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2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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2-21-21
Section 2-21-21 Misbranding. A commercial feed shall be deemed to be misbranded: (1) If its
labeling is false or misleading in any particular; (2) If it is distributed under the name
of another commercial feed; (3) If it is not labeled as required in Section 2-21-20; (4) If
it purports to be or is represented as a commercial feed, or if it purports to contain or
is represented as containing a commercial feed ingredient, unless such commercial feed or
feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner;
or (5) If any word, statement or other information required by or under authority of this
chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness
(as compared with other words, statements, designs or devices in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary individual under customary
conditions of purchase and use. (Acts 1978, No. 780, p. 1143,...
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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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2-22-4
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 ($10),
and shall expire on September 30 of each year. A permit as required by this section shall
be obtained for each separate place of business at which commercial fertilizer is sold or
offered for sale to the user thereof. Any person required to procure a license under Section
2-22-5 shall not be required to procure a permit as required by this section as it is the
intent of this section that every person who purchases any commercial fertilizer for resale
where the fertilizer is not manufactured, mixed, formulated, or labeled by...
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2-22-9
Section 2-22-9 Inspection fee; monthly statement; collection fee; disposition of fees; overpayments;
examination, review, audit of sales records. (a) There shall be paid to the commissioner for
all commercial fertilizer sold in this state for use therein or sold for importation into
this state for use therein an inspection fee established by the board not to exceed seventy-five
cents ($.75) per ton; provided, that sales to manufacturers or exchanges between them are
hereby exempted. Fees so collected, including permit fees and license fees levied under Sections
2-22-4 and 2-22-5, shall be deposited to the credit of the Agricultural Fund of the State
Treasury for the regulatory duties of the Department of Agriculture and Industries. (b) Every
person who sells commercial fertilizer in or for importation into this state for use therein,
who is licensed under Section 2-22-5 or where such person is required to procure such a license
shall file with the commissioner on forms furnished by the...
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2-2-50
Section 2-2-50 Agricultural statistics. The commissioner shall gather, compile and publish
statistics relating to crop acreage, prospects and production; livestock and livestock products;
prices of farm commodities; the marketing of farm products; wages of farm labor; the use and
results of commercial and other forms of fertilizers; systems of farming and of farm rentals;
the production, purchase and sale of food and food products and such other data relating to
farms and farming as may be of interest to the people of Alabama and pertinent to the administration
of the laws relating to agriculture. (Ag. Code 1927, §32; Code 1940, T. 2, §490.)...
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2-21-19
Section 2-21-19 Licensing. (a) No person shall manufacture or sell a commercial feed in this
state, unless he or she has filed with the commissioner on forms provided by the commissioner,
his or her name, place of business, and location of each manufacturing facility from which
feed may be shipped within or into this state. (b) The person shall apply for and obtain from
the commissioner a license authorizing the sale and distribution of commercial feed. The application
for a license shall be accompanied by the fee hereinafter required and shall be on forms furnished
by the commissioner which shall contain such information as is necessary for the issuance
of the license. All licensing shall expire on December 31 of each year and shall be renewed
annually as of January 1 upon the filing of an application and payment of the required license
fee. The license fee shall be based upon the number of tons of commercial feed sold or distributed
in this state during the preceding 12-month period...
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20-1-27
Section 20-1-27 Prohibited activities. No person shall engage in any of the following activities
within this state: (1) Manufacture for sale herein, have in his or her possession with intent
to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is
adulterated or misbranded within the meaning of this division. (2) Sell or offer for sale
out-of-date Class A foods which include baby food, infant formula, and potentially hazardous
food. (3)a. Obscure, remove, or otherwise render illegible any information appearing on beverage
labels, packages, or containers related to production information, best before dates, or other
disclosure printed on, affixed to, or appearing on the labels, packages, or containers. b.
This subdivision shall not apply to any alteration of a beverage label, package, or container
made by, or at the direction of, either the owner of the trademark rights to the brand that
appears on the beverage label, package, or container or an...
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2-22-10
Section 2-22-10 Furnishing of semiannual tonnage reports by licensees. (a) Each licensee shall
furnish the commissioner a report showing the number of tons of each grade of fertilizer sold
in each county in the state semiannually pursuant to regulations adopted by the board. Said
report shall be submitted not later than 30 days following the close of the six-month period;
provided, however, that more frequent reports giving this information may be required by the
commissioner with the approval of the board. This report may be made on a special summary
form provided by the commissioner or by submitting a copy of the invoice. No information furnished
the commissioner under this section shall be disclosed in such a way as to divulge the operation
of any person. (b) When more than one person is involved in the sale, importation or distribution
of a commercial fertilizer, the licensee who distributes the fertilizer to a nonlicensee is
responsible for reporting the tonnage as under...
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2-25-2
Section 2-25-2 Purposes of article. The purposes of this article are to prevent the introduction
into and dissemination within this state of plant pests and noxious weeds injurious to plants
and plant products of this state, to provide for the inspection and control of nurseries and
the regulation of the sale and distribution of plants and plant products and to prescribe
the powers and duties of the board and commissioner relative thereto. (Ag. Code 1927, §289;
Code 1940, T. 2, §450; Acts 1991, No. 91-632, p. 1179, §2.)...
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