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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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2-3-20
Section 2-3-20 Acquisition of sites and erection of facilities; storage; charges for space;
services and facilities; disposition of funds collected. The Board of Agriculture and Industries
is hereby authorized to acquire by purchase, donation, lease or condemnation, for and in the
name of the State of Alabama a suitable site or sites accessible to highways and railroad
and air terminal facilities and to erect and install thereon such structures, facilities and
equipment as may be necessary for the inspection, grading, standardization, classification,
refrigeration, dehydration (for both food and feed), canning, packing, processing, cold storage
and marketing of agricultural products, including all staple food crops, fruits, vegetables,
poultry, dairy products, fish and kindred products and to let or lease space and facilities
in such markets for the storage of such products pending inspection, grading, packing, canning,
processing, classification, refrigeration, dehydration (for both...
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2-11-72
Section 2-11-72 Official grades; issuance of certificates of inspection. The Commissioner of
Agriculture and Industries, with the approval of the State Board of Agriculture and Industries,
shall have authority to adopt and promulgate official grades for the purpose of determining
the grade, quality, classification or condition of fresh fruits and vegetables grown in the
State of Alabama, and the commissioner, with the approval of the Board of Agriculture and
Industries, is authorized to adopt as official grades for fresh fruits and vegetables such
grades as have been promulgated by the United States Department of Agriculture. The grades
for fresh fruits and vegetables adopted under this section shall be official grades therefor.
The Commissioner of Agriculture and Industries, through agents duly designated by him, is
authorized to issue certificates of inspection certifying as to the grade of fresh fruits
and vegetables inspected by such agents. Certificates of inspection issued by the...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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2-17-25
Section 2-17-25 Designation and powers of commissioner as state agency for cooperating with
Secretary of Agriculture; jurisdiction of commissioner exclusive as to activities covered
by chapter; cooperation with other governmental branches and agencies. (a) The commissioner
is hereby designated as the state agency which shall be responsible for cooperating with the
Secretary of Agriculture of the United States under the provisions of the federal Meat Inspection
Act and the federal Poultry Products Inspection Act, and such agency is hereby directed to
cooperate with the Secretary of Agriculture of the United States in developing and administering
the meat and poultry inspection program of this state under this chapter to assure that its
requirements will be at least equal to those imposed by the applicable provisions of the federal
Meat Inspection Act and the federal Poultry Products Inspection Act and in developing and
administering the program of this state under this chapter in such...
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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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33-2-200
Section 33-2-200 Definitions. The words and terms used in this division shall have the same
definitions as provided in Section 33-2-180. In addition, the following words and terms shall
be given the following respective meanings: (1) INDENTURE. Any mortgage, indenture of mortgage,
deed of trust, trust agreement, or trust indenture executed by the department as security
for its special purpose obligations. (2) PRIVATE FACILITIES. Any and all kinds of buildings,
improvements, equipment, or other facilities for the use and benefit of one or more commercial
enterprises engaged in the manufacturing, processing, assembling, storing, warehousing, distributing,
or selling of any products of agriculture, mining, or industry, or other commercial activity
or research in connection therewith which is determined by the department's board of directors,
in its discretion, to aid commerce and use of the waterways of the state. (3) PRIVATE FACILITY
PAYMENTS. Rentals or other payments made to the...
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8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner of Agriculture
and Industries shall promptly notify any person applying for a permit to operate a public
warehouse whether or not such application has been granted. (b) In the event the Commissioner
of Agriculture and Industries refuses to grant such permit, the applicant may give written
notice, by filing the same with the chief clerk of the Department of Agriculture and Industries,
that he appeals from the decision of the commissioner to the State Board of Agriculture and
Industries. Such appeal must be heard at the next meeting of the board, at which time the
board shall investigate the facts and hear from both the commissioner or his duly authorized
agent and the applicant and, after due consideration, enter a written finding determining
whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and...
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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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