Code of Alabama

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2-13-8
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.)...
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2-13-6
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.)...
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8-12-20
Section 8-12-20 Registration of names, marks, etc. Any person or corporation engaged in manufacturing,
bottling, or selling soda water, mineral or aerated waters, cider, ginger ale, milk, cream,
beer, ale, or other beverages in bottles, siphons, fountains, or kegs with his or its name
or other mark or device branded, stamped, engraved, etched, blown, impressed, or otherwise
produced upon such bottles, siphons, fountains, or kegs, or on the boxes used in such business,
may file in the office of the judge of probate of the county in which his, or its, place of
business is situated, and also in the office of the Secretary of State, a description of the
name, mark, or device so used and cause such description and a notice of its filing to be
printed once a week for three successive weeks in a newspaper published in the county in which
such notice is filed. (Code 1896, §5567; Code 1907, §7318; Code 1923, §4899; Code 1940,
T. 57, §89.)...
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8-12-23
Section 8-12-23 Issuance of search warrant for containers unlawfully used or held. Whenever
any person, corporation, or their agent shall make oath before any judge that he has reason
to believe, and does believe, that any of his bottles, boxes, siphons, fountains, or kegs,
a description of the name, marks, or devices whereon has been filed and published as provided
in Section 8-12-20, are being unlawfully used, filled, or had by any person or corporation
manufacturing or selling soda, mineral, or aerated waters, cider, ginger ale, milk, cream,
beer, ale, or other beverages, or that any junk dealer, dealer in secondhand articles, vendor
of bottles, or any person or corporation has any such bottles, boxes, siphons, fountains,
or kegs in his possession or secreted in any place, such judge must issue a search warrant
to discover and seize such property, whereupon such proceedings must be had as in other cases
in which search warrants have issued. (Code 1896, §5570; Code 1907, §7321;...
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8-12-41
Section 8-12-41 Presumption of ownership. Whenever the name, trade name, or trademark of any
person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can,
crate, or container of any kind in which milk or milk products are sold and delivered, such
fact shall create a rebuttable presumption that such person, firm, or corporation is the owner
thereof. (Acts 1931, No. 703, p. 827; Code 1940, T. 2, §403.)...
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2-13-92
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...
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8-12-40
Section 8-12-40 Purchase, sale, etc., of container upon which name appears. It shall be unlawful
for any person, firm, or corporation, other than the owner thereof, to purchase, offer to
purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container
upon which or in which, appears in permanent form, the name, trade name, or trademark of the
owner thereof, in which milk or milk products are sold and delivered with the understanding
at the time of such sale and delivery of the contents thereof that such bottle, can, crate,
or container is the property of the person, firm, or corporation whose name, trade name, or
trademark is designated in permanent form thereon or therein; provided, that this section
shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor
shall it apply to purchasers at execution sales or other judicial sales; provided further,
that any person, firm, or corporation who may sell or otherwise dispose of...
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8-12-42
Section 8-12-42 Possession by secondhand or junk dealer prima facie evidence of violation.
The use, possession, or control by any person, firm, or corporation engaged in the business
of buying, selling, renting, receiving, storing, transporting, or dealing in secondhand merchandise
or junk of any milk bottle, can, crate, carton, or container which has marked thereon or therein,
in permanent form, the name of any dairy, dairyman, milk producer, milk distributor, milk
vendor, or milk dealer shall be prima facie evidence of the violation of Section 8-12-40.
(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §404.)...
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2-13-21
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...
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20-1-130
Section 20-1-130 Definitions generally. For the purpose of this article, the following words
and phrases shall have the meanings indicated, unless the context clearly indicates a different
meaning: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of
Alabama. (2) PERSON. Any individual, partnership, corporation, or association, whether or
not incorporated. (3) FOOD FATS. Edible, natural fats derived from vegetable or animal sources
or a combination thereof, including only such milk fat as is normally contained in products
enumerated in subdivision (4) of this section. Food fats as defined in this subdivision may
contain harmless optional ingredients in an amount not exceeding .005 percent of the weight
of the fat used to prevent fat oxidation. (4) MILK SOLIDS NOT FAT. Any skim milk, concentrated
(evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed
skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet...
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