish such summary to each member of the State Board of Agriculture and Industries, that they may consider the same at their next meeting or such other time as the board sees fit.
(Ag. Code 1927, §§554, 555; Code 1940, T. 2, §§77, 78.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-29 - Investigation of Affairs of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-29 - Investigation of Affairs of Association. | Section 2-10-29
Investigation of affairs of association.
The commissioner shall have authority, when so ordered by the State Board of Agriculture and Industries, to examine and investigate each association as to its conduct of business, the correctness of its books, its financial condition and the safety and prudence of its management. Such investigation may also be made by any duly authorized agent of the commissioner. The report of such examination shall be a confidential document for official use only and subject to examination only by duly authorized agents of the commissioner and members of the State Board of Agriculture and Industries. Such report shall be kept on file with the commissioner.
(Ag. Code 1927, §556; Code 1940, T. 2, §79.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-30 - Commissioner to Report Association Violating Purposes of Organization, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-30 - Commissioner to Report Association Violating Purposes of Organization, Etc. | Section 2-10-30
Commissioner to report association violating purposes of organization, etc.
Whenever the commissioner finds that an association is violating the purposes for which organized or is conducting its business in any unauthorized manner or is not serving the interest of its members or is being conducted in such a manner as to seriously impair its capital or jeopardize the interest of its members or has seriously impaired its capital or for any other reason such association should be discontinued or have a change of management, the commissioner shall call a meeting of the State Board of Agriculture and Industries and present all facts to such board.
(Ag. Code 1927, §558; Code 1940, T. 2, §80.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-31 - Hearing on Report of Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-31 - Hearing on Report of Commissioner. | Section 2-10-31
Hearing on report of commissioner.
The State Board of Agriculture and Industries shall consider all facts relative to the report of the commissioner required by Section 2-10-30 in executive session; provided, that any person the board sees fit may be admitted to such session, but such person shall not disclose to the public the proceeding, unless otherwise ordered by said board. The board may summons and examine under oath witnesses, shall consider the facts contained in the report and may hear from any person interested in such association. If upon such hearing the board is of the opinion that the protection of the public interest requires the discontinuance of the operation of the association, or a change of management or that it should continue without change, the board shall issue such order as necessary to protect the public and members of such association, stating its reasons therefor.
(Ag. Code 1927, §559; Code 1940, T. 2, §81.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-32 - Order of Board After Hearing; Appeal. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-32 - Order of Board After Hearing; Appeal. | Section 2-10-32
Order of board after hearing; appeal.
The State Board of Agriculture and Industries, upon any hearing provided for in this article, may require the commissioner to call a meeting of the directors of the association and seek to work out a solution of conditions with them, may order the conditions on which there may be a continuation of the operation of such association or may require an agent appointed by the board or commissioner to take charge and reorganize the association or wind its business up or may make such other order as it deems will best protect the interest of the public. An appeal shall lie from the order of the board by any person interested by filing bond with and to be approved by the register or clerk of the Circuit Court of Montgomery County. The matter shall be heard de novo in such court; provided, that the order of the board shall be presumed prima facie correct. Upon such hearing the court shall issue an order sustaining or reversing the order of the board or remanding the matter to the board for further consideration. An appeal shall lie from the order of the circuit court to the Court of Civil Appeals.
(Ag. Code 1927, §560; Code 1940, T. 2, §;82.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-33 - Bond Required of Person Placed in Charge of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-33 - Bond Required of Person Placed in Charge of Association. | Section 2-10-33
Bond required of person placed in charge of association.
Whenever the State Board of Agriculture and Industries shall place an association in the charge or control of a person, as provided in Section 2-10-32, such person shall be bonded by a bonding company in such amount and under such conditions as shall be fixed by the board to faithfully comply with the duties imposed in this article. Said bond shall be filed with and approved by the commissioner. Such agent shall have full authority to handle the property and affairs of said association as ordered by the board.
(Ag. Code 1927, §561; Code 1940, T. 2, §83.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-34 - Payment of Expense of Operating or Closing Out Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-34 - Payment of Expense of Operating or Closing Out Association. | Section 2-10-34
Payment of expense of operating or closing out association.
The expense of operating or closing out an association, as provided in Section 2-10-32, shall be paid by the association, including the reasonable salary of the agent placed in charge thereof, reasonable attorney's fees and any other expense incident to properly closing said association's affairs.
(Ag. Code 1927, §562; Code 1940, T. 2, §84.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-2/section-2-10-35/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 2 - Marketing Associations Generally.›Section 2-10-35 - Dissolution of Marketing or Marketing and Purchasing Associations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-35 - Dissolution of Marketing or Marketing and Purchasing Associations. | Section 2-10-35
Dissolution of marketing or marketing and purchasing associations.
(a) Any cooperative marketing corporation or association or mutual cooperative marketing or purchasing corporation or association organized under the laws of this state, may be dissolved in the mode and manner following:
(1) In any mode or manner now provided by law in this state for the dissolution of corporations;
(2) By proceedings in the circuit court in the county wherein the corporation or association was organized, under its statutory jurisdiction; or
(3) By complaint in the circuit court in the county wherein the corporation or association was or may be organized, in the manner provided in subsections (b) and (c) of this section.
(b) If the board of directors or other governing body shall deem it advisable to dissolve such corporation or association and shall adopt a resolution to that effect at any regular meeting of the board or other governing body or at any special meeting called for that purpose, 30 days' notice of which shall have been given each member of such board or other governing body, such resolution to be adopted by a vote of not less than two thirds of its members and spread upon the minutes of such board or other governing body, and such members so voting for such dissolution may file a complaint in their names and in the name of the corporation or association against the remaining members or stockholders of such corporation or association in said circuit court for the purpose of effectuating such dissolution. But, if it shall be made to appear to the court or to the judge thereof that the stockholders or members of such corporation or association are, in the judgment of the court or judge, so numerous as to render it impracticable or inexpedient to bring them all before the court, and, in the judgment of the court or judge, a sufficient number, not less than 10 representative stockholders or members of such corporation or association are made defendants to such complaint, such court or judge may make an order directing personal service on the defendants named and that publication, in such manner and form as the court or judge may prescribe, be made as to all other members and parties interested once a week for four consecutive weeks in some newspaper of general circulation published in the county wherein such complaint is filed. If, upon the final hearing, such court shall find that a continuance of such corporation is impracticable or that it will be in the interest of the corporation or association that it be dissolved, it may make and enter a judgment dissolving said corporation and, upon such dissolution, may direct the business and affairs of said corporation to be wound up by the board of directors or other governing body of said corporation or association under the supervision and direction of the court, or the court may, in its discretion, appoint a receiver for that purpose. Such court may make all such orders and judgments as may be deemed necessary and proper to effectuate such dissolution, the winding up of the business of the association or corporation and the final disposition of the assets thereof, if any.
(c) If the corporation or association has ceased business and become and remained inactive in the transaction of its business affairs for 12 months or more or, if it has no board of directors or other governing body, such complaint for dissolution may be filed by and on behalf of 10 or more stockholders or members of such corporation or association and in the name of such corporation or association, in the manner and form provided for in subsection (b) of this section, and the court may make such order or judgment thereon as in said subsection authorized and provided.
(Acts 1935, No. 221, p. 611; Code 1940, T. 2, §114.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-50 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-50 - Definitions. | Section 2-10-50
Definitions.
As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(1) AGRICULTURAL PRODUCTS. Such term shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, fish, aquatic and seafood products and any farm products.
(2) MEMBER. Such term shall include actual members of associations without capital stock and holders of common stock in organizations organized with capital stock.
(3) ASSOCIATION. Any corporation organized under this article.
(4) PERSON. Such term shall include individuals, firms, partnerships and associations.
(5) PRODUCTION OF AGRICULTURAL PRODUCTS. Such term shall include fishing activities and the harvesting of aquatic and seafood products as well as the production of other agricultural or farm products hereinabove defined in subdivision (1) of this section.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7127; Code 1940, T. 2, §85; Acts 1973, No. 1134, p. 1915, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-51 - Nonprofit Associations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-51 - Nonprofit Associations. | Section 2-10-51
Nonprofit associations.
Associations organized under this article shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves as such or for their members as such, but only for their members as producers.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7128; Code 1940, T. 2, §86.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-52 - Who May Form Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-52 - Who May Form Association. | Section 2-10-52
Who may form association.
Five or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions of this article.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7129; Code 1940, T. 2, §87.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-53 - Objects of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-53 - Objects of Association. | Section 2-10-53
Objects of association.
An association may be organized under this article to engage in any activity in connection with the marketing or selling of the agricultural products of its members or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping, ginning or utilization thereof or in connection with the manufacturing, selling or supplying to its members of machinery, equipment or supplies or in the financing of the above enumerated activities or in any one or more of the activities specified in this section.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7130; Code 1940, T. 2, §88.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-54 - Powers of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-54 - Powers of Association. | Section 2-10-54
Powers of association.
Each association incorporated under this article shall have the following powers:
(1) To engage in any activity in connection with the marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling, ginning or utilization of any agricultural products produced or delivered to it by its members;
(2) To engage in any activity in connection with the manufacturing or marketing of the by-products thereof;
(3) To engage in any activity in connection with the purchase, hiring or use by its members of supplies, machinery or equipment;
(4) To engage in the financing of any one or more of the activities specified in this section;
(5) To borrow money and to make advances to members;
(6) To act as the agent or representative of any member or members in any of the above-mentioned activities;
(7) To purchase or otherwise acquire and to hold, own and exercise all rights of ownership in and to sell, transfer or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association;
(8) To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws;
(9) To buy, hold and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto;
(10) To establish, secure, own and develop patents, trademarks and copyrights;
(11) To do each and everything necessary, suitable or proper for the accomplishment of any one or more of the objects enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly;
(12) To exercise and possess all powers, rights and privileges necessary or incidental to the purpose for which the association is organized or to the activities in which it is engaged and, in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with express provisions of this article and to do any such thing anywhere;
(13) To have a corporate seal;
(14) To own, buy and sell all kinds of property; and
(15) To sue and be sued.
Each association incorporated under this article may render the services mentioned in this section to nonmembers thereof as well as to members; provided, that no such incorporated association shall deal in the agricultural products of nonmembers to an amount greater in value than such as are handled by it for members and that no such incorporated association shall purchase supplies and equipment for or render farm business service to nonmembers in an amount greater in value than such as are purchased for or rendered to members. All business transacted by any cooperative association for or on behalf of the United States or any agency or instrumentality thereof shall be disregarded in determining the value of member or nonmember business transacted by such association.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7131; Acts 1935, No. 222, p. 612; Code 1940, T. 2, §89.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-55 - Who May Become Members or Stockholders. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-55 - Who May Become Members or Stockholders. | Section 2-10-55
Who may become members or stockholders.
Under the terms and conditions prescribed in its bylaws, an association may admit as members (or issue common stock to) only persons or associations or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or part of the crop raised on the leased premises. Any such persons or associations of persons or corporations may be citizens of or organized under the laws of this state or any other state of the United States and shall handle such agricultural products for members only.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7132; Acts 1927, No. 21, p. 28; Code 1940, T. 2, §90.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-56/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-56 - Contents of Articles of Incorporation; Signing, Acknowledgment and Filing. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-56 - Contents of Articles of Incorporation; Signing, Acknowledgment and Filing. | Section 2-10-56
Contents of articles of incorporation; signing, acknowledgment and filing.
Each association formed under this article shall prepare and file articles of incorporation, setting forth: the name of the association; the purposes for which it was formed; the place where its principal business will be transacted; the term for which it is to exist; the number of directors thereof, which must not be less than five and may be any number in excess thereof; the term of office of such directors; the names and addresses of the persons who are to serve as incorporating directors until their successors are elected and qualified; if organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and, if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed, and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members in accordance with such general rule or rules; and, if organized with capital stock, the amount of such stock and number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and privileges granted to each.
The articles must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances and shall be filed in accordance with the provisions of the general corporation law of this state. When so filed, the said articles of incorporation or certified copies thereof shall be received in all the courts of this state and in other places as prima facie evidence of the facts contained therein and of the due incorporation of such association.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7133; Acts 1935, No. 222, p. 612; Code 1940, T. 2, §91.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-57/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-57 - Amendments to Articles of Incorporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-57 - Amendments to Articles of Incorporation. | Section 2-10-57
Amendments to articles of incorporation.
The articles of incorporation or charter of any cooperative or mutual association of farmers organized under the provisions of this article may be altered or amended at any regular meeting of the members or at any special meeting called for that purpose; provided that a quorum shall be present as defined in the bylaws or other governing rules. The amendment must first be approved by two thirds of the directors or other governing body and then adopted by vote of two thirds of the members present and voting at the meeting. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the provisions of the general corporation laws of the state.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7134; Acts 1935, No. 222, p. 612; Code 1940, T. 2, §92.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-58/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-58 - Provisions of Bylaws. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-58 - Provisions of Bylaws. | Section 2-10-58
Provisions of bylaws.
Each association incorporated under this article shall, within 30 days after its incorporation, adopt for its government and management bylaws not inconsistent with the powers granted by this article. A majority vote of the members or stockholders or their written assent is necessary to adopt such bylaws. Each association, under its bylaws, may also provide for any or all of the following matters:
(1) The time, place and manner of calling and conducting its meetings;
(2) The number of stockholders or members constituting a quorum;
(3) The right of members or stockholders to vote by proxy or by mail or by both and the conditions, manner, form and effects of such votes;
(4) The number of directors constituting a quorum;
(5) The qualification, compensation, duties and term of office of directors and officers, the time of their election and the mode and manner of giving notice thereof;
(6) Penalties for violations of the bylaws;
(7) The amount of entrance, organization and membership fees, if any, the manner and method of collection of the same and the purposes for which they may be used;
(8) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association, the charge, if any, to be paid by each member or stockholder for services rendered by the association to him and the time of payment and manner of collection and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign;
(9) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock and the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock;
(10) The manner of assignment and transfer of the interest of members and of the shares of common stock;
(11) The conditions upon which and the time when membership of any member shall cease;
(12) The automatic suspension of the rights of a member when he ceases to be eligible to membership in the association and the mode, manner and effect of the expulsion of a member; and
(13) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his membership or, at the option of the association, by conclusive appraisal by the board of directors.
In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his property interests in the association and shall fix the amount thereof in money which shall be paid to him within one year after such expulsion or withdrawal.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7135; Code 1940, T. 2, §93.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-59/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-59 - Regular and Special Meetings of Members. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-59 - Regular and Special Meetings of Members. | Section 2-10-59
Regular and special meetings of members.
In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time, and 10 percent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purpose thereof, shall be mailed to each member at least 10 days prior to the meeting, but the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7136; Code 1940, T. 2, §94.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-60 - Selection of Directors; Contracts With Association; Vacancies. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-60 - Selection of Directors; Contracts With Association; Vacancies. | Section 2-10-60
Selection of directors; contracts with association; vacancies.
The affairs of an association shall be managed by a board of not less than five directors, elected by the members or stockholders from their own number. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts. In such case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to such districts and the results of all such primary elections must be ratified by the next regular meeting of the association. The bylaws may provide that one or more directors may be appointed by the Commissioner of Agriculture and Industries, the President of Auburn University or any other public official or commission. The director or directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during the term of his office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or to any other kind of contract differing from terms generally current in that district. When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board by a majority vote shall fill the vacancy, unless the bylaws provide for an election of directors by district. In such a case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7137; Code 1940, T. 2, §95.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-61/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-61 - Officers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-61 - Officers. | Section 2-10-61
Officers.
The directors of each association shall elect from their number a president and one or more vice-presidents. They shall also elect a secretary and a treasurer, who need not be directors, and they may combine the two latter offices and designate the combined office as secretary-treasurer. The treasurer may be a bank or any depository, and such shall not be considered as an officer but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as authorized by the board of directors.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7138; Code 1940, T. 2, §96.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-62/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-62 - Certificate of Membership; Stock of Association; Member's Liability for Associatio... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-62 - Certificate of Membership; Stock of Association; Member's Liability for Association's Debts. | Section 2-10-62
Certificate of membership; stock of association; member's liability for association's debts.
When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership. No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote. Except for debts lawfully contracted between him and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance or any promissory notes given in payment thereof. No stockholder of a cooperative association shall own more than 20 percent of the common stock of the association, and an association in its bylaws may limit the amount of common stock which one member may own to any amount less than 20 percent of the common stock. No member or stockholder shall be entitled to more than one vote. Any association organized with stock under this article may issue preferred stock, with or without the right to vote. Such stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate. The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and such restrictions must be printed upon every certificate of stock subject thereto. The association may at any time except, when the debts of the association exceed 50 percent of the assets thereof, buy in or purchase its common stock at book value thereof as conclusively determined by the board of directors and pay for it in cash within one year thereafter.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7139; Code 1940, T. 2, §97.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-63/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-63 - Removal of Officer or Director. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-63 - Removal of Officer or Director. | Section 2-10-63
Removal of officer or director.
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by 10 percent of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association; and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses, and the person or persons bringing the charges against him shall have the same opportunity. In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by 20 percent of the members residing in the district from which he was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. By a vote of a majority of the members of that district, the director in question shall be removed from office.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7140; Code 1940, T. 2, §98.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-64/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-64 - Referring Questions to Entire Membership. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-64 - Referring Questions to Entire Membership. | Section 2-10-64
Referring questions to entire membership.
Upon demand of one third of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting, but a special meeting may be called for the purpose.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7141; Code 1940, T. 2, §99.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-65/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 3 - Incorporated Marketing Associations.›Section 2-10-65 - Marketing Contracts. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-65 - Marketing Contracts. | Section 2-10-65
Marketing contracts.
The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time not over 10 years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, including interest on preferred stock, not exceeding eight percent per annum, and reserves for retiring the stock, if any, and other proper reserves and interest not exceeding eight percent per annum upon common stock or other items deemed proper. The bylaws and the marketing contract may fix, as liquidated damages, specified sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products and may further provide that the member will pay all costs, premiums for bonds, expenses and fees in case any action is brought upon the contract by the association, and any such provisions shall be valid and enforceable in the courts of this state.
In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a judgment of specific performance thereof. Pending the adjudication of such an action, upon filing a verified complaint showing the breach or threatened breach, upon filing a sufficient bond and upon notification of the member and a hearing, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §§7142, 7143; Code 1940, T. 2, §§100, 101.) |
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