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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive
business practices if in the course of engaging in a business, occupation, or profession,
he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale,
or delivers, less than the represented quantity of any commodity or service; or (3) Takes
or attempts to take more than the represented quantity of any commodity or service when as
buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated
commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall
be a defense to a prosecution under this section if the actor acts neither knowingly
nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift
the burden of proof. (c) "Adulterated" means varying from the standard of composition...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in
the conduct of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods
or services as those of another, provided that this section shall not prohibit the
private labeling of goods or services. (2) Causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or services. (3) Causing confusion
or misunderstanding as to the affiliation, connection, or association with, or certification
by another, provided that this section shall not prohibit the private labeling of goods
or services. (4) Using deceptive representations or designations of geographic origin in connection
with goods or services. (5) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or qualities that they do not have or that a
person has sponsorship, approval, status, affiliation, or connection that he or she does...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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2-26-5
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes
for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb,
tree, shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant
such seed in the State of Alabama shall, before selling or offering such seed for sale or
distributing or soliciting orders for the sale of such seed and on or before January 1 of
each year secure an annual permit from the Commissioner of Agriculture and Industries to engage
in such business. Seed dealers and other sellers of seed shall apply for an annual permit
upon forms prescribed by the commissioner, and such permit shall be issued upon the payment
of the following permit fees when the application is in proper form: (1) For each person engaged
in selling seed at retail in closed containers or packets of eight ounces or less displayed
on a supplemental container display, a permit fee established by the Board of...
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9-11-237
Section 9-11-237 Sale and purchase of game birds and animals including the meat or other
product thereof. Any person, firm, or corporation who sells, offers, or exposes for sale,
buys, purchases, barters, or exchanges anything of value for any game bird or game animal
or any part thereof at any time shall be guilty of a misdemeanor and, upon conviction, shall
be punished by a fine of not less than $250.00 nor more than $500.00 for each offense. Duly
licensed catchers of fur-bearing animals may sell to regularly licensed buyers or dealers
only the furs, skins, or pelts of fur-bearing animals which they lawfully take, capture, or
kill. The licensed catcher of fur-bearing animals may sell or offer for sale for food the
dressed carcass of edible fur-bearing animals named by law or regulations. However, notwithstanding
anything herein to the contrary, it shall not be a violation of this section to sell,
offer, or expose for sale, buy, purchase, barter, or exchange anything of value for any...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in
possession of any article, substance, material or product, the sale of which is regulated
under the provisions of this title or any other provision of this Code or other statute which
the Commissioner, Department or Board of Agriculture and Industries is authorized or directed
to administer or enforce, by any person who manufactures, sells, keeps for sale, offers or
exposes for sale, serves, distributes or delivers the same shall be prima facie evidence of
having in possession with intent to sell, except, that this section or any of the penalties
set forth in this title or other such statute shall not apply to any common carrier when said
article, substance, material or product was received by said carrier for transportation in
the ordinary course of business and without actual knowledge of the adulteration, misbranding
or under standard grade, weight or measure claimed. (Ag. Code 1927, ยง3; Code 1940,...
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28-3-187
28-3-187 Section 28-3-187 Identification on containers; procedures; penalties (a) For
the protection of the public welfare, health, peace and morals of the people of this state,
including without limitation regulation of the quality of malt or brewed beverages sold, offered
for sale or held for sale within this state, and for the protection of the tax revenues accruing
to the state by virtue of taxes levied on malt or brewed beverages, it is hereby declared
the intention and purpose of this article that the board shall require all manufacturer licensees,
or in lieu thereof, all importer licensees to affix Alabama identification, as will be prescribed
by the board, to all original containers in which malt or brewed beverages is normally placed
and prepared for market, received, sold or handled, before such beverages are sold, offered
for sale or held for sale within this state. Provided, however, a wholesaler licensee may,
subject to the rules and regulations promulgated by the board,...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person
wishing to make a complaint against a licensee or apprentice under this chapter shall reduce
the same to writing and file his or her complaint with the board within one year from the
date of the action upon which the complaint is based. If the board investigates and determines
the charges made in the complaint are sufficient to warrant a hearing to determine whether
the license issued under this chapter shall be suspended or revoked, it shall make an order
fixing a time and place for a hearing and require the licensee complained against to appear
and defend against the complaint. The order shall have annexed thereto a copy of the complaint.
The order and copy of the complaint shall be served upon the licensee at least 20 days before
the date set for hearing, either personally or by registered or certified mail sent to the
licensee's last known address. Continuances or adjournment of hearing date shall...
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