Search is not available for this dataset
url
stringlengths 42
388
| state
stringclasses 51
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-2/chapter-12/section-2-12-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 12 - Eggs.›Section 2-12-12 - Injunction. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 12 - Eggs. › Section 2-12-12 - Injunction. | Section 2-12-12
Injunction.
In addition to the penalty provided in this article the Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining order or permanent injunction or both restraining any person from violating or continuing to violate any of the provisions of this article or from failing or refusing to comply with the provisions of this article or any rules or regulations duly promulgated under the provisions of this article. Such a temporary restraining order or permanent injunction shall be issued without bond.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-1 - Definitions. | Section 2-13-1
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:
(1) MILK. The fresh, clean lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 10 days before and five days after calving, and which contains not less than eight and five-tenths percent of solids not fat and not less than three and one-fourth percent of milk fat and not less than 11.75 percent of total solids.
(2) CREAM. That portion of milk rich in milk fats, which rises to the surface of milk standing or is separated from it by centrifugal force, is fresh and clean and contains not less than 18 percent of milk (butter) fat.
(3) BUTTER. The clean, non rancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass, which contains a small portion of other milk constituents, with or without salt or added coloring matter, and contains not less than 80 percent of milk fat nor more than 16 percent of moisture content.
(Ag. Code 1927, §49; Code 1940, T. 2, §187.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-2 - Purpose of Article; Power of Board. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-2 - Purpose of Article; Power of Board. | Section 2-13-2
Purpose of article; power of board.
The purpose of the provisions of this article is to promote the dairying interest of the state, to secure to the public wholesome, clean and nutritious milk, cream, butter and by-products of the same and to prevent frauds upon the public in connection therewith. The State Board of Agriculture and Industries shall have the authority and power and it shall be its duty upon the recommendation of the commissioner to promulgate such rules and regulations as are necessary to accomplish the declared purpose of this article and to secure the enforcement of the provisions of this article; provided, that such rules and regulations shall not invade the domain of the public health laws or ordinances nor restrict the powers of the State Board of Health nor the local boards of health.
(Ag. Code 1927, §48; Code 1940, T. 2, §186.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-4 - Adding or Blending Fat or Oil With Milk or Cream. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-4 - Adding or Blending Fat or Oil With Milk or Cream. | Section 2-13-4
Adding or blending fat or oil with milk or cream.
No person himself or by his servant or agent shall, for the purpose of sale or exchange, add any fat or oil other than milk fat to or blend or compound the same with any milk, cream or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, nor shall any person himself or by his servant or agent sell any milk, cream or skimmed milk in any of the aforesaid forms to which has been added or with which has been blended or compounded any fat or oil other than milk fat.
(Ag. Code 1927, §51; Code 1940, T. 2, §189.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-5 - Sanitation of Premises and Utensils. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-5 - Sanitation of Premises and Utensils. | Section 2-13-5
Sanitation of premises and utensils.
All premises and utensils used in the handling of milk or cream and the by-products of the same and all premises and utensils used in the preparation, manufacture or sale of any food product for man from milk or cream or the by-products of the same which shall be kept in an unclean, filthy or noxious condition are hereby declared to be unsanitary.
(Ag. Code 1927, §52; Code 1940, T. 2, §190.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-6 - Utensils to Be Cleaned by Purchaser. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-6 - Utensils to Be Cleaned by Purchaser. | Section 2-13-6
Utensils to be cleaned by purchaser.
Any person within the state who receives in cans, bottles or other vessels any milk or cream, ice cream or other dairy products intended for human food, when such vessels are to be returned, shall cause the said cans, bottles or other vessels to be thoroughly washed and cleaned before returning.
(Ag. Code 1927, §53; Code 1940, T. 2, §191.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-7 - Milk From Diseased Cows; Unsanitary Premises or Utensils. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-7 - Milk From Diseased Cows; Unsanitary Premises or Utensils. | Section 2-13-7
Milk from diseased cows; unsanitary premises or utensils.
It shall be unlawful for any person engaged in the business of handling or selling milk or cream or any by-product of the same or in the preparation, manufacture, or sale of any food products for man from milk or cream or any by-product of the same to maintain his premises or utensils in an unsanitary condition or to knowingly sell milk or cream drawn from sick or diseased cows or cows kept in an unsanitary place or cows fed on unwholesome feeds or slops.
(Ag. Code 1927, §54; Code 1940, T. 2, §192.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-8 - Businesses for Which Permit From Commissioner Required; Duration; Application; Fili... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-8 - Businesses for Which Permit From Commissioner Required; Duration; Application; Filing Fee. | Section 2-13-8
Businesses for which permit from commissioner required; duration; application; filing fee.
Every cream station, receiving station, shipping station, creamery, cheese factory, ice cream factory or condensory or any person buying or paying for milk or cream on the basis of the butterfat contained therein shall be required to secure from the commissioner a permit to engage in such business. Such permit, unless sooner revoked, shall be valid until the next succeeding January 1. Application for such permit shall be made to the commissioner upon forms prescribed by the commissioner and approved by the State Board of Agriculture and Industries and shall be accompanied by a filing fee of $1.00. It shall be the duty of the applicant to give all information required on said application blank.
(Ag. Code 1927, §55; Code 1940, T. 2, §193.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-9 - License for Operation of Testing Apparatus. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-9 - License for Operation of Testing Apparatus. | Section 2-13-9
License for operation of testing apparatus.
It shall be unlawful for any person to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk or cream for the purpose of purchasing the same, either for himself or another, without first securing a license from the commissioner, who shall issue such license upon a form prepared by him, upon payment of a fee of $1.00, which license shall be valid, unless sooner revoked, until the next succeeding January 1. The applicant for such license shall pass a satisfactory personal examination that shall satisfy said commissioner that he is competent and qualified to operate and use such apparatus and make an accurate test with the same. The license may be revoked by the commissioner when it shall be shown that such licensed person is incompetent or unreliable. Any person making application for a tester's license may be issued a permit by the commissioner to do testing until such time as a personal examination can be given by the commissioner or his duly authorized agent. The testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this article. Any licensed person may, for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to exceed 15 days, subject to the approval of said commissioner.
(Ag. Code 1927, §56; Code 1940, T. 2, §194.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-10 - Use of Standard Test Required. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-10 - Use of Standard Test Required. | Section 2-13-10
Use of standard test required.
It shall be unlawful for any person, either for himself or another, to falsely manipulate or underread or overread or take inaccurate samples or make any false determinations by Babcock test or any other contrivance used to determine the quantity of fat in milk or cream or the value of milk or cream delivered to a creamery, cheese factory, condensory, ice cream plant, milk plant or milk depot or when sold or purchased. The test shall be clear oil, free from sediment, solids or other foreign substance, and must be read at a temperature of 125 degrees to 140 degrees Fahrenheit. Test cream shall be weighed. The scales must be sensitive and accurate. The tester and owner or owners are jointly responsible for their accuracy. All licensed receiving stations, conducted for the purchase of butterfat either in the form of cream or milk shall retain in a cool, clean, sanitary place and in tightly stopped bottles or tightly covered jars the exact, properly labeled samples of cream or milk from which the butterfat test has been conducted, until 4:00 P.M. of the day following the application of the test where daily testing is practiced, and until 4:00 P.M. of the second day following the application of the test where composite testing of individual deliveries is practiced.
(Ag. Code 1927, §57; Code 1940, T. 2, §195.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-11 - Ice Cream Defined and Standardized. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-11 - Ice Cream Defined and Standardized. | Section 2-13-11
Ice cream defined and standardized.
For the purpose of this article, ice cream is hereby defined and standardized as follows: Ice cream is the frozen compound, varied as to kind and proportion of ingredients, within the limit established by custom and usage. Ice cream consists chiefly of a sweetened and flavored mixture of cream or milk and cream or milk with or without added milk fat in the form of sound, sweet butter or as contained in condensed, evaporated or concentrated milk or in milk powder and with or without added milk solids not fat and in the form of skimmed milk powder or as contained in milk powder or in condensed, evaporated or concentrated skimmed milk or of sweetened and flavored homogenized or emulsified mixture of sound, sweet butter, milk powder or skimmed milk powder and water, with the addition of gelatin, vegetable gums or other wholesome stabilizer. Standard ice cream contains not less than 10 percent butterfat, and the total content of solids shall be not less than 33 percent; except, that when the ingredients of standard ice cream include eggs, fruit or fruit juices, cake confection, cocoa or chocolate or nuts, such reduction of the percentage of butterfat as may be due to the addition of such ingredients shall be allowed, provided such milk fat content is not less than eight percent.
(Ag. Code 1927, §58; Code 1940, T. 2, §196.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-12 - Adulterated Ice Cream. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-12 - Adulterated Ice Cream. | Section 2-13-12
Adulterated ice cream.
For the purpose of this article, ice cream shall be deemed to be adulterated:
(1) If in quality or grade it is lower than the professed standard of quality or grade under which it is sold or offered for sale;
(2) If it contains any poisonous or other deleterious ingredients which may render such ice cream injurious to health;
(3) If it contains any rancid or renovated or processed butter or any fat or oil other than milk fat and the fat or oil of contained eggs and nuts and the fat or oils of substances used for flavoring;
(4) If it contains in whole or in part any filthy or decomposed substances which may render such ice cream injurious to health; or
(5) If it contains less weight per unit volume than the standards promulgated from time to time by the State Board of Agriculture and Industries.
(Ag. Code 1927, §59; Code 1940, T. 2, §197.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-13 - Misbranded Ice Cream. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-13 - Misbranded Ice Cream. | Section 2-13-13
Misbranded ice cream.
For the purpose of this article, ice cream shall be deemed to be misbranded:
(1) If the label, brand, tag or notice under which it is sold is false or misleading in any particular as to the kind, grade or quality or composition of such ice cream;
(2) If it is sold as the product of one manufacturer when in reality it is the product of another manufacturer; or
(3) If on the label, brand, tag or notice under which it is sold there is any false statement concerning the sanitary conditions under which it is manufactured.
(Ag. Code 1927, §60; Code 1940, T. 2, §198.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-14 - Requirements Relative to Milk and Cream Tests. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-14 - Requirements Relative to Milk and Cream Tests. | Section 2-13-14
Requirements relative to milk and cream tests.
Any person, firm, company, association, corporation or agent thereof engaged in the business of buying milk or cream on the basis of or in any manner with reference to the amount or percentage of butterfat contained therein, as determined by the Babcock test, shall use standard Babcock bottles, pipettes and weights as defined in specifications for "Standard Babcock Testing Glassware and Weights," which shall be passed by the State Board of Agriculture and Industries. All such Babcock test bottles, pipettes and weights so used shall be subject to inspection and proper approval or condemnation in the same manner as is authorized in the inspection of other weighing or measuring devices. It shall be unlawful for any person, persons, firm, company, association, corporation or any agent or agents thereof to use any other than standard test bottles, pipettes and weights to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test. All bottles and pipettes used in measuring milk or milk products for making determinations of the percentage of fat in said milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word, "sealed," and in the side of the pipette or the side or the bottom of the bottle the name, initials or trademark of the manufacturer and his designating number, which designating number shall be furnished by the Commissioner of Agriculture and Industries upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of $1,000.00 with the sureties, to be approved by said commissioner, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number and to whom furnished shall be kept in the office of the commissioner. Any manufacturer who sells Babcock or other milk, cream or butter test bottles or pipettes to be used in this state that do not comply with the provisions of this section shall suffer a penalty of $500.00, to be recovered by the Attorney General in a civil action in the name of the state upon the bond of such manufacturer. No person shall use, for the purpose of determining the percentage of milk fat in milk or milk products, any bottles or pipettes unless they comply with the provisions of this section relating thereto.
(Ag. Code 1927, §62; Code 1940, T. 2, §199.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-15 - Annual Reports of Creameries, Milk Plants, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-15 - Annual Reports of Creameries, Milk Plants, Etc. | Section 2-13-15
Annual reports of creameries, milk plants, etc.
Creameries, ice cream plants, milk plants and cream and milk stations, when buying cream or milk, shall report annually, on or before March 1 of each year, the amount of milk or cream or both purchased during the preceding calendar year, with the amount of fat in the milk or cream or both, and the total price paid for the same, on blanks furnished by the commissioner.
(Ag. Code 1927, §63; Code 1940, T. 2, §200.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-16 - Imitation Butter and Imitation Cheese Defined. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-16 - Imitation Butter and Imitation Cheese Defined. | Section 2-13-16
Imitation butter and imitation cheese defined.
Every article, substitute or compound, except that produced from pure milk or cream from milk cows, made in the semblance of or designed to be used for and in the place of butter, is imitation butter. Every article, substitute or compound, except that produced from pure milk or cream from milk of cows, made in the semblance of or designed to be used for and in the place of cheese, is imitation cheese. No person shall manufacture, sell, solicit or take orders to deliver, ship, consign or forward by any common carrier, public or private, and no common carrier shall knowingly receive or transport any such imitation butter or cheese except in the manner and subject to the provisions of this article and in compliance with the rules and regulations promulgated by the State Board of Agriculture and Industries.
(Ag. Code 1927, §65; Code 1940, T. 2, §201.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-17 - Substitutes for Butter and Cheese - Required Stamping or Marking on Containers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-17 - Substitutes for Butter and Cheese - Required Stamping or Marking on Containers. | Section 2-13-17
Substitutes for butter and cheese - Required stamping or marking on containers.
A substitute for butter and cheese not having a yellow color nor colored in imitation of butter and cheese may be manufactured, sold, shipped, possessed, consigned or forwarded by common carriers, public or private, if each tub, firkin, box or other package in which the same is kept, sold, shipped, consigned or forwarded shall have branded, stamped or marked on the side or top thereof in the English language in a durable manner the words "substitute for butter" or "substitute for cheese," as the case may be, the letters of the words to be black Gothic and not less than one inch in height by one inch in width. The defacing, erasing, cancelling or removing of this brand or mark with intent to mislead, deceive or violate any section of this article is prohibited.
(Ag. Code 1927, §66; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §202.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-18 - Substitutes for Butter and Cheese - Statement Required to Accompany Sale; Transpor... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-18 - Substitutes for Butter and Cheese - Statement Required to Accompany Sale; Transportation Through State. | Section 2-13-18
Substitutes for butter and cheese - Statement required to accompany sale; transportation through state.
No substitute for butter or cheese shall be offered for sale in the manufacturer's original package under the name of or for true butter or cheese made from the milk or cream of cows, nor shall any substitute for butter or cheese be offered for sale or sold unless the purchaser at the time was informed thereof and, in addition, furnished with a printed statement in the English language in prominent type that the substance sold is such substitute and giving the name and place of business of the maker. Nothing contained in this section, however, shall be so construed as to prohibit the transportation of imitation butter or cheese through and across the state.
(Ag. Code 1927, §68; Code 1940, T. 2, §204.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-19 - Substitutes for Butter and Cheese - Possession of Substitutes; Use of Certain Word... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-19 - Substitutes for Butter and Cheese - Possession of Substitutes; Use of Certain Words or Representations in Sale or Advertisement. | Section 2-13-19
Substitutes for butter and cheese - Possession of substitutes; use of certain words or representations in sale or advertisement.
No person shall have in his possession or under his control any substance designed as a substitute for butter or cheese unless the tub, firkin, box or package holding the same is branded or marked in black Gothic letters one inch high by one inch in width. No person shall use in any way, in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter, the word "butter," "creamery," "dairy" or the name or representation of any breed of dairy cattle or any combination of such word or words and representations or any other words or symbols or combination thereof commonly used in the sale of butter.
(Ag. Code 1927, §69; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §205.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-20 - Substitutes for Butter and Cheese - Sale of Substitutes Tending to Deceive Public. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-20 - Substitutes for Butter and Cheese - Sale of Substitutes Tending to Deceive Public. | Section 2-13-20
Substitutes for butter and cheese - Sale of substitutes tending to deceive public.
It shall be unlawful for any person to manufacture, sell, offer for sale, possess for sale, barter, exchange or give away any substitute for butter which is molded in such form or shape or manner or which because of any brand, name, mark or advertisement has a reasonable tendency to cause the public to think or believe said substitute to be butter.
(Ag. Code 1927, §70; Code 1940, T. 2, §206.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-21 - Renovated Butter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-21 - Renovated Butter. | Section 2-13-21
Renovated butter.
No person shall sell in this state any butter that is produced by taking original packing stock butter or other butter or both and melting the same so that the butterfat can be drawn off or extracted, then mixing the said butterfat with skimmed milk or milk or cream or other milk product and rechurning or reworking the said mixture or that produced by any process that is commonly known as boiled, process or renovated butter, unless the words "renovated butter" shall be plainly branded with Gothic or boldface letters at least three fourths of an inch in height on the top and sides of each tub, box, pail or other kind of case or package or on the wrapper of prints or rolls in which it is put up. If such butter is exposed for sale uncovered or not in a case or package, a placard containing the labels so printed shall be attached to the mass of butter in such manner as to easily be seen and read by the purchaser. The branding or marking of all packages shall be in the English language and in a conspicuous place so as to be easily seen and read by the purchaser.
(Ag. Code 1927, §71; Code 1940, T. 2, §207.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-1/section-2-13-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 1 - General Provisions.›Section 2-13-22 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 1 - General Provisions. › Section 2-13-22 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | Section 2-13-22
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-13/article-3/section-2-13-80/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-80 - Purpose of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-80 - Purpose of Article. | Section 2-13-80
Purpose of article.
The purpose of this article is to more effectively utilize the existing agencies or departments of the State of Alabama in regulating production, processing and distribution of milk and milk products to the end that the inhabitants of this state will be supplied with a wholesome and healthful supply of milk, cream, milk products and by-products thereof. It is, therefore, declared to be in the public interest that milk and milk products be produced, processed, distributed and otherwise handled under requirements as provided for in this article and as otherwise provided by law.
(Acts 1955, No. 570, p. 1239, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-81 - Cooperation Among State Agencies. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-81 - Cooperation Among State Agencies. | Section 2-13-81
Cooperation among state agencies.
There shall be the fullest cooperation, including the making available of information, between the state Department of Agriculture and Industries, the State Board of Health and the Alabama Dairy Commission in the making of surveys, investigations and inquiries for the purpose of determining whether or in what manner the production, processing and distribution of milk, cream and milk products may affect the public health. Whenever the findings in the report of any survey, investigation or inquiry made by the state Department of Agriculture and Industries, the State Board of Health or the Alabama Dairy Commission show any hazard to public health existing incident to the production, processing or distribution of milk, cream or milk products, the State Board of Health shall take such action as may be necessary to remove such hazard. The Commissioner of Agriculture and Industries may also take such action as may be necessary to remove such hazard under authority provided in Sections 2-13-84 and 2-13-92. Nothing contained in this article shall limit the authority of the State Board of Health to take immediate action when it appears necessary in the interest of public health. Nothing contained in this article shall be construed to limit or affect the authority and jurisdiction conferred on the Alabama Dairy Commission under any provisions of Article 2 of this chapter and any amendments thereto.
(Acts 1955, No. 570, p. 1239, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-84/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-84 - Milk Transported Into Alabama. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-84 - Milk Transported Into Alabama. | Section 2-13-84
Milk transported into Alabama.
No milk shall be shipped or transported into the State of Alabama from another state unless such milk is produced and handled under sanitary conditions no less adequate in protection of public health than milk produced in the State of Alabama. Shipping or transporting such milk into the State of Alabama must be authorized by permits as provided in Section 2-13-83 and must be authorized by a permit by the Commissioner of Agriculture and Industries as provided in Section 2-13-83. Said commissioner is hereby authorized to issue or revoke such permits as have been issued by the commissioner under rules and regulations adopted under the provisions of this article providing for a method of ascertaining the conditions under which such milk shipped into the State of Alabama was produced and handled. Any milk shipped into the State of Alabama in violation of the provisions of this section or rules and regulations promulgated under this article shall be suspended from sale, seized and condemned in accordance with the procedure set forth under Article 2, Chapter 2 of this title.
(Acts 1955, No. 570, p. 1239, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-86/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-86 - Permits Issued by Commissioner on Semiannual Basis; Suspension or Revocation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-86 - Permits Issued by Commissioner on Semiannual Basis; Suspension or Revocation. | Section 2-13-86
Permits issued by commissioner on semiannual basis; suspension or revocation.
Permits issued by the Commissioner of Agriculture and Industries pursuant to this article shall be issued on a semiannual basis and may be suspended or revoked by the commissioner for any good and sufficient cause after written notice of the cause has been given to the permit holder.
(Acts 1955, No. 570, p. 1239, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-87/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-87 - Issuance and Revocation of Permit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-87 - Issuance and Revocation of Permit. | Section 2-13-87
Issuance and revocation of permit.
The commissioner shall issue to each person, firm or corporation who holds a permit issued under the authority of Section 2-13-82 or Section 2-13-83 a permit for a semiannual period, as authorized by this article upon the application of such person, firm or corporation. The commissioner shall have no authority to revoke a permit so issued to any such person, firm or corporation until an inspection of the premises has been made by the commissioner or by an employee of the Department of Agriculture and Industries. Revocation must be in writing, and no permit shall be revoked except for violations of rules and regulations promulgated under the provisions of this article. Any revocation of a permit shall not become effective until three days after the order of revocation has been delivered to the permit holder. Delivery of the notice may be made by registered or certified mail.
(Acts 1955, No. 570, p. 1239, §7A.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-89/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-89 - Seizure of Milk in Transit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-89 - Seizure of Milk in Transit. | Section 2-13-89
Seizure of milk in transit.
No milk in transit can be stopped, seized or condemned by the commissioner unless said milk has been produced, processed or delivered by a person, firm or corporation who does not hold a permit under the provisions of this article or whose permit has been previously revoked for cause.
(Acts 1955, No. 570, p. 1239, §7A.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-90 - Appeal From Order or Action of Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-90 - Appeal From Order or Action of Commissioner. | Section 2-13-90
Appeal from order or action of commissioner.
Any person affected by any order or action of the Commissioner of Agriculture and Industries authorized by this article, who deems himself aggrieved by any such order or action, may within 15 days after receiving notice of such order or action have such order or action reviewed by appeal to the Circuit Court of Montgomery County, Alabama, by filing a complaint setting out the specific order or action or any part thereof whereby said person deems himself aggrieved and shall present to said court such testimony as shall be deemed necessary to support such grievance. All such complaints shall be given preferred settings on the trial docket and shall be heard by the court as speedily as possible. The appeal shall be perfected upon posting of a bond for costs of the appeal, accompanied by the complaint.
(Acts 1955, No. 570, p. 1239, §7A.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-91 - Powers of State and Local Boards of Health Not Restricted. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-91 - Powers of State and Local Boards of Health Not Restricted. | Section 2-13-91
Powers of state and local boards of health not restricted.
Nothing contained in this article or rules and regulations promulgated hereunder shall be construed to invade the domain of the public health laws, regulations or ordinances nor restrict the powers and authority of the State Board of Health, the county boards of health or any city or town in the State of Alabama, but is supplemental thereto for the accomplishment of this article.
(Acts 1955, No. 570, p. 1239, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-92 - Right of Entry of Commissioner; Investigations and Inspections; Examination of Rec... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-92 - Right of Entry of Commissioner; Investigations and Inspections; Examination of Records; Resisting or Interfering With Commissioner. | Section 2-13-92
Right of entry of commissioner; investigations and inspections; examination of records; resisting or interfering with commissioner.
The Commissioner of Agriculture and Industries and inspectors, employees and agents of the Department of Agriculture and Industries shall have power and authority to enter upon any premises where milk being or having been shipped or transported into the State of Alabama is processed, bottled, collected, cooled or otherwise handled or to stop and inspect any truck or other vehicle transporting milk into this state, except as provided in this article, to be sold or offered for sale in this state and to make such investigations, examinations or inspections as may be necessary to determine whether such milk, cream, milk products or by-products thereof being shipped or transported into this state are produced, distributed, processed or otherwise handled in accordance with the requirements of this article and rules and regulations promulgated hereunder. Such power and authority shall also include authority to examine the records of any milk processing establishment for the purpose of determining the origin or place of production of milk handled at such establishment to the end that it may be determined whether such milk is produced and handled in accordance with the requirements of this article. All information received by the Commissioner of Agriculture and Industries or any employee, official or agent of said commissioner as a result of the examination of records of any milk processing establishment shall be regarded and considered confidential, and it shall be unlawful for any official, employee or agent of the Commissioner of Agriculture and Industries to reveal any of said confidential information. It shall be unlawful for any person to resist, prevent or refuse to allow the Commissioner of Agriculture and Industries or inspectors, employees or agents of the Department of Agriculture and Industries entrance or access to premises as authorized under this article or to otherwise interfere or prevent such official or employee from carrying out the provisions of this article.
(Acts 1955, No. 570, p. 1239, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-93 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-93 - Rules and Regulations. | Section 2-13-93
Rules and regulations.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to promulgate and adopt rules and regulations to effectuate the evident intent and purposes of this article. All rules and regulations promulgated under this article shall be in writing, and said rules and regulations shall become effective 30 days after a copy of the same has been posted in the office of the commissioner. The commissioner shall mail a copy of all such rules and regulations to each holder of a permit issued under this article, addressed to such permit holder at his last known address. No rule or regulation under the authority of this article shall become effective prior to the expiration of 30 days from the date of its promulgation and posting as aforesaid.
(Acts 1955, No. 570, p. 1239, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-3/section-2-13-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 3 - Health Regulations Governing Milk and Milk Products.›Section 2-13-94 - Violation a Misdemeanor. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 3 - Health Regulations Governing Milk and Milk Products. › Section 2-13-94 - Violation a Misdemeanor. | Section 2-13-94
Violation a misdemeanor.
Any person, firm, corporation or association who shall violate any of the provisions of this article or who fails to perform any duty or requirement imposed by the provisions of this article or who violates any rules or regulations duly promulgated hereunder shall be guilty of a misdemeanor and punished as prescribed by law for such offenses.
(Acts 1955, No. 570, p. 1239, §7; Acts 1955, 2nd Ex. Sess., No. 65, p. 176, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-110/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-110 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-110 - Short Title. | Section 2-13-110
Short title.
This article shall be known as the "Alabama Dairy Promotion Act."
(Acts 1990, No. 90-584, p. 1013, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-111/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-111 - Legislative Declaration and Findings. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-111 - Legislative Declaration and Findings. | Section 2-13-111
Legislative declaration and findings.
(a) It is hereby declared and the Legislature hereby finds that:
(1) Dairy products are basic foods that are a valuable part of the human diet;
(2) The production of dairy products plays a significant role in the state's economy, the milk from which dairy products are manufactured is produced by milk producers and dairy products are consumed by thousands of people throughout the state and the United States;
(3) Dairy products must be readily available and marketed efficiently to ensure that the people of the state receive adequate nourishment;
(4) The maintenance and expansion of existing markets for dairy products are vital to the welfare of milk producers and those concerned with marketing, using and producing dairy products, as well as to the general economy of the state;
(5) Dairy products move in intrastate, interstate and foreign commerce;
(6) The Ninety-eighth Congress of the United States enacted the Dairy Production Stabilization Act of 1983 and established the National Dairy Board (7 U.S.C. § 4501 et seq.) authorizing the establishment of orderly procedures for financing promotional and educational programs for milk and dairy products through a mandatory $0.15 per hundredweight assessment on all milk produced in the United States for commercial use, and the carrying out of a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace, and authorizing such orderly procedures to permit a milk producer or a producer's cooperative to establish that the producer is participating in active, ongoing qualified state or regional dairy product promotion or nutrition education programs intended to increase consumption of milk and dairy products generally, to receive credit in determining the assessment due from such producer for contributions to such state programs in an amount not in excess of $0.10 per hundredweight of milk marketed; and
(7) The American Dairy Association of Alabama has been designated by the Secretary of Agriculture of the United States Department of Agriculture as a qualified promotional organization pursuant to the terms of the Dairy Production Stabilization Act of 1983 (7 U.S.C. § 4501 et seq.).
(b) It, therefore, is declared to be the policy of the Legislature that it is in the public interest to authorize the establishment, through the exercise of the powers provided in this article, of an orderly procedure for financing (through assessments on all milk produced in the state for commercial use) and carrying out a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products produced in the state and the United States. All funds obtained by the state ADA as a result of the passage of this article shall be exclusively utilized to promote the dairy industry within the State of Alabama, and its contiguous states. Nothing in this article may be construed to provide for the control of production or otherwise limit the right of individual milk producers to produce milk.
(Acts 1990, No. 90-584, p. 1013, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-112/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-112 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-112 - Definitions. | Section 2-13-112
Definitions.
The following terms shall have the following meanings unless the context shall provide otherwise:
(1) STATE. The State of Alabama;
(2) MILK. Any class of cow's milk produced in the state;
(3) DAIRY PRODUCTS. Products manufactured for human consumption which are derived from the processing of milk and includes fluid milk products;
(4) FLUID MILK PRODUCTS. Those dairy products normally consumed in liquid form;
(5) PERSON. Any individual, group of individuals, partnership, corporation, association, cooperative association, or any other entity;
(6) PRODUCERS. Any person engaged in the production of milk for commercial use;
(7) PROMOTION. Actions such as paid advertising, sales promotion and publicity to advance the image and sales of and demand for dairy products;
(8) NUTRITION EDUCATION. Those activities intended to broaden the understanding of sound nutritional principle including the role of milk and dairy products in a balanced diet;
(9) STATE ADA. The American Dairy Association of Alabama, an affiliated member organization of Southeast United Dairy Industry Association;
(10) SOUTHEAST UNITED DAIRY INDUSTRY ASSOCIATION. A regional dairy promotion organization coordinating regional dairy promotion activities in the southeast United States;
(11) DAIRY DIVISION. A division of the Alabama Farmers Federation composed of all Alabama dairy farmers;
(12) BULK TANK UNIT. A bulk tank unit as defined in accordance with the State Board of Health, Dairy Inspection Division;
(13) HANDLER. Any person engaged in the business of distributing, marketing, or in any manner handling fluid milk or dairy products, in whole or in part, for consumption;
(14) NATIONAL DAIRY BOARD. The National Dairy Promotion and Research Board established under 7 U.S.C. §4504, as amended;
(15) ACT. The Alabama Dairy Promotion Act; and
(16) COOPERATIVE ASSOCIATION. Any cooperative marketing association of producers which is organized under the provisions of the act of Congress of February 18, 1922, known as the "Capper-Volstead Act."
(Acts 1990, No. 90-584, p. 1013, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-113/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-113 - Activities Under Article Not in Restraint of Trade. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-113 - Activities Under Article Not in Restraint of Trade. | Section 2-13-113
Activities under article not in restraint of trade.
No association, meeting or activity undertaken pursuant to the provisions of this article and intended to benefit all of the producers and handlers of milk and dairy products in Alabama shall be deemed or considered illegal or in restraint of trade.
(Acts 1990, No. 90-584, p. 1013, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-114/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-114 - Referendum on Assessment of Milk Producers and Handlers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-114 - Referendum on Assessment of Milk Producers and Handlers. | Section 2-13-114
Referendum on assessment of milk producers and handlers.
It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this article, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the Alabama Farmers Dairy Division in accordance with the provisions of this article and the Federal Dairy Promotion Program codified in 7 U.S.C. §4501 et seq.
(Acts 1990, No. 90-584, p. 1013, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-115/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-115 - Notice of Referendum; Amount of Assessment; Mail Ballot; Proof of Eligibility of... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-115 - Notice of Referendum; Amount of Assessment; Mail Ballot; Proof of Eligibility of Bulk Tank Unit to Vote. | Section 2-13-115
Notice of referendum; amount of assessment; mail ballot; proof of eligibility of bulk tank unit to vote.
(a) With respect to any referendum conducted under the provisions of this article, the state ADA and Alabama Farmers Dairy Division shall, before calling and announcing such referendum, fix, determine and publicly announce at least 30 days before the date determined upon for such referendum, the date, hours and polling places for voting in such referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the producers, and the general purposes to which said amount so collected shall be applied. No annual assessment levied under the provisions of this article shall exceed the federally mandated $0.15 per hundredweight of milk produced; however, an amount not to exceed $0.10 per hundredweight of milk produced shall be credited to the state ADA for dairy product promotion and nutrition education programs.
(b) As an alternative method of conducting a referendum under the provisions of this article, the state ADA and Alabama Farmers Dairy Division in its discretion may conduct the referendum by a mail ballot as herein provided. In the event that a decision is made to conduct a mail ballot, public notice of said mail ballot shall be made at least 30 days before the date of said referendum. Said notice shall contain the same information required by subsection (a) of this section except that the notice will also state that the ballot is to be conducted by mail rather than at polling places. The notice shall also state that official ballots are being mailed on a date specified in the notice to all bulk tank units known by the state ADA and Alabama Farmers Dairy Division to be eligible to vote and that any bulk tank unit not receiving by mail an official ballot by a date specified in the notice will have 10 days thereafter to apply for an official ballot at the office of the state ADA. The notice shall state the deadline for the receipt of all ballots and the address of the state ADA.
(c) Official ballots shall be prepared by the state ADA and Alabama Farmers Dairy Division and mailed by first class mail to the last known address of all bulk tank units known to be eligible to vote. As announced in the public notice, said ballots shall be made available for a period of not less than 10 days, to those who are eligible to vote in said referendum and did not receive a ballot by mail.
(d) Before any bulk tank unit shall receive an official ballot, he shall furnish such proof as the state ADA and Alabama Farmers Dairy Division Service may require of his eligibility to vote in said referendum. The state ADA shall keep a list of those bulk tank units who receive official ballots. No bulk tank unit may receive more than one official ballot unless the bulk tank unit proves to the satisfaction of the state ADA and Alabama Farmers Dairy Division Service that the ballot has been lost or destroyed.
(e) No votes shall be counted which are not on official ballots. To be eligible to be counted, ballots must be received by the state ADA at the place and by the deadline previously announced in the public notice of said referendum.
(Acts 1990, No. 90-584, p. 1013, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-116/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-116 - Supervision of Referendum; Expenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-116 - Supervision of Referendum; Expenses. | Section 2-13-116
Supervision of referendum; expenses.
The arrangements for management and supervision of any referendum conducted under the provisions of this article shall be under the direction of the state ADA in cooperation with the Alabama farmers dairy division of each county in the state, and any and all expenses in connection therewith shall be borne by the state ADA.
(Acts 1990, No. 90-584, p. 1013, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-117/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-117 - Statewide Basis of Referendum; Question. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-117 - Statewide Basis of Referendum; Question. | Section 2-13-117
Statewide basis of referendum; question.
Any referendum conducted under the provisions of this article shall be held on a statewide basis. In such referendum, the bulk tank units eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment for a period of five years in the amount set forth in the call for such referendum.
(Acts 1990, No. 90-584, p. 1013, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-118/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-118 - Collection of Assessment if Voted On. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-118 - Collection of Assessment if Voted On. | Section 2-13-118
Collection of assessment if voted on.
If in such referendum called under the provisions of this article, a simple majority of the bulk tank units eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such milk referendum covered thereby, then such assessment shall be collected in the manner determined and announced by the state ADA.
(Acts 1990, No. 90-584, p. 1013, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-119/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-119 - Call for Another Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-119 - Call for Another Referendum. | Section 2-13-119
Call for another referendum.
In the event such referendum to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting therein, then the state ADA and Alabama Farmers Dairy Division conducting the said referendum shall have the full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for five years.
(Acts 1990, No. 90-584, p. 1013, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-120 - Publication of Referendum Information; Notice. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-120 - Publication of Referendum Information; Notice. | Section 2-13-120
Publication of referendum information; notice.
Referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and Alabama Dairy Farmers Federation Service through the medium of the public press in the state at least 30 days before the holding of such referendum, and direct written notice thereof shall likewise be given to all dairy-related organizations within the state and to each county extension agent and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this article.
(Acts 1990, No. 90-584, p. 1013, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-121 - Ballots; Poll Holders; Declaration of Results. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-121 - Ballots; Poll Holders; Declaration of Results. | Section 2-13-121
Ballots; poll holders; declaration of results.
The state ADA and Alabama Farmers Dairy Division shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within 10 days thereafter shall canvass and publicly declare the result of such referendum.
(Acts 1990, No. 90-584, p. 1013, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-122 - Vote of Cooperative Association as Roll of Members; Eligibility of Cooperative As... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-122 - Vote of Cooperative Association as Roll of Members; Eligibility of Cooperative Association to Vote; Notification of Intent to Vote. | Section 2-13-122
Vote of cooperative association as roll of members; eligibility of cooperative association to vote; notification of intent to vote.
(a) In conducting any referendum under this article, the state ADA and Alabama Farmers Dairy Division shall consider the approval or disapproval by any cooperative association engaged in a bona fide manner in marketing milk or the dairy products as the approval or disapproval of the producers who are members of or under contract with such cooperative association of producers.
(b) In order to be eligible to vote in a referendum, a cooperative association must:
(1) Certify to the state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot, that the association is organized under the provisions of the "Capper-Volstead Act" and that it is engaged in a bona fide manner in marketing its members' milk or dairy products;
(2) Certify to the state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot, the number of bulk tank units on whose behalf the cooperative association is casting a ballot, that such bulk tank units are members of or under contract with the cooperative association and that the association was engaged during the representative period in marketing the milk of each of the bulk tank units for whom the cooperative association claims the right to vote;
(3) Furnish to the state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot, a copy of the resolution authorizing the casting of the ballot;
(4) Certify to the state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot, that the cooperative association has complied with the requirements of subsection (c) of this section; and
(5) Agree to make available to the state ADA and Alabama Farmers Dairy Division necessary records and information pertaining to the representative period to validate the eligibility of the cooperative association to vote and to verify the number and identity of the producers on whose behalf the cooperative association claims the right to vote.
(c) Not later than 30 days prior to the beginning of the referendum, each cooperative association shall notify the state ADA and Alabama Farmers Dairy Division as to whether or not the association intends to vote on behalf of its bulk tank units.
(Acts 1990, No. 90-584, p. 1013, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-123 - Collection of Assessment; Enforcement. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-123 - Collection of Assessment; Enforcement. | Section 2-13-123
Collection of assessment; enforcement.
(a) In the event a majority of the bulk tank units eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then the said assessment shall be collected monthly for the number of years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules and regulations as may be determined by the state ADA conducting the same; and the said assessment so collected shall be paid into the treasury of the state ADA to be used together with other funds from other sources. Funds to be collected pursuant to a referendum conducted under this article shall be withheld and paid by each handler, including producer handlers, to the state ADA by the last calendar day of the month succeeding the month in which the milk was received by the handler.
(b) In the event of a failure to pay part or all of an assessment levied pursuant to this article, the Attorney General of the state shall, upon the request of the state ADA, enforce the provisions of this article and collect such moneys for payment to the state ADA. In the alternative to requesting the Attorney General to enforce the provisions of this article, the state ADA may bring a civil action to collect assessment from a handler failing to pay such assessments. A handler found to have failed to pay assessments pursuant to this article shall also be liable for reasonable attorney's fees and costs in the collection of such assessments.
(Acts 1990, No. 90-584, p. 1013, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-124/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-124 - Refund of Assessment Paid by Dissatisfied Bulk Tank Unit; Transfer of Funds to Na... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-124 - Refund of Assessment Paid by Dissatisfied Bulk Tank Unit; Transfer of Funds to National Dairy Board. | Section 2-13-124
Refund of assessment paid by dissatisfied bulk tank unit; transfer of funds to National Dairy Board.
In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the state ADA, any bulk tank unit upon and against whom such assessments shall have been levied and collected under the provisions of this article, if a bulk tank unit is dissatisfied with said assessment and the result thereof, such unit shall have the right to demand the treasurer of the state ADA to refund such assessment so collected from such bulk tank unit, provided such demand for refund is made in writing within 30 days from the date on which said assessment is collected or due to be collected, whichever is earlier, from such bulk tank unit under the rules and regulations of the state ADA. Pursuant to the Dairy Promotion Stabilization Act of 1983, 7 U.S.C. §4510 et seq., any such funds shall be transferred to the National Dairy Board by the treasurer of the state ADA.
(Acts 1990, No. 90-584, p. 1013, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-13/article-4/section-2-13-125/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13 - Milk and Dairy Products.›Article 4 - Alabama Dairy Promotion.›Section 2-13-125 - Statement of Amounts Collected. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13 - Milk and Dairy Products. › Article 4 - Alabama Dairy Promotion. › Section 2-13-125 - Statement of Amounts Collected. | Section 2-13-125
Statement of amounts collected.
In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within 90 days after the end of any calendar year in which such assessments are collected, have available upon written request by a producer, or Alabama Farmers Dairy Division or other agency of the state, a statement of the amount or amounts so received and collected by him under the provisions of this article.
(Acts 1990, No. 90-584, p. 1013, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-13a/section-2-13a-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13A - Southern Dairy Compact.›Section 2-13A-1 - Southern Dairy Compact. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13A - Southern Dairy Compact. › Section 2-13A-1 - Southern Dairy Compact. | Section 2-13A-1
Southern Dairy Compact.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 98-305, p. 498, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-13a/section-2-13a-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 13A - Southern Dairy Compact.›Section 2-13A-2 - Appointment of Members to the Southern Dairy Compact Commission. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 13A - Southern Dairy Compact. › Section 2-13A-2 - Appointment of Members to the Southern Dairy Compact Commission. | Section 2-13A-2
Appointment of members to the Southern Dairy Compact Commission.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 98-305, p. 498, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-1 - Definitions. | Section 2-14-1
Definitions.
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COLONY OF BEES. A queen bee and worker bees on comb enclosed in any container.
(2) APIARY. A location or site on which one or more colonies of bees is located.
(Acts 1965, No. 794, p. 1488, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-2 - Purpose of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-2 - Purpose of Chapter. | Section 2-14-2
Purpose of chapter.
The purpose of this chapter is to prevent the introduction into and dissemination within this state of contagious and infectious diseases of honeybees by providing for the registration, inspection and control of honeybees and apiaries, which activity is hereby found and declared by the Legislature to promote agriculture in the State of Alabama.
(Acts 1965, No. 794, p. 1488, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-3 - Registration of Colonies, Bee Yards, and Apiaries; Disposition of Fees and Fines. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-3 - Registration of Colonies, Bee Yards, and Apiaries; Disposition of Fees and Fines. | Section 2-14-3
Registration of colonies, bee yards, and apiaries; disposition of fees and fines.
Every beekeeper, owner or others in possession of any honeybees shall, on or before October 1 of each year, register with the Commissioner of Agriculture and Industries every colony of honeybees, bee yards or apiaries in their possession or under their control, and such registration shall be made upon forms furnished by the commissioner upon which there shall be shown the number and location of colonies of bees with the apiary location or locations together with such other information as may be necessary for the administration of this chapter. The Board of Agriculture and Industries shall establish through rules and regulations categories of apiarists or beekeepers. Colonies of bees and apiaries acquired after October 1 during any year and not previously registered shall also be registered as required under this section; provided, however, that this requirement shall not apply to any bees or apiaries acquired after March 31, as such bees shall not be registered until the following October 1.
If any honeybees or an apiary currently registered under this section are sold or otherwise transferred from one beekeeper to another beekeeper, the registration may be transferred to the person acquiring the bees or apiary without the payment of the registration fee.
An annual registration or inspection fee shall be paid by the registrant which shall accompany the application for registration. The amount of such fee shall be based upon the number of colonies of bees owned by or under the control of the person registering such honeybees in the following amounts:
Number of Colonies
Maximum Registration Fee
1-9
$5
10-24
$10
25-49
$15
50-99
$20
100-249
$25
250-499
$50
500 or more colonies
$75
The Board of Agriculture and Industries shall establish the annual registration or inspection fee for each category of apiarist or beekeeper.
All amounts collected under this section as registration fees together with the amount of any fine imposed under the penalty section of this chapter shall be deposited into the Agricultural Fund of the State Treasury to be disbursed and expended for the administration and enforcement of this chapter by the Department of Agriculture and Industries for the payment of salaries, equipment purchases, travel expenses, and other purposes incident to and necessary for the administration and enforcement of this chapter. Failure or refusal to comply with the registration requirements of this section and to pay the required registration fee shall be unlawful and punishable under the penalty provisions of this chapter.
(Acts 1965, No. 794, p. 1488, §2; Act 2004-516, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-4 - Movement or Shipment of Honeybees Into State. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-4 - Movement or Shipment of Honeybees Into State. | Section 2-14-4
Movement or shipment of honeybees into state.
(a) All honeybees shipped or moved into the State of Alabama shall be accompanied by a certificate of inspection, signed by the apiary inspector or other official performing similar duties of the state or country from which shipment is made, certifying that the bees and the combs and hives from which the bees were taken have been inspected by such official and that the bees, their combs, and hives are apparently free from contagious and infectious diseases. The inspection provided for in this section shall be based upon an actual examination of the bees and their combs, and hives, such examination or inspection to be made during brood-rearing and within a period of 60 days preceding the date of shipment. The inspection certificate required under this section shall be attached to each parcel or package of each shipment or movement in a conspicuous place, plainly written. All shipments or movements of honeybees into the State of Alabama shall be in combless packages only, and shipments or movements of honeybees into this state in violation of the requirements of this section shall be unlawful.
(b) It shall also be unlawful to ship or move into, within or out of the state a queen bee or other bees in packages or cages that contain food, any part of which is honey.
(c) Any person moving bees into this state on a comb in violation of this section shall be fined one hundred dollars ($100) per hive. The owner or other person in possession of the hives shall be given notice by the Department of Agriculture and Industries to move the hives within seven days of the notice. If the hives are not moved pursuant to the order of the department, the hives shall be destroyed. Upon conviction of a violation under this subsection, the judge may award a person providing information leading to the conviction a reward to be paid from the fine proceeds in an amount not to exceed one-half of the fines.
(d) This section shall not apply to bees moved into this state pursuant to a compliance agreement with the Department of Agriculture and Industries as provided by rule of the department.
(Acts 1965, No. 794, p. 1488, §3; Act 2011-646, p. 1645, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-5 - Shipment, Movement, etc., Into State of Used Beekeeping Equipment or Supplies. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-5 - Shipment, Movement, etc., Into State of Used Beekeeping Equipment or Supplies. | Section 2-14-5
Shipment, movement, etc., into state of used beekeeping equipment or supplies.
It shall be unlawful to ship, move or otherwise transport into this state for delivery within the state any previously used honey containers or any hives, combs, frames, appliances, supers or other beekeeping equipment or supplies which have been previously used in the keeping or raising of bees; provided, that clean used screen cages or clean used honey containers may be brought into the state for the purpose of transporting bees or honey out of the state unless the State Apiarist or his agent determines that such cages or honey containers create a disease hazard; and, upon such a determination, such cages or honey containers shall be confiscated and destroyed by burning. Nothing in this section shall be construed to prohibit the movement or shipment of any new or unused bee supplies, equipment or honey containers into the State of Alabama.
(Acts 1965, No. 794, p. 1488, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-6 - Shipment, Movement, etc., of Used Beekeeping Equipment or Appliances Without Permit... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-6 - Shipment, Movement, etc., of Used Beekeeping Equipment or Appliances Without Permit From Commissioner of Agriculture and Industries. | Section 2-14-6
Shipment, movement, etc., of used beekeeping equipment or appliances without permit from Commissioner of Agriculture and Industries.
It shall be unlawful to move, transport or ship any honeybees, combs or used beekeeping equipment or appliances without a permit from the Commissioner of Agriculture and Industries bearing the approval or countersignature of the State Apiarist. The permit must have been issued within the calendar year during which the movement or shipment is to be made; and, before such a permit is issued, the proposed movement of any honeybees or beekeeping equipment shall be in compliance with all conditions and requirements that may be set forth and prescribed therefor under rules and regulations adopted by the State Board of Agriculture and Industries for the prevention and the spread of contagious and infectious diseases of honeybees.
(Acts 1965, No. 794, p. 1488, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-7 - Owners, etc., to Mark Used Hive-Bodies and Supers; Marks, etc., to Be Approved by S... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-7 - Owners, etc., to Mark Used Hive-Bodies and Supers; Marks, etc., to Be Approved by State Apiarist. | Section 2-14-7
Owners, etc., to mark used hive-bodies and supers; marks, etc., to be approved by State Apiarist.
To adequately identify used bee equipment, the owner or other person in possession of such equipment shall be required to mark all hive-bodies and supers with an easily identified symbol, which symbol or identifiable mark must be approved by the State Apiarist.
(Acts 1965, No. 794, p. 1488, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-8 - Preparation and Maintenance of County Maps of Apiary Locations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-8 - Preparation and Maintenance of County Maps of Apiary Locations. | Section 2-14-8
Preparation and maintenance of county maps of apiary locations.
The State Apiarist shall prepare or cause to be prepared county maps showing the exact location of all apiaries located in each county of the State of Alabama. County maps shall be kept current based on information obtained from annual apiary inspections.
(Acts 1965, No. 794, p. 1488, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-9 - Eradication or Control of Contagious and Infectious Diseases of Honeybees; Inspecti... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-9 - Eradication or Control of Contagious and Infectious Diseases of Honeybees; Inspection; Fees; Transfer of Honeybees to Hives With Movable Frames. | Section 2-14-9
Eradication or control of contagious and infectious diseases of honeybees; inspection; fees; transfer of honeybees to hives with movable frames.
The Commissioner of Agriculture and Industries, pursuant to rules and regulations adopted and promulgated by the State Board of Agriculture and Industries as provided in this chapter, shall have full and plenary power to deal with American and European Foulbrood, Nosema, Isle of Wight disease, and other contagious and infectious diseases of honeybees and to do and perform all such acts through the State Apiarist and other agents or employees to the end that contagious and infectious diseases of honeybees may be eradicated or controlled. The commissioner, through the State Apiarist, may inspect all honeybees, combs, and hives being shipped or moved from this state to other states or countries that require inspection and certification before being admitted to other states or countries. The Commissioner of Agriculture and Industries or his or her agents or employees, including the State Apiarist, may enter and inspect, at all reasonable hours, any premises, station, depot, express office, storeroom, warehouse, vehicle, apiary, or any other location where honeybees, beekeeping equipment, or supplies are kept to ascertain whether such honeybees, equipment, or supplies are infected with or exposed to any infectious or contagious diseases or whether they are being kept, moved, or transported in violation of this chapter or rules and regulations promulgated under this chapter. The Board of Agriculture and Industries shall establish a fee to be paid by each owner of honeybees necessary to defray the cost and expense of the inspections which shall be deposited into the Agricultural Fund of the State Treasury.
It shall be unlawful for any person to hinder, obstruct, resist or refuse to allow such entrance and inspection.
The State Apiarist or his or her agent may direct and require any owner or other person in possession of honeybees dwelling in hives without movable frames and combs not permitting of ready examination and inspection to transfer such bees within a specified time to hives with movable frames. Failure to comply shall be followed by destruction of the hives and contents.
(Acts 1965, No. 794, p. 1488, §8; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-10 - Quarantining of Apiary or Colony of Honeybees Infected With Contagious or Infectio... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-10 - Quarantining of Apiary or Colony of Honeybees Infected With Contagious or Infectious Disease, etc.; Moving of Quarantined Bees, Supplies or Equipment. | Section 2-14-10
Quarantining of apiary or colony of honeybees infected with contagious or infectious disease, etc.; moving of quarantined bees, supplies or equipment.
Any apiary or colony of honeybees found infected with American Foulbrood or any other contagious or infectious disease or otherwise found to be kept or moved or transported in violation of the requirements of this chapter or rules or regulations adopted under this chapter shall be placed under quarantine by the commissioner, the State Apiarist or their agents or employees, which quarantine shall become effective upon written notice thereof being furnished to the beekeeper or person having possession or control of such bees. Bees, beekeeping supplies or equipment quarantined under the provisions of this section shall not be moved or allowed to be moved except by written permission of the commissioner or the State Apiarist.
(Acts 1965, No. 794, p. 1488, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-11 - Destruction of Diseased Bees, Supplies or Equipment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-11 - Destruction of Diseased Bees, Supplies or Equipment. | Section 2-14-11
Destruction of diseased bees, supplies or equipment.
Any colony or colonies of bees, combs, honey frames, hives, supers or other beekeeping supplies or equipment found to be infected with American Foulbrood or any other infectious or contagious disease of bees which cannot be satisfactorily controlled is hereby declared to be a public nuisance and shall be destroyed by burning by the beekeeper or other person in control of such diseased bees. Upon failure of the beekeeper to destroy the diseased bees and equipment, the commissioner or his agents or employees are hereby authorized to and may destroy such bees and equipment.
(Acts 1965, No. 794, p. 1488, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-12 - Failure of Owner to Treat or Destroy Bees, Equipment, etc., Upon Notification by C... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-12 - Failure of Owner to Treat or Destroy Bees, Equipment, etc., Upon Notification by Commissioner; Hearing for Review of Order of Commissioner to Treat or Destroy Diseased Bees, etc.; Enforcement of Order. | Section 2-14-12
Failure of owner to treat or destroy bees, equipment, etc., upon notification by commissioner; hearing for review of order of commissioner to treat or destroy diseased bees, etc.; enforcement of order.
It shall be unlawful for any owner or keeper of bees who shall have been notified by the Commissioner of Agriculture and Industries or his agents or employees that the State Apiarist has determined that the disease of Foulbrood or any other contagious or infectious disease of bees exists in the hives of his apiary to fail or refuse to destroy or treat such bees, their hives, equipment and appliances in the manner prescribed by the State Apiarist within a period of five days from date of receipt of such notification; provided, that any owner or keeper of bees notified to treat or destroy diseased bees shall have the right to have the Commissioner of Agriculture and Industries review and reconsider such order at a formal hearing to be conducted for this purpose. At such hearing, the beekeeper may present any facts relevant to the condition of his apiary and request that the commissioner review and reconsider such order to treat and destroy. Any owner or keeper of bees desiring a hearing must file his request therefor with the Commissioner of Agriculture and Industries not later than five days from the date of receipt of notice.
In addition to the penalties provided in this article for failure to treat or destroy diseased bees, their hives, equipment and appliances, the Commissioner of Agriculture and Industries is hereby authorized, in the event any owner or keeper of bees fails and refuses to treat or destroy such bees, their hives and equipment, to enforce such order in a court of competent jurisdiction in the manner now provided by law for the abatement of public nuisances.
(Acts 1965, No. 794, p. 1488, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-13 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-13 - Rules and Regulations. | Section 2-14-13
Rules and regulations.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may adopt and promulgate such rules and regulations as necessary to carry out the evident intent and purpose of this chapter, including rules and regulations to govern the shipment, movement, or transportation of honeybees, beekeeping equipment, and supplies into or within the State of Alabama, the establishment of quarantines, the annual registration of colonies of honeybees, and the collection of registration fees, the establishment of fees to defray the expense of the duties imposed by this chapter, and other rules and regulations for the control and eradication of contagious and infectious diseases of honeybees. The rules and regulations duly promulgated under this chapter shall have the force and effect of law. All fees collected under this chapter shall be deposited into the Agricultural Fund in the State Treasury.
(Acts 1965, No. 794, p. 1488, §12; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-14 - Designation of State Apiarist; Powers Thereof. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-14 - Designation of State Apiarist; Powers Thereof. | Section 2-14-14
Designation of State Apiarist; powers thereof.
The employee of the state Department of Agriculture and Industries performing the duties of chief, director or supervisor of the division of plant industry shall be the State Apiarist, and he shall exercise all the powers vested in the Commissioner of Agriculture and Industries in the enforcement of the provisions of this chapter except the review procedure to be performed by the commissioner under the provisions of Section 2-14-12.
(Acts 1965, No. 794, p. 1488, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-14/section-2-14-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 14 - Honeybees and Apiaries.›Section 2-14-15 - Penalties for Violations of Provisions of Chapter, Rules or Regulations, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 14 - Honeybees and Apiaries. › Section 2-14-15 - Penalties for Violations of Provisions of Chapter, Rules or Regulations, Etc. | Section 2-14-15
Penalties for violations of provisions of chapter, rules or regulations, etc.
Any person who shall perform any of the acts declared by this chapter to be unlawful or who fails to perform any duty imposed by the provisions of this chapter or who violates any quarantine order issued under the provisions of this chapter or who violates any rule or regulation duly promulgated under the provisions of this chapter or who fails and refuses to register colonies of bees or pay the registration fee required by this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court, may be imprisoned for a period not to exceed six months.
(Acts 1965, No. 794, p. 1488, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-1/section-2-15-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 1 - General Provisions.›Section 2-15-1 - Department Authorized to Enter Into Contracts to Perform Inspection or Testing Serv... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 1 - General Provisions. › Section 2-15-1 - Department Authorized to Enter Into Contracts to Perform Inspection or Testing Services, etc., for Persons, Firms, etc., Engaged in Business of Marketing Livestock; Charge and Collection of Fees for Services Rendered and Disposition Thereof. | Section 2-15-1
Department authorized to enter into contracts to perform inspection or testing services, etc., for persons, firms, etc., engaged in business of marketing livestock; charge and collection of fees for services rendered and disposition thereof.
The Department of Agriculture and Industries, acting by and through the Commissioner of Agriculture and Industries, with approval of the State Board of Agriculture and Industries, is authorized and empowered to enter into contracts with any person, firm, partnership, corporation or association engaged in the business of marketing livestock whereby the Department of Agriculture and Industries, on terms and conditions mutually agreed upon between the parties to such a contract, shall perform any inspection or testing of livestock or any brand inspection or recording duties required by law to be performed by such person, firm, partnership, corporation or association engaged in the business of marketing livestock.
The Department of Agriculture and Industries, under the terms of any contract entered into under the provisions of this section, is authorized to charge and collect fees for services to be performed thereunder, and such fees shall be in an amount mutually agreed upon between the parties to the contract. All amounts collected as fees shall be deposited in the State Treasury to the credit of the Agricultural Fund.
The provisions of this section shall not be construed to require or make it mandatory upon the Department of Agriculture and Industries or anyone to enter into contracts as authorized under this section as it is the intent and purpose of this section that such contracts shall be voluntarily entered into. The amount of fees or compensation to be paid to the Department of Agriculture and Industries under the provisions of any contracts authorized under this section shall be fixed at an amount whereby no cost or additional expenses will be borne by the department in rendering the services to be performed thereunder, nor shall the amount of fees or compensation be fixed at a sum which will produce a profit or any additional revenue to the department, as it is the intent and purpose of this section that such fees or compensation shall be fixed at an amount which will defray the actual cost and expense of the services provided.
(Acts 1953, No. 231, p. 297.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-1/section-2-15-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 1 - General Provisions.›Section 2-15-2 - Payment of Indemnification to Owners of Cattle Slaughtered Under Program for Eradic... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 1 - General Provisions. › Section 2-15-2 - Payment of Indemnification to Owners of Cattle Slaughtered Under Program for Eradication of Tuberculosis, Paratuberculosis or Bang's Disease. | Section 2-15-2
Payment of indemnification to owners of cattle slaughtered under program for eradication of tuberculosis, paratuberculosis or Bang's disease.
Funds to indemnify owners of cattle which have been condemned and slaughtered, after having reacted to the test for tuberculosis, paratuberculosis or Bang's disease as prescribed by the rules and regulations of the United States Department of Agriculture under the provisions of the federal-state cooperation programs for combating or eradicating those diseases, shall be paid out of the treasury, as provided by law, upon requisition signed by the State Veterinarian and approved by the commissioner, to which shall be attached a certified copy of the appraisal of the cattle condemned and slaughtered and the State Veterinarian's certificate that the condemned cattle have been slaughtered.
(Acts 1939, No. 146, p. 200; Code 1940, T. 2, §381.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-1/section-2-15-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 1 - General Provisions.›Section 2-15-3 - Butchers to Maintain Records as to Cows, etc., Butchered; Inspection of Records. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 1 - General Provisions. › Section 2-15-3 - Butchers to Maintain Records as to Cows, etc., Butchered; Inspection of Records. | Section 2-15-3
Butchers to maintain records as to cows, etc., butchered; inspection of records.
(a) Every butcher shall keep a record of every cow or animal of the cow kind killed, showing the color, earmarks and brand of each cow or animal of the cow kind killed or butchered and the date when killed or butchered and, if purchased, from whom purchased, the residence of the person from whom the same was purchased and when and also the approximate gross weight at the time purchased and at the time killed or butchered.
(b) Any butcher who fails to keep such record or who fails to make the required entries above specified within 24 hours after butchering any cow or animal of the cow kind shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 and may be sentenced to hard labor for the county for a period of not exceeding 12 months.
(c) All persons shall have a right to inspect at any time the book required to be kept by this section.
(Code 1907, §§6419, 6420; Code 1923, §§3483, 3484; Code 1940, T. 14, §§91, 92.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-1/section-2-15-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 1 - General Provisions.›Section 2-15-4 - No Implied Warranty That Livestock Disease Free. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 1 - General Provisions. › Section 2-15-4 - No Implied Warranty That Livestock Disease Free. | Section 2-15-4
No implied warranty that livestock disease free.
With respect to the sale of cattle, swine, sheep, goats, and equine or equidae, there shall be no implied warranty that the livestock are free from disease provided that all existing or future federal and state statutory and regulatory requirements have been complied with concerning the inspection and disease prevention and control on the livestock.
(Acts 1981, No. 81-666, p. 1090; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-1/section-2-15-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 1 - General Provisions.›Section 2-15-5 - Care and Handling of Livestock and Animal Husbandry Practices on Private Property. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 1 - General Provisions. › Section 2-15-5 - Care and Handling of Livestock and Animal Husbandry Practices on Private Property. | Section 2-15-5
Care and handling of livestock and animal husbandry practices on private property.
(a) For the purpose of this section and Sections 2-4-1 and 13A-11-14, the term livestock shall include, but is not limited to, bovines, swine, sheep, goats, equine or equidae, ratites, poultry, pen-raised livestock such as quail, deer, pheasants, or similar livestock, and other farm animals.
(b) This section shall not affect the authority or the responsibility of any law enforcement agency or its officers to investigate or prosecute any violation of the law.
(c) Nothing in this section shall be construed as relieving a farm or farm operation from complying with public health and sanitation statutes, rules, and orders administered or enforced by or through the Department of Public Health and any county health department.
(d) Except as otherwise provided by state or federal law or as provided in subsection (f), the entire subject matter concerning the care and handling of livestock and animal husbandry practices involved in the production of agricultural and farm products on private property shall be reserved to the Department of Agriculture and Industries and the State Board of Agriculture and Industries and shall be subject to the sole jurisdiction of the department and board.
(e) Except as provided in subsection (f), no county or municipal governing body may adopt or continue in effect any ordinance, rule, or resolution concerning the care and handling of livestock or animal husbandry practices involved in the production of agricultural and farm products on private property.
(f) This section shall not affect, repeal, supersede, or override any ordinance heretofore enacted by a county or municipal governing body, or preclude or prohibit a county or municipal governing body from hereinafter enacting an ordinance, concerning zoning, business licenses, or the enforcement of public nuisances.
(g) The State Board of Agriculture and Industries may adopt rules necessary to carry out the intent and purpose of this section.
(Act 2010-550, p. 977, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-20 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-20 - Definitions. | Section 2-15-20
Definitions.
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BOARD. The State Board of Agriculture and Industries of the State of Alabama.
(2) BRAND. Any recorded identification mark applied to any position on the hide of livestock by means of heat, acid, or a chemical, except numbers used to keep production records or record of age. The word "brand" shall also mean and include tattoo marks on the hide or in the ear of livestock.
(3) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(4) DEPARTMENT. The Department of Agriculture and Industries of the State of Alabama.
(5) LIVESTOCK. Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry.
(6) LIVESTOCK HIDE DEALER. Any dealer who buys hides of livestock.
(7) LIVESTOCK MARKET. A place where a person assembles livestock for public sale, if the person is required to procure a license or permit from the state Department of Agriculture and Industries to operate the market.
(8) PERSON. Any individual, partnership, corporation, or association.
(Acts 1975, No. 567, p. 1301, §1; Acts 1979, No. 79-667, p. 1174, §1; Acts 1994, No. 94-322, p. 562, §2; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-21 - Registration of Brands by Livestock Owners; Fees; Certificate of Registration. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-21 - Registration of Brands by Livestock Owners; Fees; Certificate of Registration. | Section 2-15-21
Registration of brands by livestock owners; fees; certificate of registration.
(a) Any livestock owner who uses a brand to identify his or her livestock must register such brand by applying to the department. The application shall be made on forms prescribed and furnished by the department, which application shall be accompanied by a fee established by the Alabama Board of Agriculture and Industries for the first position on the animal on which the brand appears and a fee established by the Board of Agriculture and Industries for each additional position of the animal on which the brand appears. A facsimile of the brand to be registered shall also be furnished by the applicant.
If the brand described in the application or one similar or closely resembling a registered brand has not been previously registered by another livestock owner and the brand complies with standards and requirements of brands acceptable for registration as prescribed by the board pursuant to regulations, then the department shall approve the application, register the brand in the name of the applicant, and issue to the applicant a certificate of registration. In the event the department denies registration of a brand for any reason, the registration fee established by the board shall be returned to the person making application for registration.
(b) When a livestock owner transfers a registered brand to another, the owner shall immediately notify the department of the transfer, giving the date of transfer, brand identity, and the name of the transferee. Upon receipt of the notice of transfer and a transfer fee established by the board, the department shall cause the transfer to be made in its register of brands. The brand shall not be used by the new owner until permission has been given by the department.
(c) The provisions of this article shall not be construed to require any owner of livestock to brand his or her livestock unless the owner voluntarily elects to do so in compliance with the registration requirements of this article.
(Acts 1975, No. 567, p. 1301, §2; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-22 - Admissibility of Certificate of Registration in Civil Actions or Criminal Proceedi... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-22 - Admissibility of Certificate of Registration in Civil Actions or Criminal Proceedings as to Title or Right of Possession. | Section 2-15-22
Admissibility of certificate of registration in civil actions or criminal proceedings as to title or right of possession.
In all civil actions or in any criminal proceedings when the title or right of possession of livestock is involved, a copy of the certificate of livestock brand registration verified by affidavit of the commissioner shall be received in evidence by the court as evidence of the registration of such brand in accordance with the requirements of this article.
(Acts 1975, No. 567, p. 1301, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-23 - Renewal of Brands; Effect of Failure to Renew Brand. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-23 - Renewal of Brands; Effect of Failure to Renew Brand. | Section 2-15-23
Renewal of brands; effect of failure to renew brand.
(a) There shall be a renewal period for recording livestock brands with the department which shall be once every three years, beginning with October 1, 2005. All brands recorded on or after October 1, 2005, shall be renewed or rerecorded on or before October 1, 2008, and each three-year period thereafter. At least 90 days prior to the renewal date for all registered brands, the department shall notify all persons having brands registered of the renewal date. On or before the renewal date of all brands, the registered owner thereof shall pay to the department a renewal fee established by the Board of Agriculture and Industries for the first position of the animal on which the brand appears, plus an additional fee established by the Alabama Board of Agriculture and Industries for each additional position on such animal as authorized and provided under subsection (b) of Section 2-15-28. Such additional information needed for renewal as the department may require shall also be furnished on forms provided by the department.
(b) If any livestock owner fails to renew any brand registered in his or her name, the brand shall be forfeited and shall be available to any other applicant for registration as provided under Section 2-15-21.
(Acts 1975, No. 567, p. 1301, §4; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-24 - Furnishing, etc., of Forms for Registration, Reregistration and Transfer of Brands... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-24 - Furnishing, etc., of Forms for Registration, Reregistration and Transfer of Brands by Department. | Section 2-15-24
Furnishing, etc., of forms for registration, reregistration and transfer of brands by department.
The department shall prescribe and furnish forms on which applications for registration, reregistration and transfer of livestock brands shall be made and shall furnish such forms to the sheriff and the county agricultural agent of each county of the state to be distributed on request to livestock owners desiring to make application for registration of brands and such applications may also be furnished to applicants by the department.
(Acts 1975, No. 567, p. 1301, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-25 - Maintenance, Publication, etc., of Register of Brands by Department; Department to... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-25 - Maintenance, Publication, etc., of Register of Brands by Department; Department to Determine Ownership, etc., of Lost, Estrayed or Stolen Livestock and Furnish Said Information to Interested Persons. | Section 2-15-25
Maintenance, publication, etc., of register of brands by department; department to determine ownership, etc., of lost, estrayed or stolen livestock and furnish said information to interested persons.
(a) The department shall maintain a complete register of all brands, showing the name and address of the owner, and shall publish and distribute copies of this register in booklet or pamphlet form and supplementary copies thereof to every livestock market and sheriff's office and other public officials in the state that may have an official need therefor. Copies of the register of brands may be furnished to other persons upon request at a price of $5.00 per copy.
(b) The department shall also make use of its records of brand registrations in the performance of its duties to trace, locate and determine ownership of any lost, estrayed or stolen livestock and similar duties relating to livestock theft investigations and furnish such information to interested persons, upon receipt of notice giving details or description of the kind of livestock, color, weight, size, sex, age, marks, brands and other identifying information.
(Acts 1975, No. 567, p. 1301, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-26 - Disposition of Fees Collected for Registration, Transfer, etc., of Brands, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-26 - Disposition of Fees Collected for Registration, Transfer, etc., of Brands, Etc. | Section 2-15-26
Disposition of fees collected for registration, transfer, etc., of brands, etc.
All fees collected under this article for the registration, transfer and reregistration of brands together with amounts received for copies of brand registration books furnished upon request as authorized under Section 2-15-25 shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(Acts 1975, No. 567, p. 1301, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-27 - Records Required to Be Maintained by Operators of Livestock Markets, Livestock Hid... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-27 - Records Required to Be Maintained by Operators of Livestock Markets, Livestock Hide Dealers, Etc. | Section 2-15-27
Records required to be maintained by operators of livestock markets, livestock hide dealers, etc.
(a) Every operator of a livestock market where livestock are received and sold shall keep a copy of the register of livestock brands in his place of business where it will be easily accessible for public inspection during business hours.
(b) The operator of every livestock market where livestock are received and sold, together with those livestock dealers, slaughterers and butchers buying livestock for resale or for slaughter which livestock were not purchased at a livestock market, shall obtain and keep or cause to be kept a record for at least two years covering all livestock received, which shall show thereon the name and address of the owner, the number of animals received, the date of receipt and a description of such livestock together with the license number of the vehicle with the name and address of the driver thereof or the railroad waybill number or record of other method of transportation by which the livestock arrived. These records shall be retained by every such livestock market, dealer or slaughterer required to keep such records and shall be made easily accessible for public inspection for a period of two years after the livestock are received by such livestock market, dealer or slaughterer. Livestock dealers required to keep records under this subsection shall be those dealers required to be licensed under Article 6 of this chapter.
(c) Livestock hide dealers shall keep records of cattle hides received by them to facilitate the tracing of lost or stolen livestock. Livestock hide dealers shall keep a record of all such hides which shall include the name and address of the person from whom hides are purchased, a description of the hides, brands and any other identifying information appearing thereon. Livestock hide dealers shall keep such records for public inspection for a period of two years after receipt of such hides.
(Acts 1975, No. 567, p. 1301, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-28 - Promulgation of Rules and Regulations by Commissioner for Implementation of Articl... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-28 - Promulgation of Rules and Regulations by Commissioner for Implementation of Article, etc., Generally; Designation by Commissioner of Positions on Which Animals May Be Branded. | Section 2-15-28
Promulgation of rules and regulations by commissioner for implementation of article, etc., generally; designation by commissioner of positions on which animals may be branded.
(a) The commissioner, with the approval of the board, shall have authority to promulgate such rules and regulations as are reasonably necessary to carry out the evident intent and purposes of this article and which will facilitate the tracing and identification of lost, stolen or estrayed livestock and afford protection against the theft and unlawful dealing, handling or movement of livestock, including a system for brand registrations, transfer of brands, reregistrations and standards or requirements for brands acceptable for registration, which regulations will effectuate the purposes of this article. Such rules and regulations promulgated by the commissioner shall include information on the tracing and identification of lost, stolen or estrayed swine to be identified by brands, tattoos or other means.
(b) The commissioner, with the approval of the board, pursuant to rules and regulations, shall be authorized to designate positions on which livestock may be branded, not to exceed eight such positions.
(Acts 1975, No. 567, p. 1301, §§2, 9; Acts 1979, No. 79-667, p. 1174, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-29 - Prohibited Acts. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-29 - Prohibited Acts. | Section 2-15-29
Prohibited acts.
It shall be unlawful for:
(1) Any person to use any brand for branding livestock unless the brand is registered with the department;
(2) Any person to obliterate, alter or deface the brand of any livestock;
(3) Any livestock market or livestock dealer to receive any livestock for sale or any livestock slaughterer to receive livestock for slaughter unless records of receipt and sale are kept in accordance with the requirements of this article;
(4) Any livestock market, livestock dealer or livestock slaughterer to fail or refuse to keep a copy of the register of brands furnished by the department in a place easily accessible to interested parties for inspection at reasonable times as required by subsection (a) of Section 2-15-27;
(5) Any livestock market or livestock dealer or livestock slaughterer to fail or refuse to keep a record for review and inspection at reasonable times as required by subsection (b) of Section 2-15-27; and
(6) Any livestock hide dealer to fail or refuse to keep records required by subsection (c) of Section 2-15-27 for review and inspection as required by said subsection.
(Acts 1975, No. 567, p. 1301, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-2/section-2-15-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 2 - Branding of Livestock.›Section 2-15-30 - Violations of Provisions of Article or Rules and Regulations Promulgated Thereunde... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 2 - Branding of Livestock. › Section 2-15-30 - Violations of Provisions of Article or Rules and Regulations Promulgated Thereunder Deemed Misdemeanors; Disposition of Fines Collected for Violations of Article; Revocation, etc., of Permits or Licenses of Livestock Markets or Livestock Dealers by Commissioner Upon Violations of Provisions of Article. | Section 2-15-30
Violations of provisions of article or rules and regulations promulgated thereunder deemed misdemeanors; disposition of fines collected for violations of article; revocation, etc., of permits or licenses of livestock markets or livestock dealers by commissioner upon violations of provisions of article.
(a) Any person who performs any act declared to be unlawful by this article or who fails to perform any duty imposed by the provisions and requirements of this article or who violates any rule or regulation promulgated hereunder shall be guilty of a misdemeanor and punishable as provided by law for such an offense.
(b) All amounts paid as fines for violations of this article when collected by the proper authority shall be transmitted to the department and deposited in the State Treasury to the credit of the Agricultural Fund.
(c) If any livestock market or livestock dealer violates any of the provisions or requirements of this article, such violations shall constitute grounds for the commissioner to revoke or cancel or refuse to issue or renew the permit or license issued by him which authorizes the operation of a livestock market or to engage in business as a livestock dealer pursuant to the law which regulates and governs the receipt, handling and sale of livestock at livestock markets or as a livestock dealer pursuant to Article 6 of this chapter.
(Acts 1975, No. 567, p. 1301, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-40 - "Dealer" Defined. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-40 - "Dealer" Defined. | Section 2-15-40
"Dealer" defined.
Every person engaged in the business of buying livestock as defined in Section 2-15-20 for resale or slaughter or who engages in the business of transporting, hauling or driving livestock as defined in Section 2-15-20 along any public road or highway of Alabama for resale, market or slaughter or who engages in the business of slaughtering such livestock shall be deemed to be a dealer for the purposes of this article.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §384; Acts 1979, No. 79-774, p. 1376, §1; Acts 1994, No. 94-322, p. 562, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-41 - Dealer's Permit Required; Permit Fee and Plates for Vehicles Used in Hauling or Tr... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-41 - Dealer's Permit Required; Permit Fee and Plates for Vehicles Used in Hauling or Transporting Livestock; Relation to Article 6 of Chapter. | Section 2-15-41
Dealer's permit required; permit fee and plates for vehicles used in hauling or transporting livestock; relation to Article 6 of chapter.
No dealer, except as provided in this section, may engage in any business described in Section 2-15-40 without a permit. Every dealer shall annually, on or before October 1, file an application with the commissioner for a permit to engage in the business. The application shall be made upon forms furnished by the Department of Agriculture and Industries and shall contain such information as may be required. The fee for every permit, except as provided in this section, shall be established by the Board of Agriculture and Industries not to exceed thirty-seven dollars fifty cents ($37.50), which shall be paid to the commissioner and deposited in the State Treasury to the credit of the Agricultural Fund. If such permit fee is not paid within 45 days from the date on which the fee is due, a delinquent penalty of 15 percent shall be added.
Every dealer who also engages in the business of transporting or hauling for hire cattle, sheep, goats, or hogs along any public road or highway of Alabama for resale, market, or slaughter shall pay an annual permit fee established by the Board of Agriculture and Industries not to exceed thirty-seven dollars fifty cents ($37.50) for each vehicle used in hauling or transporting such livestock, and the commissioner, under rules promulgated by the Board of Agriculture and Industries, shall issue a suitable permit plate or annual decal for proper identification of each vehicle used by dealers in hauling or transporting livestock for resale, market, or slaughter.
Any dealer who procures a license as a dealer pursuant to the requirements of Article 6 of this chapter and who otherwise complies with the provisions of Article 6 of this chapter shall not be required to obtain the annual permit nor pay the fee therefor as required under this section, but every such dealer shall comply with the other provisions and requirements of this article; provided, that any dealer who is required to procure a license by Article 6 of this chapter who also engages in the business of transporting or hauling for hire cattle, sheep, goats, or hogs along any public road or highway in Alabama shall also be required to procure a permit and pay the fee therefor as required under this section.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §385; Acts 1953, No. 226, p. 292; Acts 1976, No. 363, p. 448, §1; Act 2004-516, p. 996, §1; Act 2017-226, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-42/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-42 - Forfeiture of Dealer's Permit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-42 - Forfeiture of Dealer's Permit. | Section 2-15-42
Forfeiture of dealer's permit.
Any dealer as defined in Section 2-15-40 who willfully violates any of the rules and regulations of the Commissioner of Agriculture and Industries lawfully made under the provisions of this article, shall forfeit the permit as such dealer in addition to any other penalty or punishment provided by law.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §391.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-43/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-43 - Dealers to Obtain, etc., Bills of Sale Upon Purchase of Livestock as Defined in Se... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-43 - Dealers to Obtain, etc., Bills of Sale Upon Purchase of Livestock as Defined in Section 2-15-20; Dealers Transporting Livestock for Hire Upon Public Roads or Highways to Issue Waybills or Bills of Lading; Transporting of Livestock Without Bill of Sale, etc.; Dealer, etc., to Exhibit Bill of Sale, etc., Upon Demand by Sheriff, Etc. | Section 2-15-43
Dealers to obtain, etc., bills of sale upon purchase of livestock as defined in Section 2-15-20; dealers transporting livestock for hire upon public roads or highways to issue waybills or bills of lading; transporting of livestock without bill of sale, etc.; dealer, etc., to exhibit bill of sale, etc., upon demand by sheriff, etc.
All such dealers shall be required to obtain from the owner or seller, on purchase of any livestock as defined in Section 2-15-20, a bill of sale therefor, upon such forms as may be prescribed by the Commissioner of Agriculture and Industries and shall, on purchase, leave with such owner or seller a copy or duplicate of such bill of sale.
Dealers engaged in the business of transporting or hauling for hire livestock as defined in Section 2-15-20 along any public road or highway shall issue a waybill or bill of lading for all livestock hauled or transported by them containing such information as may be required by rules and regulations approved by the State Board of Agriculture and Industries.
It shall be unlawful for any dealer or his agent or employee to drive, haul or otherwise transport any such livestock along or upon any public road or highway in Alabama unless such dealer or his agent or employee shall have in his possession accompanying such hauling or shipment or transportation the original or a duplicate copy of the bill of sale, waybill or bill of lading as required by this section for any such livestock so being driven, hauled or transported, and the dealer or his agent or employee or other person in charge of such livestock shall on demand exhibit said accompanying bill of sale, waybill or bill of lading to any sheriff, deputy or other officer of the law.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §386; Acts 1976, No. 363, p. 448, §2; Acts 1994, No. 94-322, p. 562, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-45/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-45 - Promulgation of Rules and Regulations as to Conduct, Management and Operation of B... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-45 - Promulgation of Rules and Regulations as to Conduct, Management and Operation of Business of Dealers. | Section 2-15-45
Promulgation of rules and regulations as to conduct, management and operation of business of dealers.
Power is hereby conferred upon the Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, to establish rules and regulations not inconsistent with law for the conduct, management and operation of any business as defined in this article, including the making, keeping and inspection of records to facilitate the tracing and identification of such livestock, the records to be kept and reports made and other like matters provided for to protect against stealing or unlawful dealing in or transportation of such livestock.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §389.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-46/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-46 - Violation of Provisions of Article Deemed Misdemeanor. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-46 - Violation of Provisions of Article Deemed Misdemeanor. | Section 2-15-46
Violation of provisions of article deemed misdemeanor.
Any person violating any provisions of this article shall be guilty of a misdemeanor.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §390.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-47/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-47 - Applicability of Provisions of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-47 - Applicability of Provisions of Article. | Section 2-15-47
Applicability of provisions of article.
The provisions of this article shall not apply to the buying, transportation or resale of cattle, hogs, sheep or goats when the buying, transportation or resale of such livestock is for the purpose of grazing, feeding or milking of such livestock by the person so buying, transporting or reselling such livestock.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §388.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-3/section-2-15-48/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter.›Section 2-15-48 - Permits Required by Article Cumulative; Article Not to Prohibit Adoption by Munici... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 3 - Regulation of Dealers in Livestock for Purposes of Resale, Market or Slaughter. › Section 2-15-48 - Permits Required by Article Cumulative; Article Not to Prohibit Adoption by Municipalities of Sanitary Rules or Regulations for Conduct of Dealer's Business. | Section 2-15-48
Permits required by article cumulative; article not to prohibit adoption by municipalities of sanitary rules or regulations for conduct of dealer's business.
The payment of the permit fees provided for in this article shall be in addition to any license or licenses now or hereafter required to be paid to the State of Alabama or any county or any incorporated city or town for the privilege of conducting such business or businesses, and nothing contained in this article shall prohibit any incorporated city or town from adopting sanitary rules or regulations for the conduct of any such business within such city or town.
(Acts 1936, Ex. Sess., No. 190, p. 222; Code 1940, T. 2, §392.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-60 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-60 - Definitions. | Section 2-15-60
Definitions.
When used in this division, the following terms shall have the following meanings, respectively, unless the context clearly indicates a different meaning:
(1) BOARD. The Board of Agriculture and Industries of the State of Alabama.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(3) DEPARTMENT. The Department of Agriculture and Industries of the State of Alabama.
(4) LIVESTOCK. Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry.
(5) LIVESTOCK MARKET. A place, concentration or collection point, or other public or private place where a person shall assemble livestock for either public or private sale by him and such service or the cost or expense thereof is to be compensated for by the owner, on a commission basis or otherwise, or where such person purchases livestock for resale. The term shall not include:
a. Any place other than at a permanently established livestock market, used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is there sold or offered for sale.
b. Any farm, ranch, or place where livestock either raised or kept thereon for the grazing season or for fattening is sold and no other livestock is brought there for sale or offered for sale.
c. The premises of any butcher, packer, or processor who receives animals exclusively for immediate slaughter.
d. The premises of any person engaged in the raising of livestock for breeding purposes only who limits his sale to animals of his own production.
e. Any place where a breeder or an association of breeders of livestock of any class assemble and offer for sale and sell under his or their own management any livestock when such breeder or association of breeders shall assume all responsibility of such sale and the title of livestock sold.
f. Any place, other than at a permanently established livestock market, used solely for livestock sales of 4-H clubs, Future Farmers of America and other youth organizations of like kind.
(6) PERSON. Any individual, partnership, corporation, association, or other legal entity or organization.
(Acts 1975, No. 386, p. 950, §1; Acts 1979, No. 79-774, p. 1376, §2; Acts 1994, No. 94-322, p. 562, §5; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-61/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-61 - Permits Required for Operation of Livestock Markets; Applications; Issuance; Revoc... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-61 - Permits Required for Operation of Livestock Markets; Applications; Issuance; Revocation; Appeals. | Section 2-15-61
Permits required for operation of livestock markets; applications; issuance; revocation; appeals.
(a) No person shall operate a livestock market in the State of Alabama without first having obtained from the commissioner, as required by this division, an annual permit therefor.
(b) The application for such a permit shall be made upon forms furnished by the department, which shall be verified by affidavit of the applicant which shall include all of the following information:
(1) The name and address of the applicant or applicants and, if a corporation, its officers, and if a partnership, the names and addresses of its partners.
(2) The place where applicant proposes to operate a livestock market.
(3) A description of the property and facilities proposed to be used as a livestock market.
(4) The kind of livestock the applicant proposes to handle at the livestock market and the day or days of the week the applicant proposes to conduct sales.
(5) A financial statement of the applicant prepared by a financial institution, certified public accountant, or tax professional, showing the gross amount of business done by applicant during the preceding year, October 1 through September 30, and such statement shall show applicant's assets and liabilities.
(6) An annual animal health inspection of the site performed by the State Veterinarian or his or her duly authorized agent.
(7) Such other pertinent information as the commissioner may require relating to the bond and insurance, as required by this division, together with such information as may be required relating to the physical facilities of the livestock market and its record-keeping system for the identity of livestock received and handled.
(c) A permit shall be issued when the commissioner finds all of the following:
(1) The application is in due form.
(2) The applicant has filed with the commissioner a bond as provided in this division.
(3) The permit fee has been paid as provided in this division.
(4) The requirements of this division and all rules promulgated under this division have been complied with.
(d) A permitee shall notify the commissioner in writing not more than 30 days after any change to the information required under subsection (b).
(e) The permit issued under this division shall be revoked or shall not be issued or renewed when the commissioner finds that the livestock market is not complying with this division or rules duly promulgated under this division or any such livestock market is or has not complied with any requirement of law for the control and eradication of any diseases of livestock or any law requiring the keeping of records relating to the identity of livestock for such purpose or for the tracing of lost, stolen, or estrayed livestock or any rule promulgated under authority of such laws.
(f) Any livestock market refused or denied a permit provided for in this division or any livestock market having its permit revoked or cancelled by the commissioner shall be entitled to appeal such action of the commissioner to the board by filing a written notice or demand therefor with the commissioner within 10 days after notice of denial, revocation of, or failure to renew a permit has been received by the livestock market. The appeal must be heard by the board at the next regular meeting or a special meeting called for this purpose; provided, that such appeal must be heard by the board on a date not later than 30 days following the date on which an appeal is filed. The filing of an appeal shall not suspend the action of the commissioner in the revocation or cancellation of a permit. The action of the board in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the livestock market is located, upon a complaint being filed in the circuit court, accompanied by a bond to be approved by the register or clerk within 15 days after notice to the applicant or to the holder of the permit of the board's decision. Such complaint shall be styled in the name of applicant or holder of the permit as plaintiff against the commissioner as defendant and shall set forth the action complained of and pray its reversal. It shall be the duty of the commissioner to serve an answer within 30 days after the complaint is served upon the commissioner. The case shall be heard de novo by the court and it shall be determined from the evidence whether the refusal or revocation of the permit is or is not justified under this division, and a decision shall be accordingly entered, subject to the right of appeal, which shall lie from a final order or judgment of the circuit court in the same manner as in other civil cases. All appeal rights provided in this subsection shall not suspend the action of the commissioner in the revocation or refusal of a permit.
(Acts 1975, No. 386, p. 950, §2; Act 2017-226, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-62/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-62 - Livestock Market Permit Fees; Use and Disclosure of Information Pertaining to Amou... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-62 - Livestock Market Permit Fees; Use and Disclosure of Information Pertaining to Amount or Volume of Business. | Section 2-15-62
Livestock market permit fees; use and disclosure of information pertaining to amount or volume of business.
(a) Unless otherwise provided in this section, every person operating a livestock market in this state shall be required to pay annually, on or before October 1, a permit fee. The exact amount of such annual permit fee for livestock markets, depending upon the annual gross business during the preceding 12-month period prior to October 1 established by the Board of Agriculture and Industries, within the range of the schedule set out below, shall be as follows:
(1) For an annual gross business of $250,000.00 or less, the permit fee shall be not less than $75.00 nor more than $90.00;
(2) For an annual gross business of more than $250,000.00 but less than $500,000.00, the permit fee shall be not less than $150.00 nor more than $180.00;
(3) For an annual gross business of more than $500,000.00 but less than $1,000,000.00, the permit fee shall be not less than $225.00 nor more than $270.00;
(4) For an annual gross business of more than $1,000,000.00 but less than $2,500,000.00, the permit fee shall be not less than $300.00 nor more than $360.00;
(5) For an annual gross business of over $2,500,000.00, the permit fee shall be not less than $375.00 nor more than $450.00.
The amount of permit for livestock markets which are beginning operations shall be the minimum established by the Board of Agriculture and Industries. The fee levied under this section for any permit issued on or after April 1 of any year shall be one half of the amount prescribed above for an annual permit fee unless the permit was actually required to be obtained prior to that date.
(b) All permit fees due under this section shall be delinquent 30 days from the date on which such permit fee was due and a delinquent penalty of 15 percent shall be added to the amount of the permit fee.
(c) All fees collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(d) The permit fee levied under this section shall be paid by all agricultural cooperative marketing associations operating livestock markets. The exemptions allowed such agricultural cooperative marketing associations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such cooperative associations from the payment of the permit fee levied by the provisions of this section.
(e) Any information received by the commissioner or the department relating to the amount or volume of business conducted by a livestock market for the purposes of Section 2-15-61 and this section shall be confidential and for official use only and shall not be divulged by the commissioner or department; provided, however, that such information may be used for agricultural statistical purposes and shall be disclosed in aggregate amounts only and not be publicly disclosed with respect to the name or names of individual livestock markets.
(Acts 1975, No. 386, p. 950, §3; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-63/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-63 - Bonds of Livestock Market Operators. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-63 - Bonds of Livestock Market Operators. | Section 2-15-63
Bonds of livestock market operators.
Any person operating a livestock market in this state shall make and execute a bond in favor of the State of Alabama, which bond shall be made by a surety company qualified to do business in the State of Alabama and such bond shall be filed in the office of the commissioner. The minimum amount of such bond shall be $5,000.00 or such greater sum not to exceed $50,000.00. The exact amount of said bond shall be determined by dividing the gross amount of business done by such livestock market during the preceding 12 months or such part thereof as the livestock market was engaged in business by the number of days on which sales were made, and such bond shall be not less than the nearest multiple of $1,000.00. Any bond accepted under the provisions of this section shall be not less than $5,000.00 nor more than $50,000.00. In the event the livestock market has not engaged in business during the year preceding the date of its application for a permit, the amount of the bond shall be determined by the commissioner upon the basis of anticipated business to be done during the year for which a permit is applied. The commissioner shall require a bond in an amount to be arrived at by dividing the gross amount of anticipated business by the number of days on which sales are to be held during the year for which the permit is applied.
Such bond shall be conditioned that the livestock market named therein as principal shall, upon the sale of any livestock, promptly pay to the rightful owners all money received by it, less reasonable expenses and commissions.
Any person having a right of action against the livestock market named as principal in such bond may bring a civil action in his own name against the principal and surety of such bond for the recovery of any loss sustained by the owner of livestock for the violation of the conditions of said bond; provided, however, that the aggregate liability of the surety for all such losses shall in no event exceed the amount of said bond.
The commissioner is hereby authorized to accept a bond made by any livestock market pursuant to the bonding provisions of the federal Packers and Stockyards Act of 1921, as amended, and any livestock market presenting such a bond shall be deemed to have complied with the bonding provisions of this section; provided, that the amount of such bond shall equal or be greater than the amount required under this section. The commissioner is authorized to be designated as trustee in any bond or principal-surety contract or he shall be authorized to designate the director or chief of the division of the department which handles the administration of this division to be designated and named as trustee in any bond accepted as authorized in this section which is made by any livestock market as required under the Packers and Stockyards Act of 1921, as amended.
(Acts 1975, No. 386, p. 950, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-64/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-64 - Equipment and Facilities Required for Markets; Promulgation of Rules and Regulatio... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-64 - Equipment and Facilities Required for Markets; Promulgation of Rules and Regulations by Commissioner as to Operation of Markets Generally. | Section 2-15-64
Equipment and facilities required for markets; promulgation of rules and regulations by commissioner as to operation of markets generally.
(a) Every livestock market operating under this division shall have adequate and proper facilities for handling livestock, which shall include proper pens for holding and segregating animals properly protected from the weather; an adequate sanitary water supply; satisfactory scales, such scales to be approved by the division of weights and measures, Department of Agriculture and Industries or its successor in duties; concrete-floored pens for holding cattle to be tested, treated or sprayed; and adequately constructed and designated quarantine pens for segregating and testing livestock that might be affected with or exposed to a contagious or infectious disease. Necessary chutes for handling cattle must be provided. If feeder or breeder swine are handled, concrete or other impervious floored pens must be provided that will keep this kind of swine completely separated from slaughter swine at all times.
(b) Livestock markets shall also be required to have certain necessary and essential equipment and to comply with such other minimum standards of construction as may be required by rules and regulations promulgated by the commissioner, with the approval of the board, to carry out the evident intent and purposes of this section.
(c) The commissioner, with the approval of the board, is also authorized to promulgate such rules and regulations pertaining to the operation of livestock markets as may be reasonably necessary for the prevention, spread, eradication and control of contagious and infectious diseases among livestock which are received, kept, handled, sold, moved and delivered from livestock markets. Such regulations may require methods of receiving, keeping, handling, inspecting, testing, treating, dipping, vaccinating, inoculating, separating, segregating and quarantining livestock sold for stocker, feeder or breeding purposes as well as methods of receiving, handling, keeping, selling and moving livestock for slaughter purposes as well as rules and regulations governing the operation of scales on which livestock are weighed and testing for accuracy of such scales for the purpose of weights of livestock sold on the basis of weight.
(Acts 1975, No. 386, p. 950, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-65/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-65 - Issuance and Disposition of Bills of Sale by Markets; Information to Be Shown on B... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-65 - Issuance and Disposition of Bills of Sale by Markets; Information to Be Shown on Bills of Sale. | Section 2-15-65
Issuance and disposition of bills of sale by markets; information to be shown on bills of sale.
(a) Every livestock market shall, upon the sale of any livestock, issue a bill of sale in duplicate and, thereupon, deliver one copy of such bill of sale to the buyer and retain one on file for a period of at least 24 months in the office of the livestock market.
(b) The type of information to be shown on such bills of sale may be prescribed by rules and regulations adopted by the board.
(Acts 1975, No. 386, p. 950, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-66/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-66 - Livestock Market Operators Selling Livestock at Auction Not to Permit Purchase of... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-66 - Livestock Market Operators Selling Livestock at Auction Not to Permit Purchase of Livestock, etc., by Owners, Officers, Employees, etc., of Market. | Section 2-15-66
Livestock market operators selling livestock at auction not to permit purchase of livestock, etc., by owners, officers, employees, etc., of market.
(a) Livestock market operators who sell livestock at auction shall not permit their owners, officers, agents or employees to purchase livestock at auction from consignments for resale for their own speculative accounts nor purchase livestock for the accounts of others, nor shall they permit their owners, officers, agents or employees to enter into agreements with other parties whereby such owners, officers, agents or employees shall share, directly or indirectly, in profits realized from resale of livestock purchased at auction out of consignments on a speculative basis. This provision shall not prohibit the livestock market from purchasing livestock from consignment in order to protect the legitimate interests of consignors after having publicly offered the livestock for sale to the highest bidder.
(b) Livestock market operators shall not permit auctioneers, weighmasters, clerks, starters or other employees performing duties of comparable responsibility to purchase livestock out of consignment for any purpose for their own accounts or the accounts of others.
(Acts 1975, No. 386, p. 950, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-67/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-67 - Commissioner to Require Markets to Carry Insurance on Livestock Accepted for Sale. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-67 - Commissioner to Require Markets to Carry Insurance on Livestock Accepted for Sale. | Section 2-15-67
Commissioner to require markets to carry insurance on livestock accepted for sale.
The commissioner, with the approval of the board, shall require and is hereby authorized by appropriate rules and regulations to require livestock markets to carry insurance on all livestock accepted for sale in order that such livestock will be insured against injury or loss by fire or windstorm while such livestock are kept at a livestock market.
(Acts 1975, No. 386, p. 950, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-68/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-68 - Rules and Regulations for Implementation of Division. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-68 - Rules and Regulations for Implementation of Division. | Section 2-15-68
Rules and regulations for implementation of division.
The commissioner, with the approval of the board, is hereby authorized to promulgate rules and regulations as are reasonably necessary to carry out the evident intent and purposes of this division. Before any rules and regulations which are authorized to be promulgated by the commissioner under this division shall be approved by the board, the commissioner shall, at least 10 days before any such rule or regulation is submitted to the board for approval, notify all livestock markets in the State of Alabama of the date on which such regulation is to be submitted to the board for approval in order that livestock market operators may appear and be heard concerning the adoption of all rules and regulations to be promulgated and approved under the provisions of this division.
Following promulgation and approval of all rules and regulations as authorized under this division and within 30 days, the commissioner shall give notice of such rules and regulations so promulgated and approved and such rules and regulations shall not become effective until the expiration of such 30-day period.
(Acts 1975, No. 386, p. 950, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-15/article-4/division-1/section-2-15-69/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 15 - Livestock.›Article 4 - Regulation of Livestock Markets Generally.›Division 1 - General Provisions.›Section 2-15-69 - Right of Entry and Inspection by Commissioner, State Veterinarian, etc.; Interfere... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 15 - Livestock. › Article 4 - Regulation of Livestock Markets Generally. › Division 1 - General Provisions. › Section 2-15-69 - Right of Entry and Inspection by Commissioner, State Veterinarian, etc.; Interference With Performance of Duties by Commissioner, State Veterinarian, Etc. | Section 2-15-69
Right of entry and inspection by commissioner, State Veterinarian, etc.; interference with performance of duties by commissioner, State Veterinarian, etc.
(a) The commissioner, the State Veterinarian or their duly authorized agent, including livestock market inspectors and livestock theft investigators of the department, are hereby authorized and may enter upon the premises of any livestock market or into any buildings on such premises at all reasonable hours for the purpose of examining and inspecting such premises, buildings or other structures located on such premises in enforcing the provisions of this division. The commissioner, the State Veterinarian or their duly authorized agents, including livestock markets inspectors and livestock theft investigators, shall also have access during business hours of the day to the livestock markets' records relating to the receipt, keeping, handling, sale and delivery of livestock for examination and inspection in carrying out the provisions of this division or rules and regulations relating thereto.
(b) Any person who shall assault, resist, impede, oppose, prevent or interfere with the commissioner, the State Veterinarian or their authorized agents, including livestock markets inspectors and livestock theft investigators, in the execution of his or their duties shall be guilty of a misdemeanor and punishable under the penalty provisions of this division.
(Acts 1975, No. 386, p. 950, §10.) |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.