2-22-7
Section 2-22-7 Labeling of commercial fertilizers. (a) Any commercial fertilizer sold in this
state for use therein or sold for importation into this state for use therein in containers
shall have printed on or affixed to the container a label setting forth in clearly legible
and conspicuous form the following information: (1) The net weight; (2) The brand and grade;
(3) The guaranteed analysis; (4) The materials from which the plant nutrients are derived
with the percentage of each as may be required by regulations of the board; and (5) The name
and principal address of the manufacturer or other person responsible for placing it on the
market. (b) If distributed in bulk, a written or printed statement of the information required
by subdivisions (1), (2), (3), (4) and (5) of subsection (a) of this section shall accompany
delivery and be supplied to the purchaser at time of delivery. (c) A commercial fertilizer
formulated according to specifications which are furnished by a consumer...
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2-23-7
Section 2-23-7 Assessment of penalties against manufacturers, distributors, etc., for deficiencies
in agricultural liming materials. The board shall have authority by rules and regulations
duly adopted, as provided in this section, to provide for the assessment of penalties to be
assessed against a manufacturer, distributor or other seller responsible for such deficiency
of any agricultural liming material where such material is determined by analysis to be deficient
in its calcium carbonate equivalent, magnesium, available potassium, available phosphorous,
excessive moisture content, fineness or other minimum standards as may be established by the
board for the manufacture, distribution or sale of agricultural liming materials with reasonable
tolerances to be specified in such standards. Such rules and regulations as may be adopted
under this section relating to the assessment of monetary penalties shall provide for the
payment thereof to the purchaser-user of the liming materials;...
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2-22-4
Section 2-22-4 Fertilizer dealer permit required; relation to Section 2-22-5. Before any person
may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof,
the person shall first procure a fertilizer dealer permit from the commissioner authorizing
the person to sell, exchange, or deal therein. The permit shall be issued on payment of a
fee established by the Board of Agriculture and Industries not to exceed ten dollars ($10),
and shall expire on September 30 of each year. A permit as required by this section shall
be obtained for each separate place of business at which commercial fertilizer is sold or
offered for sale to the user thereof. Any person required to procure a license under Section
2-22-5 shall not be required to procure a permit as required by this section as it is the
intent of this section that every person who purchases any commercial fertilizer for resale
where the fertilizer is not manufactured, mixed, formulated, or labeled by...
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2-19-131
Section 2-19-131 Certification; revocation. Upon determination by the board that the organization
meets the requirements of Section 2-19-130, the board shall certify the organization as the
official cotton growers' organization. Such certification shall be for the purposes of this
article only, and shall not affect other organizations or associations of cotton growers established
for other purposes. The board shall certify only one such organization; provided that the
board may revoke the certification of the organization if at any time the organization shall
fail to meet the requirements of this article. The organization so certified above shall be
authorized to borrow money or otherwise incur indebtedness and to expend the moneys so acquired
for the purpose of destroying and eradicating the boll weevil in Alabama. Any indebtedness
created pursuant to this paragraph shall be repaid from the assessments on cotton growers
provided for in Section 2-19-132 or from other funds available to...
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2-22-19
Section 2-22-19 Annual publications. The commissioner shall publish at least annually and in
such form as he may deem proper: (1) Information concerning the distribution of commercial
fertilizer; and (2) The results of analyses based on official samples of commercial fertilizers
distributed within the state as compared with the guaranteed analyses. (Acts 1969, No. 434,
p. 840, §17.)...
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2-22-17
Section 2-22-17 Sale, offer for sale or distribution of adulterated commercial fertilizers;
when commercial fertilizers deemed adulterated. No person shall sell, offer for sale or distribute
an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be
adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount
to render it injurious to beneficial plant life when applied in accordance with directions
for use on the label or if adequate warning statements or directions for use, which may be
necessary to protect plant life, are not shown upon the label; and (2) Its composition falls
below or differs from that which it is purported to possess by its labeling. (Acts 1969, No.
434, p. 840, §16.)...
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2-22-15
Section 2-22-15 Establishment, etc., of standards of classification for commercial fertilizers
generally; adoption of standards for sale of specialty fertilizers; establishment of standards
and minimum guarantees for plant nutrients other than nitrogen, phosphorus and available potassium.
The board shall have authority to establish standards of classification for commercial fertilizer
according to ratios and grades by which its quality, condition, fertilizing or plant food
value may be judged and to alter or modify such standards when found to be necessary. In pursuance
thereof, the board is authorized to establish, adopt and promulgate a list of minimum analysis
ratios and grades for commercial fertilizers including minimum available plant food content
for nitrogen, available phosphorus and available soluble potassium and also for superphosphate
with potassium, nitrogen with superphosphate and superphosphate. The board shall also be authorized
to define and to adopt standards for the...
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2-22-21
Section 2-22-21 Suspension from sale, seizure and condemnation of commercial fertilizers not
in compliance with chapter or rules or regulations promulgated thereunder. Any lot or other
quantity of commercial fertilizer not in compliance with the provisions of this chapter or
rules and regulations duly adopted and promulgated under this chapter shall be subject to
suspension from sale, seizure and condemnation. The issuance of a "suspension from sale
or use" or "stop sale" and seizure and condemnation of any lot or other quantity
of commercial fertilizer sold, offered for sale or kept for sale in violation of the provisions
of this chapter shall be in accordance with such procedure as is now prescribed under Article
2 of Chapter 2 of this title. (Acts 1969, No. 434, p. 840, §21.)...
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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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27-29-13
Section 27-29-13 Judicial review of actions by commissioner; petition for mandamus against
same. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal therefrom within 30 days
after such action, determination, rule, or regulation is taken or issued, in accordance with
the provisions of Section 27-2-32, except that the court shall conduct its review without
a jury and by trial de novo; provided, however, that all the parties, including the commissioner,
may stipulate that the review shall be confined to the record. Portions of the record may
be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any such
rule, regulation, order, or other action of the commissioner to the appealing party unless
the court, after giving such party notice and an opportunity to be...
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