8-15-13
Section 8-15-13 Public hearing on operations; notice of hearing; sworn testimony heard; authority
to subpoena witnesses; witness fees; production of books and records; appearance in person
or by counsel; failure to obey process; rules of evidence not applicable. (a) In the event
the Commissioner of Agriculture and Industries is of the opinion that a condition exists which
would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse
by reason of the manner in which such public warehouse is being operated or that the same
is being operated without having complied with the laws or rules and regulations relating
to the operation of public warehouses, he shall order a public hearing thereon, to be held
in the office of the commissioner at Montgomery or at the courthouse of the county in which
the warehouse is being operated, to determine what action shall be taken relative to the said
warehouse. (b) It shall be the duty of the Commissioner of Agriculture...
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2-11-74
Section 2-11-74 Inspection certificate required. Every grower, packer, shipper, broker, merchant,
consignor or other person who places an official grade on containers or labels thereof or
tags attached thereto in which fresh fruits and vegetables are placed for shipment, movement,
transportation or sale shall have in his possession a certificate of inspection issued by
the Commissioner of Agriculture and Industries under the provisions of Section 2-11-72 certifying
that the grade of such fruits and vegetables is the grade which is marked on the container,
its label or tag. It shall be unlawful for any person to stamp, imprint or otherwise place
an official grade on containers of fresh fruits and vegetables without having a certificate
as required in this section. (Acts 1953, No. 887, p. 1192, §5.)...
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2-15-113
Section 2-15-113 Use of sticks, whips, chains, etc., in livestock markets; promulgation of
rules and regulations by commissioner as to treatment of livestock in markets; inspections
of markets for enforcement of section. In addition to the authority granted to the Commissioner
of the Department of Agriculture and Industries pursuant to Division 1 of Article 4 of this
chapter, the said commissioner, with the approval of the State Board of Agriculture and Industries,
shall be authorized to promulgate reasonable rules and regulations for the humane treatment
of animals held in livestock markets and while being sold or offered for sale in such markets,
including the number, kind and size of animals that may be held in pens or areas of stipulated
dimensions, regulations for the feeding and care of such animals and for the maintenance of
sanitary conditions of the premises. Sticks, canes or whips shall not be used in such a manner
so as to injure an animal. The use of chains, spikes, clubs...
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2-16-42
Section 2-16-42 Administration and enforcement of division generally; quarantining of poultry
and eggs produced on premises not equipped with prescribed disposal facilities; right of entry
and inspection of State Veterinarian, etc. (a) This division shall be administered and enforced
by the Commissioner of Agriculture and Industries through the facilities of the Department
of Agriculture and Industries, and the Commissioner of Agriculture and Industries, the State
Veterinarian, his associates and assistants or other authorized employees or agents of the
Department of Agriculture and Industries shall be authorized to quarantine and prohibit the
removal or other disposition of any poultry and eggs from premises, buildings, vehicles or
other places unless such poultry and eggs are produced on premises equipped with disposal
facilities as prescribed by the State Board of Agriculture and Industries as authorized and
required under Section 2-16-41. Quarantine orders issued under this section...
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2-19-121
Section 2-19-121 Definitions. As used in this article, the following words shall have the meaning
stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman
in any stage of development. (2) CERTIFICATE. A document issued or authorized by the commissioner
indicating that a regulated article is not contaminated with boll weevils. (3) COMMISSIONER.
The Commissioner of Agriculture and Industries or his designated representative. (4) COTTON.
Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion
of any portion of its life cycle. (5) HOST. Any plant or plant product upon which the boll
weevil is dependent for completion of any portion of its life cycle. (6) INFESTED. Actually
infested with a boll weevil or so exposed to infestation that it would be reasonable to believe
that an infestation exists. (7) PERMIT. A document issued or authorized by the commissioner
to provide for the movement of regulated articles to...
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2-32-16
Section 2-32-16 Enforcement and collection of assessments; revocation of certification. The
commissioner shall, through the Department of Agriculture and Industries, enforce and collect
the assessments levied upon feed sold to ratite producers by feed distributors in the state
for ratite consumption and shall enforce the rules and regulations of the board. The board
may at any time revoke or cancel the certification of an association if the association is
not carrying out its promotional program in accordance with the provisions of this chapter
and the rules and regulations promulgated thereunder. Before any certification may be revoked,
the certified association shall be given notice and an opportunity to be heard by the board
upon the question of whether its certification should be revoked. (Acts 1997, No. 97-638,
p. 1163, §16.)...
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2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama that on or after the date designated in such
notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice
by the Commissioner of Agriculture and Industries, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow
the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect
and review his books and records which disclose the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any distributor
of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records which disclose
his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
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2-8-62
Section 2-8-62 Penalty for failure to deduct and pay over assessment; inspection of books and
records; injunctions. (a) Any dealer, handler, processor, sales market or other purchaser
of swine who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any purchaser of
swine who fails or refuses to allow the Commissioner of Agriculture and Industries or his
authorized agents and employees to inspect and review his books and records which disclose
his purchases of swine for the purpose of ascertaining the accuracy of amounts deducted and
remitted as required under this article shall also be guilty of a misdemeanor. The...
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