Code of Alabama

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2-8-171
Section 2-8-171 Penalty; inspection of books and records. Any seller of hens who willfully
fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required
to be so remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount equal to three times the amount of the assessment he
failed or refused to remit as required under this article. The amount of any fine under this
section shall be remitted to the Commissioner of Agriculture and Industries and shall be forthwith
transferred by the commissioner to the account of the certified association entitled thereto.
Any seller of hens 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 for the
purpose of ascertaining the accuracy of amounts added and remitted as required under this
article or any seller of hens who sells hens in Alabama without...
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2-12-10
Section 2-12-10 Inspections of buildings, vehicles, records, etc.; penalty for failure to pay
inspection fee or affix labels. The Commissioner of Agriculture and Industries, authorized
inspectors, employees and agents of the Department of Agriculture and Industries shall have
power and authority during business hours to enter any store, market or other building or
place where eggs are sold or offered for sale or kept for sale or where such eggs are packaged,
graded and labeled in this state or to stop and inspect any truck or other vehicle transporting
eggs to be sold or offered for sale in this state and to make such examination or inspection
as may be necessary to determine whether any of the provisions of this chapter or of any rule
and regulation adopted under this chapter relating to the sale of eggs are being violated.
Inspectors, employees and authorized agents of the Department of Agriculture and Industries
shall also have power and authority to inspect, examine and review...
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2-16-9
Section 2-16-9 Violations of provisions of article or rules or regulations promulgated thereunder
deemed misdemeanors; disposition of fines. Any person, firm or corporation who shall violate
any provisions of this article or any rule or regulation duly established by authority of
this article or shall operate or engage in business without a permit as required by Section
2-16-3 shall be guilty of a misdemeanor. All fines paid under this article shall be transmitted
to the Department of Agriculture and Industries for deposit in the State Treasury to the credit
of the Agricultural Fund. (Acts 1945, No. 481, p. 718, §8; Acts 1951, No. 556, p. 972, §2.)...

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2-26-11
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for
sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed
unless the test to determine the percentage of germination required by Section 2-26-7 shall
have been completed within a nine-month period, exclusive of the calendar month in which the
test was completed, immediately prior to sale or offering for sale, transportation or distribution;
provided, however, that the State Board of Agriculture and Industries shall have authority
under rules and regulations adopted under this article to prescribe a shorter required test
period when deemed necessary to meet seasonal conditions with respect to certain seed; provided
further, that the State Board of Agriculture and Industries shall also have authority pursuant
to rules and regulations to prescribe a longer period of time for the test required to determine
the percentage of germination for agricultural and...
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2-2-16
Section 2-2-16 Commissioner to enforce laws; promulgation of rules and regulations; notice.
The Commissioner of the Department of Agriculture and Industries is charged with the execution
and enforcement of the laws and provisions contained in this title and 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, and he is authorized and empowered,
with the approval of the State Board of Agriculture and Industries, to promulgate such rules
and regulations as are reasonable and necessary to accomplish the evident purpose and intent
of the law. The commissioner shall give notice of all rules and regulations promulgated as
provided in this section to all parties in interest and to all parties who are likely to be
interested in the same within 30 days after the promulgation thereof, and such rules and regulations
shall not become effective until the expiration of said...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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2-27-10
Section 2-27-10 License to sell. (a) Before any person sells or offers for sale any restricted-use
pesticide in this state for use therein or before any person sells such restricted pesticide
for importation into this state where such sale is directly to the user, custom applicator,
aerial applicator, or pest-control operator, the person shall apply for and obtain from the
commissioner an annual license which authorizes the sale of restricted-use pesticides to persons
who have been issued certified pesticide-use permits as required by Section 2-27-11. The license
required by this section shall be posted in a conspicuous place in licensee's sales outlet.
Application forms for this purpose shall be furnished by the commissioner, which shall be
accompanied by a license fee established by the Board of Agriculture and Industries. All such
licenses shall expire December 31 of each year and shall be renewed annually as of January
1, upon payment of the required annual license fee. Any person...
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20-1-20
Section 20-1-20 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive
sense and has reference to the food product or the drug product in question. (2) BABY FOOD.
A food which purports to be or is represented for special dietary use as a food for babies
by reason of its special formulation or its particular suitability for children under two
years of age. (3) BOARD. The State Board of Agriculture and Industries. (4) CLASS A FOODS.
Baby food, infant formula, and potentially hazardous food. (5) COMMISSIONER. The Commissioner
of Agriculture and Industries. (6) DEALER. A manufacturer, wholesaler, retailer, jobber, and
similar establishments, mobile or permanent, engaged in the sale of food for consumption on
premises. (7) DEPARTMENT. The Department of Agriculture and Industries. (8)...
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2-25-6
Section 2-25-6 Inspection certificate required for nurserymen and dealers in nursery stock;
fees. (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for
sale or distribution in this state any nursery stock, he or she shall apply for and obtain
from the commissioner an inspection certificate indicating compliance with the provisions
of this article and the rules and regulations promulgated thereunder. The inspection certificate
shall, among other requirements, be based upon an inspection conducted by the commissioner
of the nursery stock and the area where it is kept, stored or grown. The inspection certificate
issued by the commissioner shall expire on September 30 and shall be renewable on or before
October 1 for the succeeding fiscal year. (2) Where nursery stock is grown at more than one
location by one nurseryman, fees shall be based upon the previous year's volume of sales,
and established by rule of the Board of Agriculture and Industries, and the...
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2-26-75
Section 2-26-75 Conduct of investigation as to complaint by committee; hindering, obstructing,
etc., access to premises, review of records, etc., by committee; report of findings and recommendations.
When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other
seed purchaser to the Seed Investigation and Arbitration Committee, said committee shall make
a full and complete investigation of the matters complained of and at the conclusion of said
investigation report its findings with its recommendations and file same with the Commissioner
of Agriculture and Industries. The purchaser of the seed and the seed dealer shall upon request
of either party be entitled to a hearing before the committee before any findings and recommendations
are made. Notice of the date, time and place of the hearing shall be given to both parties.
In conducting its investigation the committee or any member or members thereof is authorized
to investigate the farmer or other...
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