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2-2-32
Section 2-2-32 Procedure when analysis shows article or product in violation of title.
Upon the examination of specimens or samples of any article, substance, material or product
the sale of which is subject to the provisions of this article, made by any chemist, analyst,
inspector or assistant under the direction and supervision of the Commissioner of Agriculture
and Industries, if such examination shows that such article, substance, material or product
does not conform to the requirements prescribed by any provisions of law or rules and regulations
under authority of law, the commissioner shall cause notice thereof to be given to the party
from whom such specimen or sample was obtained. Any party so notified shall be given an opportunity
to be heard before the Commissioner of Agriculture and Industries under such rules and regulations
as may be prescribed by the State Board of Agriculture and Industries. If it appears that
any of the requirements of any provision of law or rules and...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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2-2-30
Section 2-2-30 Suspension of sale of article. If at any time the commissioner or his
duly authorized agent shall have reason to believe that any product or article, the possession
or sale of which is regulated by the provisions of this title or the possession or sale of
which is regulated by any other statute which the commissioner, department or board is directed
to administer or enforce, does not comply with the requirements of law or rules and regulations
under authority of law as to ingredients, substance, analysis, marking or labeling, weight
or measure, it shall be his duty by written order to suspend the sale of the same until he
shall have satisfied himself or shall be satisfied by an analysis or otherwise that such product
or article is made up, compounded or marked as required by law and rules and regulations under
authority of law. If he shall find that the same does not comply with such laws and rules
and regulations, either before or after the making of such suspension...
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2-17-1
Section 2-17-1 Definitions. When used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama or his
duly authorized representative. (2) FIRM. Any partnership, association or other unincorporated
business organization. (3) MEAT BROKER. Any person, firm or corporation engaged in the business
of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle,
sheep, swine, goats, horses, mules or other equines or poultry on commission or otherwise
negotiating purchases or sales of such articles other than for his own account or as an employee
of another person, firm or corporation. (4) POULTRY. Any live or slaughtered domesticated
bird. (5) RENDERER. Any person, firm or corporation engaged in the business of rendering carcasses
or parts or products of the carcasses of cattle, sheep, swine, goats,...
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2-27-14
Section 2-27-14 Prohibited acts. (a) It shall be unlawful for any person to distribute,
sell, offer for sale or keep for sale within the state or deliver for transportation or transport
in intrastate commerce or between points within this state through any point outside this
state any of the following: (1) Any pesticide or device which has not been registered pursuant
to the provisions of Section 2-27-9, or any pesticide if any of the claims made for
it or any of the directions for its use differ in substance from the representations made
in connection with the registration or if the composition of a pesticide differs from its
composition as represented in connection with its registration; provided, that in the discretion
of the commissioner, a change in the labeling of a pesticide may be made within a registration
period without requiring reregistration of the pesticide. (2) Any pesticide or device, unless
it is in the registrant's or the manufacturer's unbroken immediate container...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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2-27-2
Section 2-27-2 Definitions. For the purposes of this article, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying,
repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other
forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or
in living man or other animals, which the commissioner shall declare to be a pest; and b.
Any substance or mixture of substances intended for use as a plant regulator, defoliant or
desiccant. (2) INSECTICIDE. Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any fungi, except those living on or in man or other...
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2-15-42
Section 2-15-42 Forfeiture of dealer's permit. Any dealer as defined in Section
2-15-40 who willfully violates any of the rules and regulations of the Commissioner of Agriculture
and Industries lawfully made under the provisions of this article, shall forfeit the permit
as such dealer in addition to any other penalty or punishment provided by law. (Acts 1936,
Ex. Sess., No. 190, p. 222; Code 1940, T. 2, ยง391.)...
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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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2-27-9
Section 2-27-9 Registration, application, and fees; registration powers of commissioner;
appeal and review. (a) Every pesticide or device which is distributed, sold, or offered for
sale within this state or delivered for transportation or transported in intrastate commerce
or between points within this state through any point outside this state shall be registered
with the commissioner upon application forms prescribed and furnished by the commissioner,
and such registration or registrations shall be renewed during the registrant's renewal year,
due January 1 of the renewal year. The applicant shall pay a biennial registration fee established
by the Board of Agriculture and Industries not to exceed six hundred dollars ($600). The fee
shall be paid according to the schedule in subsection (i). The fee shall accompany the application
for registration and be deposited to the credit of the Agricultural Fund of the State Treasury
for the exclusive benefit of the Pesticide Management Division...
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