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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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20-2-143
Section 20-2-143 Manufacture, distribution, possession, or advertisement of imitation controlled
substances prohibited; penalties; immunity of certain persons from liability. (a) Manufacture
or distribution. It is unlawful for any person to manufacture, distribute, or possess with
intent to distribute or sell an imitation controlled substance. Any person who violates this
subsection shall be guilty of a Class A misdemeanor under Title 13A. (b) Distribution to a
minor. Any person 18 years of age or older who violates subsection (a) of this section by
distributing or selling an imitation controlled substance to a person under 18 years of age
shall be guilty of a Class C felony under Title 13A. (c) Possession. It is unlawful for any
person to use or possess with intent to use, an imitation controlled substance. Any person
who violates this subsection shall be guilty of a Class C misdemeanor under Title 13A. (d)
Advertisement. It is unlawful for any person to place in any newspaper,...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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40-10-79
Section 40-10-79 Recitation of fact of purchase deemed prima facie evidence. When an action
is brought to recover possession of lands by either the state, its assignee or by purchaser
other than the state, or his assignee as provided by Sections 40-10-73 and 40-10-74, the complainant
shall recite the fact of the tax sale and purchase, and the certificate of purchase, and the
same shall prima facie be sufficient to entitle the complainant to judgment, and the burden
shall be on the respondent to show that the complainant is not entitled to recover. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, ยง292.)...
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45-27-247.08
Section 45-27-247.08 Stamps required for sale of cigarettes. (a) It shall be unlawful for any
person to sell or offer for sale either at wholesale or retail in Escambia County, Alabama,
any cigarettes on which the stamp or stamps as herein provided do not appear and the possession
of cigarettes in Escambia County, Alabama, by a seller in any retail establishment without
the proper stamps thereon shall be prima facie evidence of violation of this subpart by the
retail seller. (b) It shall be the duty and responsibility of all wholesalers and jobbers
selling or distributing cigarettes in Escambia County, Alabama, to see that the proper stamp
or stamps are placed on the cigarettes before leaving them in a retail establishment and it
shall be the responsibility of all retail sellers of cigarettes in Escambia County, Alabama,
to have the proper stamp or stamps on all cigarettes in their place of business which are
offered for sale to the general public and failure to comply with this...
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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of
goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325. "Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4). "Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325. "Conforming to contract." Section
7-2-106. "Contract for sale." Section 7-2-106. "Cover." Section 7-2-712.
"Entrusting." Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-2-402
Section 7-2-402 Rights of seller's creditors against sold goods. (1) Except as provided in
subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods
which have been identified to a contract for sale are subject to the buyer's rights to recover
the goods under this article (Sections 7-2-502 and 7-2-716). (2) A creditor of the seller
may treat a sale or an identification of goods to a contract for sale as void if as against
him a retention of possession by the seller is fraudulent under any rule of law of the state
where the goods are situated, except that retention of possession in good faith and current
course of trade by a merchant-seller for a commercially reasonable time after a sale or identification
is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors
of the seller: (a) Under the provisions of the article on secured transactions (Article 9);
or (b) Where identification to the contract or delivery is made...
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7-8-314
Section 7-8-314 (Effective Until January 1, 1997) Duty to deliver, when completed. (1) Unless
otherwise agreed where a sale of a security is made on an exchange or otherwise through brokers:
(a) The selling customer fulfills his duty to deliver when he places such a security in the
possession of the selling broker or of a person designated by the broker or if requested causes
an acknowledgment to be made to the selling broker that it is held for him; and (b) The selling
broker including a correspondent broker acting for a selling customer fulfills his duty to
deliver by placing the security or a like security in the possession of the buying broker
or a person designated by him or by effecting clearance of the sale in accordance with the
rules of the exchange on which the transaction took place. (2) Except as otherwise provided
in this section and unless otherwise agreed, a transferor's duty to deliver a security under
a contract of purchase is not fulfilled until he places the security...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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8-12-22
Section 8-12-22 Use, furnishing, trafficking, or possession of containers without consent presumptive
evidence of unlawful use or purchase. The use by any person or corporation, other than the
person or corporation whose name, mark, or device may be, or may have been, upon the same,
without the written consent of, or purchase from, the owner of any bottle, box, siphon, fountain,
or keg, a description of the name, mark, or device whereon shall have been filed and published
as provided in Section 8-12-20, for the sale of soda water, mineral, or aerated water, ginger
ale, milk, cream, beer, ale, or other beverages, any article of merchandise, medicines, compounds,
or preparations, or for the furnishing of such similar beverages to customers or the buying,
selling, using, disposing of, or trafficking in any such bottles, boxes, siphons, fountains,
or kegs by any person or corporation other than the person or corporation owning the name,
mark, or device thereon of such owner, without his...
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