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https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-66/ | 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 2-10-66 - Exchange of Stock. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-66 - Exchange of Stock. | Section 2-10-66
Exchange of stock.
Whenever an association organized under this article with preferred capital stock shall purchase the stock or any property or any interest in any property of any person, firm, corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7144; Code 1940, T. 2, §102.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-67/ | 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 2-10-67 - Annual Report of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-67 - Annual Report of Association. | Section 2-10-67
Annual report of association.
Each association formed under this article shall prepare and make out an annual report on forms furnished by the Secretary of State, containing the name of the association, its principal place of business and a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders of a stock association or the number of members and amount of membership fees received, if a nonstock association, the expenses of operations, the amount of its indebtedness or liability and its balance sheets.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7145; Code 1940, T. 2, §103.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-68/ | 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 2-10-68 - Conflicting Laws Not Applicable. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-68 - Conflicting Laws Not Applicable. | Section 2-10-68
Conflicting laws not applicable.
Any provisions of law which are in conflict with this article shall not be construed as applying to the associations provided for in this article.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7146; Code 1940, T. 2, §104.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-69/ | 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 2-10-69 - Association May Form, Own or Control Another Corporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-69 - Association May Form, Own or Control Another Corporation. | Section 2-10-69
Association may form, own or control another corporation.
The association may organize, form, operate, own, control, have an interest in, own stock of or be a member of any other corporation or corporations, with or without capital stock, engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, ginning, utilizing, manufacturing, marketing or selling the agricultural products handled by the association or the by-products thereof.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7148; Code 1940, T. 2, §106.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-70/ | 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 2-10-70 - Agreements Between Associations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-70 - Agreements Between Associations. | Section 2-10-70
Agreements between associations.
Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts and arrangements with any other cooperative corporation, association or associations formed in this or in any other state for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same methods, means and agencies for carrying on and conducting their respective business.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7150; Code 1940, T. 2, §108.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-71/ | 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 2-10-71 - Association Not a Monopoly. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-71 - Association Not a Monopoly. | Section 2-10-71
Association not a monopoly.
No association organized under this article shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily, nor shall the marketing contracts or agreements between the association and its members or any agreements authorized in this article be considered illegal or in restraint of trade.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7152; Code 1940, T. 2, §110.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-72/ | 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 2-10-72 - Applicability of General Corporation Laws. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-72 - Applicability of General Corporation Laws. | Section 2-10-72
Applicability of general corporation laws.
The provisions of the general corporation laws of this state and all powers and rights thereunder shall apply to the associations organized under this article, except where such provisions are in conflict with or inconsistent with the express provisions of this article.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7153; Code 1940, T. 2, §111.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-73/ | 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 2-10-73 - Fees to Probate Judges and Secretary of State. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-73 - Fees to Probate Judges and Secretary of State. | Section 2-10-73
Fees to probate judges and Secretary of State.
For examining and filing corporation papers under provisions of this article, the probate judge in whose office the same is filed shall receive a fee of $2.00 and be paid $.15 per 100 words for recording the same. The Secretary of State for the use of the state shall be paid $5.00 for filing a certificate of incorporation forwarded by the probate judge as provided by law.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7154; Code 1940, T. 2, §112.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-3/section-2-10-74/ | 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 2-10-74 - Fees for Filing Articles of Incorporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-74 - Fees for Filing Articles of Incorporation. | Section 2-10-74
Fees for filing articles of incorporation.
For filing articles of incorporation, an association organized under this article shall pay $10.00, and for filing an amendment to the articles, $2.50.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7155; Code 1940, T. 2, §113.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-90 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-90 - Definitions. | Section 2-10-90
Definitions.
The following terms, as used in this article, shall have the meanings respectively ascribed to them in this section:
(1) PRODUCERS OF AGRICULTURAL PRODUCTS. Individual persons, partnerships, associations and corporations who produce such products either directly or as landlords, tenants or sharecroppers.
(2) AGRICULTURAL PRODUCTS. The products of field, pasture, meadow and garden; fruits, melons, berries, nuts, vegetables, livestock, poultry and poultry products, dairy products, fish, aquatic and seafood products and all other things commonly known as agricultural products.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §130; Acts 1973, No. 1134, p. 1915, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-91 - Purposes of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-91 - Purposes of Article. | Section 2-10-91
Purposes of article.
The purposes of this article are to promote the general welfare of agriculture; to enable producers of agricultural products, whether in the State of Alabama or not, to cooperate in the production, processing, packing, distribution, financing and marketing of agricultural products and in the manufacturing, supplying or selling of machinery, equipment, or supplies used in connection with the production of said agricultural products or in the financing of the above enumerated activities; and to enable such producers to organize incorporated associations with or without capital stock and not for profit but for service to their members by the organization and operation of such corporations by a simplified and inexpensive procedure for the promotion and accomplishment of such cooperative and the general welfare of agriculture.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §115.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-92 - How Association May Be Formed; Amendments to Articles of Incorporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-92 - How Association May Be Formed; Amendments to Articles of Incorporation. | Section 2-10-92
How association may be formed; amendments to articles of incorporation.
Five or more producers of agricultural products, whether in the State of Alabama or not, who may desire that they, their associates and successors shall come under this article and enjoy its benefits may enter into articles of association and incorporation which shall set forth the name of the organization, the period of its existence, its domicile and the purposes for which it was formed and that said association is to be organized or operated under this article. 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 the state and other places as prima facie evidence of the facts contained therein and the due incorporation of such association. Such articles of incorporation may thereafter be altered or amended at any regular meeting of the members or stockholders or at any special meeting called for that purpose, if a quorum, as defined in the bylaws, is present. The amendment must first be approved by two thirds of the directors and then adopted by vote of two thirds of the members present and voting at the meeting. Amendments when so adopted shall be filed in accordance with the general corporation laws of the state.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §116; Acts 1959, No. 592, p. 1480.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-93 - Organization Generally; Adoption of Bylaws. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-93 - Organization Generally; Adoption of Bylaws. | Section 2-10-93
Organization generally; adoption of bylaws.
A majority of the organizing members named in the articles of incorporation, at a time and place agreed upon in writing by all the said organizers, or when and where all are present, or upon call of a majority of such organizers upon five days' notice thereof, in writing, giving the time, place, and purposes of the meeting, mailed or delivered by hand to all of the other said organizing members, may make permanent organization of such corporation and adopt bylaws for the same, which bylaws may thereafter be amended or repealed by the members of such incorporated association in the manner provided in the bylaws. At such organization meeting, the members of the board of directors and such officers as provided for in this article and in the bylaws shall be elected. 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 in this article.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §117; Acts 1959, No. 592, p. 1480.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-94 - Board of Directors. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-94 - Board of Directors. | Section 2-10-94
Board of directors.
The affairs of an association incorporated under this article shall be conducted, controlled and managed by a board of directors of such number, not to be less than five, and with such terms of office as may be provided by the bylaws. The said directors shall be elected by the members or stockholders of the association from their own number. 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 until the next regular meeting of the members of the association. An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. No director, during his term of 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 stock of the association.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §118; Acts 1959, No. 592, p. 1480.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-95/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-95 - Election and Duties of Officers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-95 - Election and Duties of Officers. | Section 2-10-95
Election and duties of officers.
The board of directors shall elect from its number a president and one or more vice-presidents. It shall also elect a secretary and a treasurer who need not be directors, and it may combine the two latter offices and designate the combined office as secretary-treasurer. The duties of said officers shall be those usual to like officers in corporations and such other additional duties as may be designated in the bylaws.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §119.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-96/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-96 - Voting by Mail or Proxy; Fees and Dues. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-96 - Voting by Mail or Proxy; Fees and Dues. | Section 2-10-96
Voting by mail or proxy; fees and dues.
The bylaws may provide, among other things, for voting by the members by mail or by proxy in writing and for membership fees and dues and shall provide how membership in the incorporated association may be acquired and lost.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §120.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-97/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-97 - Membership. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-97 - Membership. | Section 2-10-97
Membership.
Under the terms and conditions prescribed in its bylaws, an association may admit as members or issue common stock or certificates of membership only to persons engaged in the production of agricultural products, including the lessees and tenants of land used for the production of such products and lessors and landlords who receive as rent part of the crops raised on the leased premises. If a member of a nonstock association shall be other than a natural person, such member may be represented by an individual, associate, officer, manager or member thereof duly authorized in writing. All membership shall be personal to the member and equal in right and shall not be transferable, assignable, vendable, inheritable, devisable or seizable, and each member shall have one vote only.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §121.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-98/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-98 - Organization With Capital Stock. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-98 - Organization With Capital Stock. | Section 2-10-98
Organization with capital stock.
Incorporated associations may be organized under this article with capital stock at the option of the organizers. In that event the association shall be organized by the same method and for the same recording fee as in the case of those associations organized without capital stock, except that the articles of association shall set forth also that the association is organized with capital stock and the amount of capital stock authorized with particulars as to the class or classes thereof and the par value of shares. There shall be no individual liability on the part of shareholders, members, officers or directors for the obligations of the corporation. The articles of association may provide for preferred stock as well as common stock, but all shares shall have a definite par value, and all shares of the same class shall have the same par value. 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. No member or stockholder shall be entitled to more than one vote irrespective of the number of shares of stock held by such member or stockholder. No stockholder shall hold more than 20 percent of the common stock. Common stock shall be issued only to and held only by producers of agricultural products who make use of the service and facilities of the association or to agricultural associations, organizations, federations or corporations organized under this article or whose purposes and operations are in harmony with the purposes of this article; provided, that the articles of association may limit the ownership of stock to producers of agricultural products. Dividends upon the capital stock shall not be declared or paid in excess of eight percent per annum. If any shareholder shall cease to be eligible to hold his shares or shall die or shall be dissolved, and if his shares are not promptly transferred to some producer or organization eligible to hold the same, the association shall take up such shares at par value or at the option of the association at appraised value, such value to be conclusively fixed by the board of directors of the association, and the association may pay therefor in cash or by certificate of indebtedness to be thereafter paid from the income of the association. If any shareholder shall attempt to transfer his share except as permitted, such shares may, at the option of the association, be taken up as in the case of the death of a shareholder.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §122.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-99/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-99 - Powers of Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-99 - Powers of Association. | Section 2-10-99
Powers of association.
An association incorporated under this article shall have the power to:
(1) Contract and be contracted with;
(2) Borrow and lend money;
(3) Issue notes, bonds and other obligations and secure the payment of the same by mortgage or otherwise;
(4) Buy, contract for, own, sell, convey, pledge, mortgage and otherwise have, use and dispose of property of all kinds, insofar as not prohibited by law;
(5) Promote and carry out the purpose of this article to market the agricultural products of its members, cooperatively in pools or otherwise and collect for the same;
(6) Purchase such products from its members;
(7) Advance money upon such products to its members;
(8) Act as agents for its members;
(9) Process, condition, pack, store and otherwise safeguard, care for and make ready for market the agricultural products of its members;
(10) Purchase for and distribute to its members and purchase and sell to its members seed, plants, fertilizers, machinery, implements, livestock, feed, chemicals, foodstuffs, materials, supplies, packages, containers, wrappings, labels, tags and any other goods, wares or merchandise necessary or useful in the production, processing, packing, storage, distribution and marketing of agricultural products;
(11) Erect, buy, own, rent, operate, manage and control all plants, properties, machinery and installations necessary or useful in processing, conditioning, packing, manufacturing, storing, shipping, distributing and marketing of such products of its members; and
(12) Render to its members farm business service.
In addition to the foregoing, the articles of incorporation of any association incorporated under this article may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, the establishment of voting districts and the election of delegates for representative purposes, the issuance, retirement and transfer of its stock, if formed with capital stock, or any provisions relative to the way or manner in which it shall operate or with respect to its members, officers or directors and any other provisions relating to its affairs. The powers granted in this section shall be possessed by an association or federation organized under this article fully and completely, whether specified in the articles of association. Such incorporated association 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 and nonmember business transacted by such association.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §123.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-100 - Associations May Federate. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-100 - Associations May Federate. | Section 2-10-100
Associations may federate.
Associations incorporated under this article may, in carrying out their purposes, become members of and enjoy the facilities and cooperation of any federation whose members are agricultural societies, organizations or associations whose purposes and operations are in any way promotive of and not inconsistent with the purpose of this article.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §124.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-101 - How Federation Organized and Managed. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-101 - How Federation Organized and Managed. | Section 2-10-101
How federation organized and managed.
Five or more associations or corporations organized under this article, or whose purposes and operations are in any way promotive of, and not inconsistent with, the purposes of this article, whether incorporated under this article or not, may organize and incorporate a federation with such incorporated associations as members thereof, such incorporated federation to be managed by a board of directors to be composed of representatives of such constituent member associations. The articles of association and incorporation for such federation shall contain the names of the constituent member associations, and the signatures thereto shall be those of an executive officer of each of the constituent associations. The other procedure and details of incorporation shall be the same as provided in this article for the incorporation of the constituent incorporated associations, and the organization meeting and adoption of bylaws shall be by representatives chosen by the respective constituent members for that purpose, one for each member. In the organization and management of such federation, each constituent member shall be entitled to one vote only, and if any constituent member has more than one representative, as members of the board of directors of said federation, such representatives as directors shall jointly have one vote only, it being intended that such a federation may be incorporated under this article as aforesaid for the purposes and with all the rights and powers given by this article to associations of producers of agricultural products under this article. After such federation has been organized and incorporated as provided in this section, agricultural societies, organizations, associations or corporations whose purposes and operation are in any way promotive of, and not inconsistent with, the purposes of this article, whether incorporated under this article or not, and which are accepted by the federation, may become members of such federation, and any such federation may limit its membership to associations incorporated under this article. Such federation may be organized with capital stock, at the option of the organizing associations, and in that event the provisions of this article applying to capital stock organization of incorporated associations shall apply also to such federation, and the management shall be vested in a board of directors of such number as the bylaws may provide, elected by the shareholders.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §125.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-102 - Powers of Federation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-102 - Powers of Federation. | Section 2-10-102
Powers of federation.
Any federation incorporated under Section 2-10-101 for the purpose of carrying out the purposes of this article and the rendition of services to its constituent members and their members shall have all the rights, powers, privileges and immunities given its constituent members as an incorporated association under this article. The members of the constituent members of such federation shall be treated as members of the federation to the extent that services rendered to them by the federation shall be considered to be rendered to its own members.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §126.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-103 - Charges for Expenses and Creating Reserve; Patronage Dividends. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-103 - Charges for Expenses and Creating Reserve; Patronage Dividends. | Section 2-10-103
Charges for expenses and creating reserve; patronage dividends.
An association incorporated under this article may make charges to its members and deductions from the proceeds of their products for services rendered to them, for the purpose of paying the expenses of operation and the maintenance and development of such association and for the creation and maintenance of reserves for the purpose of paying expenses, retiring obligations, acquiring, maintaining and operating property necessary or useful in carrying out the purpose of this article and for caring for contingencies, and such reserves may be used or distributed as may be deemed proper by the board of directors under the bylaws. Such corporation may make patronage dividends or distributions to its members and may do any and all things not unlawful in carrying out the purposes of this article, and shall have and enjoy all the rights, privileges and immunities of other corporations not inconsistent with this article.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §127.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-104 - Certain Civil Actions Authorized. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-104 - Certain Civil Actions Authorized. | Section 2-10-104
Certain civil actions authorized.
An association incorporated under this article may institute and defend civil actions and may collect, institute civil actions for and realize on claims for the purchase money of products sold by it for its members or nonmembers, and on claims for freight overcharges on and for loss and damage to shipments made by it for its members or nonmembers for the use and benefit of such persons.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §128.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-105 - Permit Fee; Taxation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-105 - Permit Fee; Taxation. | Section 2-10-105
Permit fee; taxation.
Any corporation or association organized under this article shall pay to the state the annual permit fee of $10.00 now required by law and shall pay all ad valorem taxes on its real and personal property; except, that all cotton and all other agricultural products which have been raised or produced in the State of Alabama, title to which may be held by such corporation or association in its own right or for the use and benefit of its members, and all goods and articles purchased or acquired by such corporation, whether in or out of the state, for its own use or for the use and benefit of its members for strictly agricultural or farm purposes in this state, shall, so long as held by such corporation or association, be exempt from taxation, nor shall such corporation be liable for any other license or privilege fee or tax for the purpose of engaging in or transacting business or otherwise in this state.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §129.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-106 - Existing Associations May Come Under This Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-106 - Existing Associations May Come Under This Article. | Section 2-10-106
Existing associations may come under this article.
Existing associations may come under this article. Any cooperative association already in existence may by majority vote of the stockholders or its members be brought under the provisions of this article by adopting the restrictions provided in this article and complying with the requirements of this article.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §131.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-107 - Fees for Filing Articles of Incorporation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-107 - Fees for Filing Articles of Incorporation. | Section 2-10-107
Fees for filing articles of incorporation.
For filing articles of incorporation, an association organized under this article shall pay $5.00 to the probate judge in whose office the same is filed. The Secretary of State for the use of the state shall be paid $5.00 for filing the certificate of incorporation forwarded by the probate judge as provided by law. For filing an amendment to the articles an association shall pay $2.50.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §132.) |
https://law.justia.com/codes/alabama/title-2/chapter-10/article-4/section-2-10-108/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 10 - Cooperatives and Associations.›Article 4 - Mutual Farming or Trucking Associations.›Section 2-10-108 - Incorporated Marketing Association Not Affected. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 4 - Mutual Farming or Trucking Associations. › Section 2-10-108 - Incorporated Marketing Association Not Affected. | Section 2-10-108
Incorporated marketing association not affected.
This article shall not amend, repeal or in anywise affect the provisions of article 3 of this chapter, nor any corporation or association formed thereunder.
(Acts 1935, No. 220, p. 604; Code 1940, T. 2, §133.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-1 - Purposes of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-1 - Purposes of Article. | Section 2-11-1
Purposes of article.
The purposes of this article are to promote, protect and develop the agricultural interests of this state, to regulate and control the marketing of agricultural products, to provide for the fixing and promulgation of standards for any or all containers for agricultural products which shall be the official standards for this state and to further prescribe the powers and duties of the State Board of Agriculture and Industries and the commissioner relative thereto.
(Ag. Code 1927, §334; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §405.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-2 - Marketing in Bulk or Ungraded. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-2 - Marketing in Bulk or Ungraded. | Section 2-11-2
Marketing in bulk or ungraded.
The provisions of this article shall apply only when agricultural products are sold in sacks, bags, crates, boxes, packages or other containers and shall not prevent the sale of any such products in bulk; provided, that, for the purposes of this article, the Board of Agriculture and Industries may adopt and promulgate reasonable rules and regulations to be enforced by the commissioner fixing requirements as to the marking or labeling and terms used in the marketing of agricultural products when marketed in bulk or otherwise as uninspected, unclassified or ungraded agricultural products.
(Ag. Code 1927, §340; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §410.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-3 - Powers of Commissioner and Board. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-3 - Powers of Commissioner and Board. | Section 2-11-3
Powers of commissioner and board.
(a) The commissioner shall have the power to:
(1) Inspect and determine the grade and condition of agricultural products both at shipping points and receiving centers within this state and provide for the issuance of certificates as to grade or condition of such products;
(2) Inspect, test and examine the containers for agricultural products;
(3) Investigate, collect and disseminate data and statistics as to the location, quantities and time when available of agricultural products produced, stored or held within this state, information as to the cost and facilities for the transportation, storage and distribution of such products and information as to market prices of such products in the markets of the state and other markets;
(4) Acquire and use such information and data as may be necessary and useful in making recommendations to the Public Service Commission to avoid and prevent discrimination in the transportation of such products of this state and to secure fair and reasonable rates for such transportation;
(5) Investigate the needs of terminal and other distributing facilities for agricultural products and cooperate and advise with corporations, municipalities and other persons concerning the establishment of such facilities;
(6) Obtain and disseminate such information and data relating to the preceding subjects from outside this state as may be practicable and of value to producers and consumers within this state; and
(7) Investigate the conduct and methods of exchanges and boards of trade within this state for the purchase and sale of agricultural products.
(b) The Board of Agriculture and Industries shall have the power to:
(1) Determine and adopt standards for any and all agricultural products as to classification, quality or condition of such products and such other qualifications as may be of value for the purposes of this article;
(2) Determine and adopt standards for any and all containers for agricultural products and to provide for and require the marking of such containers;
(3) Include in or exclude from such standards any agricultural products as may appear for the promotion of the purposes of this article and to change such standards as and when such may seem best; and
(4) Make any and all reasonable rules and regulations necessary to carrying out the objects and purposes of this article not inconsistent with the law.
(Ag. Code 1927, §336; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §406.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-4 - Date Standards Become Effective; Information Concerning Standards. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-4 - Date Standards Become Effective; Information Concerning Standards. | Section 2-11-4
Date standards become effective; information concerning standards.
The commissioner shall specify the date or dates when the standards, or any alterations or modifications of such standards, adopted under the provisions of this article, shall become effective and shall give public notice not less than 30 days in advance of such date or dates by such means as he deems proper, and he is hereby empowered and authorized to employ reasonable methods for diffusing information concerning the standards that may be fixed by the board for any agricultural product.
(Ag. Code 1927, §337; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §407.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-5 - Federal Standards May Be Adopted; Cooperation With Federal Government. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-5 - Federal Standards May Be Adopted; Cooperation With Federal Government. | Section 2-11-5
Federal standards may be adopted; cooperation with federal government.
The commissioner, with the advice and counsel of the State Board of Agriculture and Industries, is authorized to fix and promulgate as the official standards for this state for any agricultural product the standard for such product promulgated or announced therefor under the authority of the Congress of the United States, and in carrying out the provisions of this article the said commissioner is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.
(Ag. Code 1927, §338; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §408.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-6 - Designation and Licensing of Inspectors; Duties; Fees; Unlawful Acts. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-6 - Designation and Licensing of Inspectors; Duties; Fees; Unlawful Acts. | Section 2-11-6
Designation and licensing of inspectors; duties; fees; unlawful acts.
The commissioner is hereby authorized to designate any competent employee or agent of the Department of Agriculture and Industries or United States Department of Agriculture and to license any competent person and to charge and collect a reasonable fee for such license to inspect or classify agricultural products for the purposes of this article and to revoke such licenses at his discretion. Such inspectors shall be stationed at such places, furnish such certificates and information to the commissioner and interested parties and perform such other duties pertaining to the provisions of this article as the commissioner may require. The commissioner, with the approval of the Board of Agriculture and Industries, may fix, assess and collect or cause to be collected fees for such services. Any person other than those properly designated under the provisions of this article who shall issue certificates of inspection or classification or represent himself to be such an inspector shall be guilty of a misdemeanor.
(Ag. Code 1927, §339; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §409.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-7 - Certificate as Evidence. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-7 - Certificate as Evidence. | Section 2-11-7
Certificate as evidence.
A certificate of inspection or classification by a duly designated person issued under this article and all such certificates issued under authority of the Congress of the United States relating to the classification, quality or condition of agricultural products shall be accepted in any court of this state as prima facie evidence of the true classification, quality or condition of such agricultural product at the time of inspection.
(Ag. Code 1927, §341; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §411.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-8 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-8 - Rules and Regulations. | Section 2-11-8
Rules and regulations.
The Board of Agriculture and Industries is hereby authorized to promulgate all general rules and regulations necessary and practicable to the carrying out of the purposes of this article by the commissioner. The commissioner, with the approval of the board, may form or enter into agreements with other agricultural agencies, state and federal, for promotion and development of agricultural products for the purposes of this article, and to provide for payment of expenses thereof from the Agricultural Fund or other funds available to the department.
(Ag. Code 1927, §342; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §412.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-9 - Bonds of Employees and Inspectors. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-9 - Bonds of Employees and Inspectors. | Section 2-11-9
Bonds of employees and inspectors.
The commissioner may require any employee or agent and any inspector licensed under this article to execute and file with him a good and sufficient bond, payable to the state, in such sum, not exceeding $1,000.00, and with such surety or sureties as he may prescribe, conditioned upon the faithful performance by such employee, agent or licensed inspector of his duties as such employee, agent or licensed inspector, such bond to be filed in the office of the commissioner. Any person injured by the failure of such employee, agent or licensed inspector faithfully to perform such duties shall be entitled to institute a civil action on such bond in his own name in any court of competent jurisdiction for the recovery of such damages as he may have sustained by reason of such failure.
(Ag. Code 1927, §343; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §413.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-10 - Offenses by or Concerning Employees and Inspectors. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-10 - Offenses by or Concerning Employees and Inspectors. | Section 2-11-10
Offenses by or concerning employees and inspectors.
Any employee or agent employed under this article or any inspector licensed under this article, who shall knowingly inspect or classify improperly any agricultural product or shall knowingly give an incorrect certificate of classification, quality or condition or shall accept money or other consideration directly or indirectly for any incorrect or improper performance of duty and any person who shall improperly influence or attempt to improperly influence any such agent, employee or licensed inspector in the performance of his duty shall be guilty of a misdemeanor.
(Ag. Code 1927, §344; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §414.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-1/section-2-11-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 1 - Marketing of Agricultural Products.›Section 2-11-11 - Violations of Standards; Disposition of Fines and Fees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 1 - Marketing of Agricultural Products. › Section 2-11-11 - Violations of Standards; Disposition of Fines and Fees. | Section 2-11-11
Violations of standards; disposition of fines and fees.
Whenever standards for agricultural products have been promulgated under this article, no person thereafter shall in any manner class, represent, describe or refer to any agricultural product for which such standards have been fixed in the preparation for or offering for sale or transportation, sale, distribution, transportation or otherwise marketing thereof as being of any other classification than fixed therefor under this article, except as otherwise provided in this article. After standards for containers for any agricultural products have been promulgated, no person shall use in the marketing of such product any other container or containers than those fixed as standards. In the marketing of any agricultural product, the container thereof shall be marked or labeled in accordance with the provisions of this article and the rules and regulations promulgated by the Board of Agriculture and Industries with reference thereto. Any person violating any provisions of this article shall be guilty of a misdemeanor. All funds accruing from the operation of this article, including fines and fees, shall be paid into the Agricultural Fund for expenditure for the purposes provided for in this article.
(Ag. Code 1927, §345; Acts 1935, No. 147, p. 187; Code 1940, T. 2, §415.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-30 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-30 - Short Title. | Section 2-11-30
Short title.
This article shall be known as the Alabama Catfish Marketing and Consumer Act of 1975.
(Acts 1975, No. 1191, p. 2333, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-31 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-31 - Definitions. | Section 2-11-31
Definitions.
For the purposes of this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires:
(1) CAPABLE OF USE AS HUMAN FOOD. Such term shall apply to any catfish or part or product thereof, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or unless it is naturally inedible by humans.
(2) CATFISH. Any species of the scientific order Siluriformes or family Anarhichadidae.
(3) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(4) DIRECT RETAIL SALE. The sale of catfish products individually or in small quantities directly to the consumer.
(5) DISTRIBUTOR. Any person offering for sale, exchange or barter any catfish product destined for direct retail sale in the State of Alabama.
(6) LABEL. A display of written, printed or graphic matter upon or affixed to the container in which a catfish product is offered for direct retail sale.
(7) LABELING. All labels and other written, printed or graphic matter upon a catfish product or any of its containers or wrappers offered for direct retail sale.
(8) PAY POND. A circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit.
(9) PERSON. Any individual, partnership, corporation or association or other legal entity.
(10) PROCESSOR. Any person engaged in handling, storing, preparing, manufacturing, packing or holding catfish products.
(11) PRODUCER. Any person engaged in the business of harvesting catfish, by any method, intended for direct retail sale.
(12) PRODUCT. Any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof, except products which contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish product by the commissioner under such conditions as he may prescribe to assure that the catfish or portions thereof contained therein are not adulterated and that such products are not represented as catfish products.
(13) PRODUCT NAME. The name of the catfish item intended for retail sale which identifies it as to kind, class or specific use.
(14) RETAILER. Any person offering for sale catfish products to individual consumers and representing the last sale prior to human consumption; except, that restaurants and other eating establishments are hereby excluded.
(Acts 1975, No. 1191, p. 2333, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-32 - Administration of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-32 - Administration of Article. | Section 2-11-32
Administration of article.
This article shall be administered by the Commissioner of Agriculture and Industries.
(Acts 1975, No. 1191, p. 2333, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-33 - Requirements as to Advertisement or Labeling for Sale of Catfish Products Generall... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-33 - Requirements as to Advertisement or Labeling for Sale of Catfish Products Generally. | Section 2-11-33
Requirements as to advertisement or labeling for sale of catfish products generally.
(a) No catfish product shall be offered for direct retail sale for human consumption by a processor, distributor or retailer unless the catfish product name is specifically labeled in the following manner:
(1) "Farm-Raised Catfish, A Product of Alabama" if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture; except, that the appropriate state name or USA or United States of America may be inserted in lieu thereof to accommodate similar catfish products produced in any one of the other states of the United States of America;
(2) "River or Lake Catfish, A Product of Alabama" if the product has been produced in any freshwater lake, river or stream of the state, but has not been produced according to the usual and customary techniques of commercial aquaculture; except, that the appropriate state name or USA or United States of America may be inserted in lieu thereof to accommodate similar catfish products produced in freshwater lakes, rivers or streams of any other state in the United States of America;
(3) "Imported Catfish" if the catfish is produced from freshwater, either according to the usual and customary techniques of aquaculture or from freshwater lakes, rivers or streams of a country other than the United States of America; or
(4) "Ocean Catfish" if the catfish product is produced from marine or estuarine waters.
(b) Any person selling river or lake catfish exclusively and directly to the consumer may have on his premises a sign reasonably visible to the consumer identifying such product as river or lake catfish rather than labeling each individual container or package of catfish product as provided in subsection (a) of this section.
(c) Any retailer selling catfish products not wrapped or in a container may comply with this section by placing a sign on the display case or refrigeration unit reasonably visible to the consumer, giving notice that such catfish is either "Farm-Raised Catfish," "River or Lake Catfish," "Imported Catfish" or "Ocean Catfish," as such products are defined in subsection (a) of this section.
(d) Any advertising as to any catfish product shall state whether such catfish product is "Farm-Raised Catfish," "River or Lake Catfish," "Imported Catfish" or "Ocean Catfish," as defined in subsection (a) of this section.
(e) This section shall not apply to catfish products exported out of the United States.
(Acts 1975, No. 1191, p. 2333, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-34 - Information to Be Provided to Persons, Firms, etc., to Whom Catfish Products Distr... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-34 - Information to Be Provided to Persons, Firms, etc., to Whom Catfish Products Distributed or Sold for Resale by Distributors, Processors, Etc. | Section 2-11-34
Information to be provided to persons, firms, etc., to whom catfish products distributed or sold for resale by distributors, processors, etc.
All distributors, processors or wholesalers of catfish products distributing or selling catfish products shall provide information to each person, firm or corporation to whom they distribute or sell catfish products for resale as to whether such catfish product is "Farm-Raised Catfish," "River or Lake Catfish," "Imported Catfish" or "Ocean Catfish," as such terms are defined in subsection (a) of Section 2-11-33.
(Acts 1975, No. 1191, p. 2333, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-35/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-35 - Promulgation, Amendment, etc., of Rules or Regulations by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-35 - Promulgation, Amendment, etc., of Rules or Regulations by Commissioner. | Section 2-11-35
Promulgation, amendment, etc., of rules or regulations by commissioner.
(a) The commissioner shall be authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article.
(b) Before the issuance, amendment or repeal of any rule or regulation authorized by this article, the commissioner shall publish the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.
(Acts 1975, No. 1191, p. 2333, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-36/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-36 - Publication by Commissioner of Information as to Sale, etc., of Catfish Products. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-36 - Publication by Commissioner of Information as to Sale, etc., of Catfish Products. | Section 2-11-36
Publication by commissioner of information as to sale, etc., of catfish products.
The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with such data on their production and use as he may consider advisable; provided, that the information concerning production and sales of catfish products shall not disclose the operation of any person.
(Acts 1975, No. 1191, p. 2333, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-37/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-37 - Cooperation, etc., of Commissioner With State or Federal Agencies, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-37 - Cooperation, etc., of Commissioner With State or Federal Agencies, Etc. | Section 2-11-37
Cooperation, etc., of commissioner with state or federal agencies, etc.
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government and private associations in order to carry out the purpose and provisions of this article.
(Acts 1975, No. 1191, p. 2333, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-38/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-38 - Proceedings for Enforcement of Provisions of Chapter and Rules or Regulations Prom... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-38 - Proceedings for Enforcement of Provisions of Chapter and Rules or Regulations Promulgated Thereunder Generally. | Section 2-11-38
Proceedings for enforcement of provisions of chapter and rules or regulations promulgated thereunder generally.
(a) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for such prosecution, an opportunity shall be given the distributor or other affected person to present his view to the commissioner.
(b) The commissioner is hereby authorized to apply for and the court to grant a temporary restraining order or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
(c) Nothing in this article shall be construed as requiring the commissioner to report for prosecution or for the institution of libel or injunctive proceedings minor violations of this chapter whenever he believes that the public interest will be adequately served by a suitable written notice of warning.
(Acts 1975, No. 1191, p. 2333, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-39/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-39 - Suspension From Sale, Seizure and Condemnation of Catfish Sold in Violation of Pro... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-39 - Suspension From Sale, Seizure and Condemnation of Catfish Sold in Violation of Provisions of Article. | Section 2-11-39
Suspension from sale, seizure and condemnation of catfish sold in violation of provisions of article.
Any catfish sold in violation of the provisions of this article shall be subject to suspension from sale, seizure and condemnation pursuant to Article 2 of Chapter 2 of this title.
(Acts 1975, No. 1191, p. 2333, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2/section-2-11-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2 - Marketing of Catfish.›Section 2-11-40 - Penalty for Violations of Provisions of Article for Which No Civil Penalty Provide... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2 - Marketing of Catfish. › Section 2-11-40 - Penalty for Violations of Provisions of Article for Which No Civil Penalty Provided. | Section 2-11-40
Penalty for violations of provisions of article for which no civil penalty provided.
Any person who violates any provision of this article for which no other civil penalty is provided by this article shall, upon conviction, be subject to a fine of not more than $500.00; provided, that no person shall be subject to penalties under this section for receiving for transportation any article in violation of this article if such receipt was made in good faith, unless such person refuses to furnish, on request of a representative of the commissioner, the name and address of the person from whom he received such article and copies of all documents, if any there be, pertaining to the delivery of the article to him.
(Acts 1975, No. 1191, p. 2333, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-2a/section-2-11-45/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 2A›Section 2-11-45 - Weighing Procedures; Printed Ticket. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 2A › Section 2-11-45 - Weighing Procedures; Printed Ticket. | Section 2-11-45
Weighing procedures; printed ticket.
(a) When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water in the weighing baskets.
(b) The processor shall also use a weighing device that is of a type suitable for the weighing of farm-raised catfish and subject to the provisions of Article 1, commencing with Section 8-16-1, of Chapter 16 of Title 8. The weighing device shall electronically print a ticket which provides an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the owner of the catfish. The ticket shall also include, but is not limited to, all of the following:
(1) The name and address of the processor.
(2) The name of the owner of the catfish being weighed.
(3) The date the catfish are weighed.
(4) The signature of the individual who weighed the farm-raised catfish recorded on the weight ticket.
(5) Any additional information the Commissioner of Agriculture and Industries deems necessary for the lawful and accurate recording of the weight of farm-raised catfish.
(c) The device should print zero (0) before each weighing.
(d) Deductions for trash fish, turtles, and other foreign materials shall be determined by a separate electronic weighing of the trash fish, turtles, and other foreign materials with a printed ticket provided to the producer.
(Act 2006-189, p. 267, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-50 - Article Not Applicable to Saltwater Fish and Seafood. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-50 - Article Not Applicable to Saltwater Fish and Seafood. | Section 2-11-50
Article not applicable to saltwater fish and seafood.
This article shall not apply to saltwater fish and seafoods.
(Acts 1969, No. 311, p. 646, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-51 - Commissioner Authorized to Make Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-51 - Commissioner Authorized to Make Rules and Regulations. | Section 2-11-51
Commissioner authorized to make rules and regulations.
The Commissioner of Agriculture and Industries, with the approval of the Board of Agriculture and Industries, may prescribe rules and regulations for carrying out the purposes of this article, including the fixing of fees which shall be reasonable and as nearly as may be to cover the cost of the service rendered.
(Acts 1969, No. 311, p. 646, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-52 - Establishment and Alteration of Grades and Standards. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-52 - Establishment and Alteration of Grades and Standards. | Section 2-11-52
Establishment and alteration of grades and standards.
The commissioner, with the approval of the Board of Agriculture and Industries, may establish and promulgate official grades and standards for farm products and fish produced and processed within the state for the purpose of sale and may from time to time amend or modify such grades and standards. Such official grades and standards may be promulgated so as to apply regardless of the stage of processing or of the form in which such farm products and fish are sold. Before establishing, amending or modifying any such grades or standards, the said commissioner shall hold public hearings in such places within the state as shall be most convenient to producers of the commodity under consideration. Notice of such hearings shall be advertised for three successive weeks prior thereto in a newspaper or newspapers of general circulation within the county where the hearing is to be held and shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information with a view to establishing grades or standards for farm products and fish.
(Acts 1969, No. 311, p. 646, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-53 - Adoption of Brands, Labels or Trademarks; Application for Use; Revocation or Suspe... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-53 - Adoption of Brands, Labels or Trademarks; Application for Use; Revocation or Suspension of Right to Use. | Section 2-11-53
Adoption of brands, labels or trademarks; application for use; revocation or suspension of right to use.
The commissioner, with the approval of the Board of Agriculture and Industries, may determine or design brands or labels for identifying farm products or fish packed and processed in accordance with the official grades and standards established as provided by law and may furnish information to packers and shippers as to where such labels may be obtained. A written application to the said commissioner requesting permission to use said brands or labels and a written acceptance thereto by the said commissioner or his duly authorized assistants shall be a condition precedent to the use of such brands or labels. The said commissioner, with the approval of said board, may revoke or suspend the right to use such brands or labels whenever it appears on investigation that they have been used to identify farm products or fish not in fact conforming to the grade indicated.
(Acts 1969, No. 311, p. 646, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-54 - Publicity as to Establishment of Grades, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-54 - Publicity as to Establishment of Grades, Etc. | Section 2-11-54
Publicity as to establishment of grades, etc.
Upon the establishment of the grades or standards, brands or labels, the commissioner shall give due publicity through the newspapers of the state, setting forth the grade or grades so established and the date on which such establishment is to become effective, and shall distribute information explaining the same and their use.
(Acts 1969, No. 311, p. 646, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-55 - Unauthorized Use of Brand or Label. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-55 - Unauthorized Use of Brand or Label. | Section 2-11-55
Unauthorized use of brand or label.
After notice of the establishment of grades or standards and the determination of brands and labels, it shall be unlawful to use a brand or label to identify farm products and fish as being of a grade established before a permit is granted or after the revocation of the right to use such brand or label by the commissioner, with the approval of said board. Violations of this section shall be punishable for the first offense by a fine of not more than $50.00 and for subsequent offenses by a fine of not more than $200.00.
(Acts 1969, No. 311, p. 646, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-56/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-56 - Inspection of Farm Products and Fish; Certificate. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-56 - Inspection of Farm Products and Fish; Certificate. | Section 2-11-56
Inspection of farm products and fish; certificate.
The commissioner or his duly authorized agents may inspect farm products and fish marked, branded or labeled in accordance with official grades or standards established and promulgated by the said commissioner, with the approval of the Board of Agriculture and Industries, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection, the grade, condition and approximate quality of the farm products and fish inspected and such other pertinent facts as the said commissioner, with the approval of the said board, may require. Such a certificate relative to the condition or quality of said farm products and fish shall be prima facie evidence in all courts of the state of the facts required to be stated therein.
(Acts 1969, No. 311, p. 646, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-57/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-57 - Right of Entry; Samples; Obstructing Commissioner, etc., in Performance of Duty. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-57 - Right of Entry; Samples; Obstructing Commissioner, etc., in Performance of Duty. | Section 2-11-57
Right of entry; samples; obstructing commissioner, etc., in performance of duty.
The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products and fish are marked, branded or labeled in accordance with official grades established and promulgated by the said commissioner, with the approval of the Board of Agriculture and Industries, or are being marketed or held for commercial purposes. He shall have power, in person or by deputy, to open any bags, crates or other containers containing said farm products and fish and to examine the contents thereof and may, upon tendering the market price, take samples therefrom. Whoever obstructs or hinders the said commissioner or any of his duly qualified assistants in the performance of his duties under this article shall be punished by a fine of not less than $10.00 nor more than $100.00.
(Acts 1969, No. 311, p. 646, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-58/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-58 - Disposition of Fees and Charges. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-58 - Disposition of Fees and Charges. | Section 2-11-58
Disposition of fees and charges.
All fees and charges collected under this article shall be deposited with the State Treasurer to the credit of the Department of Agriculture and Industries.
(Acts 1969, No. 311, p. 646, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-3/section-2-11-59/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 3 - Grading and Standards of Farm Products and Fish Generally.›Section 2-11-59 - Article Cumulative. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 3 - Grading and Standards of Farm Products and Fish Generally. › Section 2-11-59 - Article Cumulative. | Section 2-11-59
Article cumulative.
This article is cumulative and is not intended to replace any similar laws in effect on August 12, 1969.
(Acts 1969, No. 311, p. 646, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-70/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-70 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-70 - Definitions. | Section 2-11-70
Definitions.
For the purpose of this article, the following terms shall have the meanings respectively ascribed to them in this section:
(1) PERSON. Any individual, partnership, corporation or association.
(2) CONTAINER. Any bag, sack, crate, carton, package, box, hamper, basket or other receptacle in which fresh fruits and vegetables are packed for shipment, movement, transportation, or sale.
(3) FRESH FRUITS AND VEGETABLES. Green corn, tomatoes, Irish potatoes, sweet potatoes, peaches, strawberries, cucumbers (sold for slicing purposes) or cabbages.
(4) OFFICIAL GRADES. The grade or grades adopted by the Commissioner of Agriculture and Industries with the approval of the State Board of Agriculture and Industries, as provided in Section 2-11-72 for determining the grade, quality, classification or condition of fresh fruits and vegetables.
(Acts 1953, No. 887, p. 1192, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-71/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-71 - Declaration of Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-71 - Declaration of Purpose. | Section 2-11-71
Declaration of purpose.
The purpose of this article is to improve the grade and quality of fresh fruits and vegetables produced in Alabama in order that they may sell in competition with those produced in other areas. The fruit and vegetable industry is of great economic importance not only to the farmers of Alabama but to the general economy of the state, and it has been found that fruits and vegetables produced and packed in Alabama are generally of substandard quality. Other states have enacted laws providing for accurate labeling and shipping point inspection and grading of fruits and vegetables which has resulted in improving their quality and grade to the economic gain and benefit of producers. Therefore, it is deemed for the best interest of the agricultural economy of the State of Alabama to regulate the shipping and packing of fresh fruits and vegetables in containers by requiring accurate labeling and requiring inspection and grading for such products under certain conditions as provided in this article.
(Acts 1953, No. 887, p. 1192, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-72/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-72 - Official Grades; Issuance of Certificates of Inspection. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-72 - Official Grades; Issuance of Certificates of Inspection. | Section 2-11-72
Official grades; issuance of certificates of inspection.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall have authority to adopt and promulgate official grades for the purpose of determining the grade, quality, classification or condition of fresh fruits and vegetables grown in the State of Alabama, and the commissioner, with the approval of the Board of Agriculture and Industries, is authorized to adopt as official grades for fresh fruits and vegetables such grades as have been promulgated by the United States Department of Agriculture. The grades for fresh fruits and vegetables adopted under this section shall be official grades therefor. The Commissioner of Agriculture and Industries, through agents duly designated by him, is authorized to issue certificates of inspection certifying as to the grade of fresh fruits and vegetables inspected by such agents. Certificates of inspection issued by the United States Department of Agriculture certifying official grades shall be recognized as complying with this article where certificates of inspection are required under this article.
(Acts 1953, No. 887, p. 1192, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-73/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-73 - Labeling Requirements. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-73 - Labeling Requirements. | Section 2-11-73
Labeling requirements.
If fresh fruits and vegetables are sold, offered for sale, transported for sale, shipped, moved or transported in containers and an official grade is marked on such container or on the label thereof or tag attached thereto, the grade so marked thereon shall conform to the grade of fresh fruits and vegetables packed in such containers. Any container of fresh fruits or vegetables not labeled to comply with the requirements of this section is declared to be misbranded, and such fresh fruits and vegetables shall be subject to suspension from sale, seizure and condemnation as now provided by law under the provisions of Article 2, Chapter 2 of this title.
(Acts 1953, No. 887, p. 1192, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-74/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-74 - Inspection Certificate Required. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-74 - Inspection Certificate Required. | Section 2-11-74
Inspection certificate required.
Every grower, packer, shipper, broker, merchant, consignor or other person who places an official grade on containers or labels thereof or tags attached thereto in which fresh fruits and vegetables are placed for shipment, movement, transportation or sale shall have in his possession a certificate of inspection issued by the Commissioner of Agriculture and Industries under the provisions of Section 2-11-72 certifying that the grade of such fruits and vegetables is the grade which is marked on the container, its label or tag. It shall be unlawful for any person to stamp, imprint or otherwise place an official grade on containers of fresh fruits and vegetables without having a certificate as required in this section.
(Acts 1953, No. 887, p. 1192, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-75/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-75 - Compulsory Inspection and Labeling in Certain Areas. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-75 - Compulsory Inspection and Labeling in Certain Areas. | Section 2-11-75
Compulsory inspection and labeling in certain areas.
When the State Board of Agriculture and Industries determines that a better grade and quality of fresh fruits and vegetables will be produced in any area in the State of Alabama by requiring that such fresh fruits and vegetables be inspected in order that an official grade may be marked upon containers, labels or tags of containers in which fresh fruits and vegetables are packed, the State Board of Agriculture and Industries shall have authority to require that fresh fruits and vegetables moved or transported from such area in containers shall be inspected prior to movement or shipment and the grade thereof properly marked or imprinted upon such containers. The State Board of Agriculture and Industries is hereby authorized to require inspection, grading and labeling of any of the agricultural products defined in this article as fresh fruits and vegetables prior to shipment from the area in the State of Alabama designated by such board. Such authority shall be exercised only after an investigation of the conditions in any area or areas and after public hearings are held following publication of notice thereof in order that producers and shippers may be heard as to whether it is for their best interest to require such inspection. The State Board of Agriculture and Industries may, for the purpose of determining an area or areas in which compulsory inspection of fresh fruits and vegetables shall apply, use county boundaries in designating such areas. After the State Board of Agriculture and Industries has designated any area or areas of the State of Alabama in which fresh fruits and vegetables must be inspected prior to shipment or movement out of such area, such board shall be authorized and empowered to adopt rules and regulations to carry out the evident intent and purpose of this section by providing for the manner and method of inspection, labeling, transportation or movement of fresh fruits and vegetables from such areas, and may exempt movements of certain quantities of fresh fruits and vegetables from inspection and labeling requirements when it finds that such action will be consistent with the intent and purpose of this section. It shall be unlawful to ship, move or transport fresh fruits and vegetables in violation of any of the provisions of this section or rules and regulations adopted and promulgated hereunder. Compulsory inspection and labeling shall not be required by the Commissioner of Agriculture and Industries or the State Board of Agriculture and Industries unless the testimony at the hearing held under this section has been transcribed in writing and it appears from such testimony that a majority of growers and shippers in the area affected favor such inspection and labeling.
(Acts 1953, No. 887, p. 1192, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-76/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-76 - Administration and Enforcement; Powers of Commissioner; Fees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-76 - Administration and Enforcement; Powers of Commissioner; Fees. | Section 2-11-76
Administration and enforcement; powers of commissioner; fees.
The Commissioner of Agriculture and Industries, through any designated division of the state Department of Agriculture and Industries, shall be charged with the administration and enforcement of the provisions of this article, and for that purpose he shall have the power and authority to:
(1) Enter and inspect personally, or through any authorized agent, inspector or employee, every place within the State of Alabama where fresh fruits and vegetables are produced, packed, stored, shipped, sold or offered for sale, and it shall be unlawful for any person to resist, prevent or refuse to allow such entrance or inspection;
(2) Issue to growers, packers, shippers and others certificates of inspection certifying the grade, quality, classification or condition of fruits and vegetables as provided in this article;
(3) Charge reasonable fees designed to cover the cost of these services, which fees, together with all moneys collected in the enforcement of this article, including fines collected under the penalty provisions, shall be deposited in the Shipping Point Inspection Fund of the State Treasury to be reexpended in carrying out the provisions of this article; provided, that the amount of inspection fee charges shall be approved by the State Board of Agriculture and Industries.
(Acts 1953, No. 887, p. 1192, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-77/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-77 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-77 - Rules and Regulations. | Section 2-11-77
Rules and regulations.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall have power and authority to promulgate reasonable rules and regulations for the purpose of carrying out the evident intent and purpose of this article.
(Acts 1953, No. 887, p. 1192, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-78/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-78 - Penalty. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-78 - Penalty. | Section 2-11-78
Penalty.
Every person who, by himself or his agents, servants or employees, shall violate any of the provisions of this article or rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by law.
(Acts 1953, No. 887, p. 1192, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-4/section-2-11-79/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 4 - Grading and Standards of Fruits and Vegetables.›Section 2-11-79 - Injunction. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 4 - Grading and Standards of Fruits and Vegetables. › Section 2-11-79 - Injunction. | Section 2-11-79
Injunction.
In addition to other remedies for the enforcement of the provisions of this article, any person who violates any of the provisions of this article may be restrained or enjoined from violating the same by proper proceedings instituted by the Commissioner of Agriculture and Industries, as petitioner, in any court having jurisdiction to grant injunctive relief. Such proceedings shall be filed in the county where the violation occurs. In any such proceedings for injunctive relief, no bond for such petitioner shall be required.
(Acts 1953, No. 887, p. 1192, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-90 - Commissioner's Duties. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-90 - Commissioner's Duties. | Section 2-11-90
Commissioner's duties.
The commissioner shall put into effect the provisions of this article relative to the grading and inspection of grains for which standards have been established by the State Board of Agriculture and Industries.
(Ag. Code 1927, §321; Code 1940, T. 2, §316.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-91 - State Board of Agriculture and Industries' Powers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-91 - State Board of Agriculture and Industries' Powers. | Section 2-11-91
State Board of Agriculture and Industries' powers.
The State Board of Agriculture and Industries shall have the power to establish standards and uniform grades for grain, which are hereby defined as including corn (maize), wheat, rye, oats, barley, grain, sorghum and beans. In establishing grades for grain that is sold on a dockage basis, dockage shall be considered and such dockage that is of value and retained shall be paid for. Dockage as used therein shall be understood to mean dockage as defined in the official grain standards of the United States.
Said board shall have the power to make, amend or repeal rules and regulations for the grading and inspection of grain, for the purpose of carrying out the provisions of this article. All such rules shall be published in such manner as to give proper publicity thereto.
Such board shall also have the power to fix and determine all charges for sampling, grading and inspecting grain.
(Ag. Code 1927, §322; Code 1940, T. 2, §317.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-92 - Stations for Inspection; Grade Certificates. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-92 - Stations for Inspection; Grade Certificates. | Section 2-11-92
Stations for inspection; grade certificates.
The commissioner, with the approval of the Board of Agriculture and Industries, may establish official stations for the inspection of grain at any town or place where grain is bought, sold, marketed, stored or manufactured. The commissioner shall inspect and grade upon request all grain sold, offered for sale or consigned for sale. He shall issue a uniform grade certificate stating the kind and grade of grain, test weight per bushel and the reason for all grade below number one and such other facts as he may require. None of the facts certified in such certificate shall be presumed to continue or exist beyond 60 days after the date of such certificate. Certificates issued by authorized agents of the commissioner shall be received in all courts of the State of Alabama as prima facie evidence of the truth of the statements therein contained at the time of the issuance of said certificate and for 60 days thereafter. Such certificates shall be delivered to the owner of such grain or his agent.
(Ag. Code 1927, §323; Code 1940, T. 2, §318.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-93 - Designation of Inspectors to Grade Grain; Interest in Grain Warehouse or Elevator. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-93 - Designation of Inspectors to Grade Grain; Interest in Grain Warehouse or Elevator. | Section 2-11-93
Designation of inspectors to grade grain; interest in grain warehouse or elevator.
The commissioner may designate any person as inspector under the provisions of this article who is eligible for a license under the United States Grain Standards Act. No employee of the Department of Agriculture and Industries engaged in the inspecting or grading of grain under the provisions of this article shall be interested, financially or otherwise, directly or indirectly, in any grain elevator or warehouse or in the merchandising of grain or be employed by any person, firm or corporation owning or operating any grain warehouse or elevator.
(Ag. Code 1927, §324; Code 1940, T. 2, §319.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-94 - Inspector's Certificate of Authority. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-94 - Inspector's Certificate of Authority. | Section 2-11-94
Inspector's certificate of authority.
The commissioner shall issue to each employee authorized to grade and inspect grains under this article a certificate showing such authority, which shall be posted in a permanent and conspicuous place at the official station of such employee.
(Ag. Code 1927, §325; Code 1940, T. 2, §320.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-95/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-95 - Sale Without Certificate of Grade. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-95 - Sale Without Certificate of Grade. | Section 2-11-95
Sale without certificate of grade.
Whenever standards and grades shall have been fixed and established under the provisions of this article for any grain, it shall be unlawful thereafter for any person, firm or corporation to buy or sell grain designed for intrastate shipment on the basis of any standard or grade that may be established under the authority of this article without first having secured certificates of grade from the commissioner.
(Ag. Code 1927, §326; Code 1940, T. 2, §321.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-96/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-96 - Grading by Samples. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-96 - Grading by Samples. | Section 2-11-96
Grading by samples.
The grade of grain shall be determined at such points as inspectors of the department may be located, by actual sampling, grading and inspection. Such grain delivered at points where an agent or inspector of the department may not be located shall be graded on the basis of fair samples guaranteed to be such in writing by the buyer and seller. Such samples shall be taken in the manner prescribed by the commissioner, under the rules and regulations promulgated by the State Board of Agriculture and Industries. Certificates issued on the basis of fair samples guaranteed to be such by the buyer and seller shall state only the grade of such samples.
(Ag. Code 1927, §327; Code 1940, T. 2, §322.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-97/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-97 - Appeal From Grading. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-97 - Appeal From Grading. | Section 2-11-97
Appeal from grading.
(a) Any person aggrieved by the grading by any employee of the commissioner of any grain for which federal standards have been adopted by the state may appeal such grading in accordance with the provisions of the United States Grain Standards Act and regulations promulgated thereunder.
(b) Any person aggrieved by the grading by any employee of the commissioner of any grain for which federal standards have not been fixed but for which state grades have been established under the provisions of this article may appeal the question to the commissioner. The commissioner shall make such tests as shall be deemed necessary to determine the correct grade of the grain in question and, after making such tests, shall issue or cause to be issued an appeal grade certificate to all interested parties. Said certificate shall take such form as is prescribed by the commissioner in the rules and regulations promulgated by the State Board of Agriculture and Industries. Such certificate shall be prima facie evidence of the correct grade of the grain in any court of the State of Alabama. The commissioner shall charge, assess and cause to be collected for each such appeal as is filed with the Department of Agriculture and Industries a fee of $5.00 which shall be paid to the commissioner, and same shall be refunded if the appeal is sustained.
(c) Any appeal from inspection and grading made under the provisions of this article shall be taken before the grain leaves the place where the inspection appealed from was made and before the identity of the grain has been lost, under such rules and regulations as the commissioner may prescribe. Any buyer of grain buying under the standards and grades of this article shall be entitled to appeal from any inspection or grading made under the provisions of this article at any time within two days of the transfer or delivery to said buyer by any seller of any certificate issued under the provisions of this article and regardless of any movement of said grain.
(Ag. Code 1927, §328; Code 1940, T. 2, §323.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-98/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-98 - Publication of Grain Standards. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-98 - Publication of Grain Standards. | Section 2-11-98
Publication of grain standards.
The commissioner shall cause all grades established under this article to be published in one or more newspapers or farm journals of general circulation throughout the state, with the dates when such grades so established shall become effective, which shall not be less than 30 days from the date of such publication. Official grades shall be kept on file in every official grading station for public inspection.
(Ag. Code 1927, §329; Code 1940, T. 2, §324.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-99/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-99 - Apparatus for Testing and Grading. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-99 - Apparatus for Testing and Grading. | Section 2-11-99
Apparatus for testing and grading.
The commissioner shall provide proper sieves, cleaning devices and other apparatus necessary for separating dockage from grain, grain testers, strokers and such other tools as shall be approved by the United States Department of Agriculture.
(Ag. Code 1927, §330; Code 1940, T. 2, §325.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-100 - Inspection. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-100 - Inspection. | Section 2-11-100
Inspection.
The commissioner and his duly authorized employees may enter and inspect any place where grain is stored, shipped, sold or offered for sale for the purpose of carrying out the provisions of this article. The commissioner and his duly authorized employees may, for the purpose of inspection and examination of grain, break the seals of cars; and, after such inspection has been made, the said officials shall securely close and reseal such doors as have been opened by them, using the special seal provided by the Department of Agriculture and Industries for the purpose. A record of all original seals broken by said officials and the date when broken and also a record of all state seals substituted therefor and the date and number of said seals shall be made by such officials. Any person who forcibly assaults, resists, impedes or interferes with said commissioner or his employees in the execution of any duty authorized to be performed by him under this article shall be guilty of a misdemeanor.
(Ag. Code 1927, §332; Code 1940, T. 2, §326.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-101 - Disposition of Funds and Fees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-101 - Disposition of Funds and Fees. | Section 2-11-101
Disposition of funds and fees.
Any funds or fees collected under this article shall accrue to the Agricultural Fund and shall be used for the purpose of defraying the expenses of a proper enforcement of the provisions of this article.
(Ag. Code 1927, §333; Code 1940, T. 2, §327.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-102 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-102 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | Section 2-11-102
Applicability of laws relative to inspection, suspension from sale, seizure, etc.
The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this article. |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-5/section-2-11-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 5 - Grading and Standards of Grain.›Section 2-11-103 - Violations of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 5 - Grading and Standards of Grain. › Section 2-11-103 - Violations of Article. | Section 2-11-103
Violations of article.
Any person violating any of the provisions of this article shall be guilty of a misdemeanor.
(Ag. Code 1927, §331; Code 1940, T. 2, §328.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-6/section-2-11-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 6 - Labeling and Marketing of Honey Products.›Section 2-11-120 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 6 - Labeling and Marketing of Honey Products. › Section 2-11-120 - Definitions. | Section 2-11-120
Definitions.
The terms "honey," "liquid or extracted honey," "strained honey" or "pure honey" as used in this article, shall mean the nectar of plants that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and marketed in a liquid, crystalized or granulated condition.
(Acts 1981, No. 81-373, p. 549, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-6/section-2-11-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 6 - Labeling and Marketing of Honey Products.›Section 2-11-121 - Labeling Requirements - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 6 - Labeling and Marketing of Honey Products. › Section 2-11-121 - Labeling Requirements - Generally. | Section 2-11-121
Labeling requirements - Generally.
(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey," "liquid or extracted honey," "strained honey" or "pure honey" which is not pure honey, nor may the label of any such article or product in imitation or semblance of honey, depict thereon a picture or drawing of a bee, beehive or honeycomb.
(b) No person, firm, association, company or corporation shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as honey which shall be made up of honey mixed with any other substance or ingredient.
(c) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed, there shall be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word "honey," unless such article is pure honey.
(Acts 1981, No. 81-373, p. 549, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-6/section-2-11-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 6 - Labeling and Marketing of Honey Products.›Section 2-11-122 - Labeling Requirements - Use of "Imitation" and "honey." | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 6 - Labeling and Marketing of Honey Products. › Section 2-11-122 - Labeling Requirements - Use of "Imitation" and "honey." | Section 2-11-122
Labeling requirements - Use of "imitation" and "honey."
The word "imitation" shall not be used in the name of a product which is in semblance of honey whether or not it contains any honey. The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product and the relative position of the word "honey" in the product name, and in the list of ingredients, when required, shall be determined by its prominence as an ingredient in the product.
(Acts 1981, No. 81-373, p. 549, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-11/article-6/section-2-11-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish.›Article 6 - Labeling and Marketing of Honey Products.›Section 2-11-123 - Penalty. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish. › Article 6 - Labeling and Marketing of Honey Products. › Section 2-11-123 - Penalty. | Section 2-11-123
Penalty.
Any person convicted of violating the provisions of this article shall be guilty of a Class B misdemeanor as defined in Title 13A.
(Acts 1981, No. 81-373, p. 549, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-1 - Definitions. | Section 2-12-1
Definitions.
For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning:
(1) DEALER. Any person who sells or offers eggs for sale in this state.
(2) PERSON. Any individual, firm, partnership, corporation or association.
(3) EGGS. The eggs of a domesticated chicken hen, which eggs are in the shell.
(4) ALABAMA EGGS. Eggs which are produced in the State of Alabama.
(5) GRADE. The quality of eggs to be determined by candling pursuant to standards or classifications for quality which are adopted and promulgated under Section 2-12-3.
(6) WEIGHT CLASS. The size of eggs to be determined by weighing pursuant to standards or classifications for size which are adopted and promulgated under Section 2-12-3.
(7) WHOLESALE. Such term shall include the sale of eggs by a dealer to a retailer or to another wholesaler.
(8) RETAIL. The sale of eggs to the user or consumer.
(9) PRODUCER. A person who sells eggs of his own hens' production only.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §1; Acts 1961, Ex. Sess., No. 194, p. 2167, §1; Acts 1975, No. 342, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-2 - Sale Requirements. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-2 - Sale Requirements. | Section 2-12-2
Sale requirements.
It shall be unlawful:
(1) For any dealer to offer for sale or sell any case of eggs or partial case of eggs without clearly imprinting thereon or securely attaching thereto a label on which there shall be plainly and legibly printed the name and the address of the packer of said eggs, the grade and weight class to which the eggs contained therein conform and the date on which the eggs were graded. The label and the printed matter required to appear thereon shall be of a size to be prescribed by regulations adopted by the State Board of Agriculture and Industries;
(2) For any dealer to offer for sale or sell eggs in any carton or other type of package without clearly designating thereon the name and address of the packer of said eggs or person responsible for such packing, the grade and weight class to which the eggs contained therein conform and the date on which the eggs were graded. Grade and weight class designations required on cartons or other packages shall be in letters of a size to be prescribed by regulations adopted by the State Board of Agriculture and Industries, and said board is also authorized to provide or establish by regulations an alternate or optional method under which the date on which the eggs were graded as required to be shown on any case, carton or other container of eggs under subsection (a) of this section and this subsection may be shown or designated thereon by a code number system, abbreviations, an expiration date or in any other manner approved by the board whereby the date on which the eggs are graded can be ascertained therefrom by the Commissioner of Agriculture and Industries, his agents or employees;
(3) For any dealer to offer for sale or sell eggs in bulk (not in cases, cartons, packages or other containers) from any open case, box, basket, crate or other receptacle holding such eggs in bulk without displaying conspicuously on every such receptacle a placard or heavy cardboard not smaller than seven inches by seven inches in size on which there shall be legibly and plainly printed the grade and weight class to which the eggs contained therein conform in letters not smaller than one inch in height;
(4) For any dealer or other person to offer eggs for sale by means of any newspaper advertisement, circular, window displays, radio, television or other form of advertising when the price of eggs offered for sale is designated without plainly designating in such advertisements the grade and weight class to which the eggs so advertised and offered for sale conform;
(5) For any dealer or other person to use the term "Alabama" in connection with the advertisement and sale of eggs not produced in this state;
(6) For any dealer or other person to use the word or words "fresh," "strictly fresh," "hennery eggs," "country," "locally produced," "day-old," "select," "guaranteed," "certified" or any other similar descriptive terms in connection with the advertising or sale of any eggs, unless such eggs meet the standard minimum requirements for consumer grade A eggs or consumer grade AA eggs as such grades are prescribed under the provisions of this chapter;
(7) For any dealer or other person to sell or offer for sale eggs not fit for human food as such eggs are defined under grades and standards established by the State Board of Agriculture and Industries under the provisions of this chapter;
(8) For any dealer to sell or offer for sale eggs unless the grade and weight class designation stated on the label, placard, sign or advertisement correctly states the grade and weight class to which the eggs conform;
(9) For any dealer to sell or offer for sale eggs unless such dealer has a permit as required under Section 2-12-4; or
(10) For any dealer to sell or offer for sale eggs in violation of any rule or regulation adopted and promulgated under the provisions of this chapter.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §2; Acts 1955, No. 531, p. 1179; Acts 1975, No. 342, p. 876, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-3 - Grades, Standards and Weight Classes. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-3 - Grades, Standards and Weight Classes. | Section 2-12-3
Grades, standards and weight classes.
To provide for uniformity in the marketing of eggs, the Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall adopt and promulgate, from time to time, reasonable classifications or standards for grades of quality and weight classifications or standards for the size of eggs to be sold or offered for sale in this state, and such grades and weight classes shall, so far as practicable, be consistent with the standards and classifications for grades and weight classes of the United States Department of Agriculture and the tolerances allowed thereunder as such standards, grades and weight classes are now established or may hereafter be amended. Eggs unfit for human consumption may also be defined by the State Board of Agriculture and Industries.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-4 - Permits for Sale of Eggs Required; Permit Fee; Delinquency Penalty; Revocation of P... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-4 - Permits for Sale of Eggs Required; Permit Fee; Delinquency Penalty; Revocation of Permits and Appeals Therefrom. | Section 2-12-4
Permits for sale of eggs required; permit fee; delinquency penalty; revocation of permits and appeals therefrom.
Every retail dealer who sells eggs or offers eggs for sale in this state shall obtain a permit from the Commissioner of Agriculture and Industries which authorizes the sale or offering for sale of eggs and which shall be issued free of any cost or charge to the dealer. Such permit shall continue in effect for an indefinite period unless revoked as provided in this section or unless the commissioner requires all such permits previously issued terminated at the end of any fiscal year.
Wholesale egg dealers or any egg producer who shall elect to become subject to the requirements of this chapter, before such a dealer or producer sells eggs or offers eggs for sale in this state, shall apply for and obtain an annual permit to be issued by the Commissioner of Agriculture and Industries which shall expire on September 30 of each year and shall be renewable on or before October 1 of each year. The annual permit fee which shall be paid for each wholesale egg dealer permit shall be $5.00. The application therefor shall be on forms furnished by the commissioner, and the permit fee shall accompany each application, which amount shall be paid on or before October 1 of each year and deposited to the credit of the Egg Inspection Fund of the State Treasury. If the permit fee as required under this section is not paid by November 1 of each year or within 31 days from the date due, a delinquent penalty of 15 percent shall be added to the amount due. Failure or refusal to obtain the required permit and pay the fee due therefor is hereby declared to be unlawful and punishable under the penalty provisions of this chapter. The permits shall be subject to revocation by the Commissioner of Agriculture and Industries if the commissioner finds that the holder thereof is not complying with the requirements of this chapter, including rules and regulations adopted under this chapter. In such case the dealer shall be afforded an opportunity for hearing after at least 15 days' notice. The notice shall state the time and place of the hearing and the reason for the proposed revocation. The commissioner shall prepare or cause to be prepared an official record, which shall include testimony and exhibits, but it shall not be necessary to transcribe shorthand notes unless requested for purposes of court review. The dealer shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. The decision in such a case shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the commissioner's conclusions upon each issue of fact contested. A copy of the decision and order, findings and conclusions shall be delivered to the dealer in person or by registered or certified mail.
Any dealer may appeal the commissioner's decision or order to the circuit court of the county in which he resides or in which his principal place of business is located, by filing a complaint with the register or clerk of such court within 30 days after the service of notice of the decision. A copy of the complaint shall be served on the commissioner, in person or by registered or certified mail. The filing of the complaint shall stay enforcement of the commissioner's decision, unless the court shall order otherwise. The commissioner shall transmit the record in the case to the court within 30 days after the service of the complaint. The review by the court shall be confined to the record. The court may affirm the decision or remand the case for further proceedings, or it may reverse or modify the decision if it was affected by an error of law or was unsupported by substantial evidence or was arbitrary or capricious.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §6; Acts 1961, Ex. Sess., No. 194, p. 2167, §2; Acts 1975, No. 342, p. 876, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-5 - Sales Between Wholesale Dealers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-5 - Sales Between Wholesale Dealers. | Section 2-12-5
Sales between wholesale dealers.
A wholesale dealer who is a holder of a permit issued under the provisions of this chapter may sell or consign eggs to another wholesale dealer who holds such a permit without complying with the labeling requirements of this chapter. Such sales must be accompanied by a proper bill of sale or invoice, and the wholesale dealer to whom such eggs are sold or consigned shall, prior to selling or offering them for sale, comply with all of the requirements of this chapter.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §7; Acts 1961, Ex. Sess., No. 194, p. 2167, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-6 - Exemptions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-6 - Exemptions. | Section 2-12-6
Exemptions.
The provisions of this chapter shall not apply to:
(1) Producers who sell eggs of their own hens' production and who do not sell eggs received or purchased from other sources, unless such a producer elects to come under this chapter by applying for and securing a permit as provided in Section 2-12-4;
(2) Eggs to be used exclusively for hatching purposes; and
(3) Bona fide shipments of eggs in interstate commerce.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §8; Acts 1961, Ex. Sess., No. 194, p. 2167, §4; Acts 1975, No. 342, p. 876, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-7 - Furnishing Duplicate Copies of Invoices to Department of Agriculture and Industries... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-7 - Furnishing Duplicate Copies of Invoices to Department of Agriculture and Industries. | Section 2-12-7
Furnishing duplicate copies of invoices to Department of Agriculture and Industries.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, under rules and regulations adopted for this purpose, shall be authorized to require any dealer granted a permit under this article to furnish to the Department of Agriculture and Industries duplicate copies of invoices or equivalent information showing the consignor, consignee, quantity, source, standard or grades of quality and weight classes of eggs included in any purchase thereof. Nothing contained in this section shall be construed to require the filing of the copy of an invoice of sale to a consumer.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-8 - Administration and Enforcement of Chapter; Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-8 - Administration and Enforcement of Chapter; Rules and Regulations. | Section 2-12-8
Administration and enforcement of chapter; rules and regulations.
The Commissioner of Agriculture and Industries is charged with the administration and enforcement of this chapter, and, in order to execute the provisions thereof, he is authorized and empowered, with the approval of the State Board of Agriculture and Industries, to promulgate reasonable rules and regulations to carry out the provisions of this chapter.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-9 - Suspension From Sale and Seizure; Cost of Inspection and Grading After Suspension. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-9 - Suspension From Sale and Seizure; Cost of Inspection and Grading After Suspension. | Section 2-12-9
Suspension from sale and seizure; cost of inspection and grading after suspension.
(a) Suspension from sale and seizure. Any eggs sold or offered for sale within this state or any eggs which are being transported for sale within this state which are in violation of any of the provisions or requirements of this chapter shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title, which article is applicable to the provisions of this chapter. Any person who moves, transports, sells or in any other manner disposes of any eggs after such eggs have been ordered suspended from sale without written authority from the Commissioner of Agriculture and Industries or his duly authorized agents or employees shall be guilty of a misdemeanor.
(b) Cost of inspection and grading when suspended from sale. Eggs which have been suspended or ordered withheld from sale as authorized under subsection (a) of this section shall not be released for sale, transportation or removal until all costs of the inspection, grading and releasing of such eggs by the Department of Agriculture and Industries shall be paid to the Department of Agriculture and Industries by the person on whose premises such eggs are suspended from sale or by the person who packed, graded and labeled for sale the eggs in cases, cartons, packages or other containers. The amount to be charged and collected for inspecting, grading and releasing eggs, as authorized in this section, together with the responsibility for payment thereof, shall be fixed by the State Board of Agriculture and Industries pursuant to rules and regulations providing for inspecting, grading and releasing eggs which have been ordered suspended or withheld from sale.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §11; Acts 1961, Ex. Sess., No. 194, p. 2167, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-10 - Inspections of Buildings, Vehicles, Records, etc.; Penalty for Failure to Pay Insp... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-10 - Inspections of Buildings, Vehicles, Records, etc.; Penalty for Failure to Pay Inspection Fee or Affix Labels. | Section 2-12-10
Inspections of buildings, vehicles, records, etc.; penalty for failure to pay inspection fee or affix labels.
The Commissioner of Agriculture and Industries, authorized inspectors, employees and agents of the Department of Agriculture and Industries shall have power and authority during business hours to enter any store, market or other building or place where eggs are sold or offered for sale or kept for sale or where such eggs are packaged, graded and labeled in this state or to stop and inspect any truck or other vehicle transporting eggs to be sold or offered for sale in this state and to make such examination or inspection as may be necessary to determine whether any of the provisions of this chapter or of any rule and regulation adopted under this chapter relating to the sale of eggs are being violated. Inspectors, employees and authorized agents of the Department of Agriculture and Industries shall also have power and authority to inspect, examine and review books, records, invoices and other records of purchase and sales of eggs by any person or dealer to determine whether such purchases and sales of eggs comply with the requirements of this chapter. Whenever it is found that any person or dealer has failed to pay the inspection fee or charge levied for the sale or offering for sale of eggs as required under Section 2-9-40 or where it is found that the proper inspection fee labels have not been affixed to containers in which eggs are sold or offered for sale, the Commissioner of Agriculture and Industries is authorized to add a delinquent penalty fee of 15 percent to the amount determined to be due.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §12; Acts 1961, Ex. Sess., No. 194, p. 2167, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-11 - Offenses; Disposition of Fines. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-11 - Offenses; Disposition of Fines. | Section 2-12-11
Offenses; disposition of fines.
Any person who shall perform any of the acts which are declared unlawful by the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this article relating to the sale or offering for sale of eggs or who shall hinder or obstruct any authorized agent of the Commissioner of Agriculture and Industries by refusing to allow entrance at any reasonable time into any place of business for the purpose of enforcing the provisions of this article, including the review of books and records of egg sales, or who violates any rule or regulation duly promulgated under this chapter, shall be guilty of a misdemeanor and punished as now prescribed by law for such offenses. All amounts collected under this chapter as fines shall be deposited into the State Treasury to the credit of the Egg Inspection Fund existing under the provisions of Section 2-9-40.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §13; Acts 1961, Ex. Sess., No. 194, p. 2167, §7.) |
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