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2-2-18
Section 2-2-18 Civil penalties or fines for violations of Chapters 27 and 28; maximum amount;
notice; failure to pay assessed fine or penalty. (a) Notwithstanding the existence of any
other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971
as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions
of Chapter 28 of Title 2, and the regulations promulgated thereunder, the Commissioner of
Agriculture and Industries may, after a hearing thereon, impose a civil penalty or fine for
violation of said Chapters 27 and 28, or any regulations promulgated thereunder. (b) The maximum
amount of the above civil penalty or fine shall not exceed $10,000.00 for any one offense,
and all incidents or violations committed by a person, firm, association or corporation, arising
from the same transaction, shall constitute but one offense. The State Board of Agriculture
and Industries shall, by duly adopted regulations, provide maximum...
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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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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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2-22-12
Section 2-22-12 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Generally. (a) If the analysis shall show that a commercial fertilizer
is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances
as established by regulation adopted by the State Board of Agriculture and Industries pursuant
to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by
the board. (b) Deficiencies in any other constituent or constituents covered under paragraphs
b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed
shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board;
provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of
competent jurisdiction for judgment as to the...
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37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person
who violates this chapter may be reported to the authority for the alleged violation. (b)
The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
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2-12-2
Section 2-12-2 Sale requirements. It shall be unlawful: (1) For any dealer to offer for sale
or sell any case of eggs or partial case of eggs without clearly imprinting thereon or securely
attaching thereto a label on which there shall be plainly and legibly printed the name and
the address of the packer of said eggs, the grade and weight class to which the eggs contained
therein conform and the date on which the eggs were graded. The label and the printed matter
required to appear thereon shall be of a size to be prescribed by regulations adopted by the
State Board of Agriculture and Industries; (2) For any dealer to offer for sale or sell eggs
in any carton or other type of package without clearly designating thereon the name and address
of the packer of said eggs or person responsible for such packing, the grade and weight class
to which the eggs contained therein conform and the date on which the eggs were graded. Grade
and weight class designations required on cartons or other...
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34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
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45-9-244
Section 45-9-244 Tobacco products. (a) Upon adoption of the Legislature, there is hereby imposed
on every person, firm, or corporation that sells, stores, delivers, uses, or otherwise consumes
tobacco or tobacco products in Chambers County, a county privilege, license, or excise tax
in the following amounts: (1) Twenty-five cents ($.25) for each package of cigarettes made
of tobacco or any substitute therefor. (2) Twelve cents ($.12) for each cigar of any description
made of tobacco or any substitute therefor, but not including cigarette sized and near cigarette
sized cigars which shall be taxed in the same manner as cigarettes under subdivision (1).
(3) Twenty-five cents ($.25) for each sack, can, package, or other container of smoking tobacco,
including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco
which are prepared in such manner suitable for smoking in a pipe or cigarette. (4) Twenty-five
cents ($.25) for each sack, plug, package, or other...
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2-9-1
Section 2-9-1 Source of fund. Wherever provision is made in 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 for the collection of any fee
or license or the imposition of any fine or penalty for the violation of any provision 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
without providing for the disposition of the proceeds derived therefrom, such proceeds shall
accrue to the Agricultural Fund. The Agricultural Fund shall include all funds available from
every source for the administration, enforcement or making effective the purposes of the provisions
of the laws included in this title or any other provision of this Code or other statute which
the Commissioner, Department or Board of Agriculture and...
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2-28-10.1
Section 2-28-10.1 Financial responsibility. (a) The commissioner with the approval of the State
Board of Agriculture and Industries may promulgate rules and regulations which require any
applicant for a permit to perform professional work or services to provide evidence of his
ability to properly indemnify persons damaged in any manner by the use or application of pesticides.
The amount and form of indemnification required shall be determined by rules and regulations
promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(b) The commissioner with the approval of the State Board of Agriculture and Industries, may
promulgate rules and regulations requiring an applicant for a permit to perform professional
work or services to furnish and file with the commissioner a surety bond payable to the State
of Alabama. The surety bond shall be conditioned that the principal therein named shall honestly
and in a skillful and workmanlike manner conduct...
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