20-1-51
Section 20-1-51 When cosmetics deemed adulterated. (a) A cosmetic shall be deemed adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof or under such conditions of use as are customary and usual; (2) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health; (4) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (5) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified in accordance with regulations promulgated under the federal Food, Drug and Cosmetic Act. (b) The provisions of subdivision (1) of subsection (a) of this section...
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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or (3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof. (c) "Adulterated" means varying from the standard of composition...
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2-22-22
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations promulgated thereunder. (a) Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated thereunder or who shall sell or offer for sale or distribute for sale any commercial fertilizer in violation of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as now prescribed by law for such an offense. (b) In addition to the penalty provided in subsection (a) of this section, the commissioner may apply by petition to a circuit court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both restraining and enjoining...
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2-25-13.1
Section 2-25-13.1 Sale of plants or nursery stock which is not viable unlawful; "viable" defined. It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of living and accomplishing the purpose for which they are grown, whether foliage, flowers, fruit or special use, shall be considered viable. The basic requirements of viable nursery stock or viable plants are as follows: (1) They must be free of physiological and pathological defects to the extent that all essential parts may function normally. (2) The root system must have adequate roots or the ability to produce them to support normal performance of all essential parts of the plant. The root system must be adequately protected to prevent excessive loss of moisture while in storage and transit. (3) The trunk and branches...
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2-22-11
Section 2-22-11 Inspection, sampling, testing and analysis of commercial fertilizers by commissioner; furnishing of results, etc., to licensees where fertilizers found subject to penalty or legal action. (a) It shall be the duty of the commissioner, who may act through his authorized agent, to sample, inspect, make analyses of and test commercial fertilizers distributed within this state at such times and places and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter. (b) The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution. (c) In drawing any official sample and in making any analysis, the officially...
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11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing body may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration, packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers. The entire subject matter of the foregoing shall be subject to the jurisdiction of the Department of Agriculture and Industries. (b) For purposes of this section, the term fertilizer means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, boiler ashes produced by the pulp and paper or the electric utility industry, and similar products exempted by regulation of the Commissioner of Agriculture and Industries. (c) This section shall not affect, supersede, or override any zoning...
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9-19-3
Section 9-19-3 Penalty for damage, litter, etc. It shall be unlawful and constitute a misdemeanor for any person, organization, firm or corporation, including an officer, agent or employee of any town or municipality to: (1) Maliciously break, break off, crack, carve upon, write, burn, damage, or otherwise mar or mark on, remove, or in any other manner destroy, disturb, deface, mar or harm the walls or any speleothem in any cave, except for recognized scientific purposes. (2) Discard litter or refuse to any degree in any cave. (3) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door, or other structure or obstruction designed to control or prevent access to any cave, unless such act is specifically ordered by the owner. (4) Offer for sale any speleothem or export from the State of Alabama speleothems for sale elsewhere. (5) Remove, kill, harm or disturb any plant or animal life found within any wild cave, except for recognized scientific purposes. (6) The...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles; payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat food product or poultry food product of any of the animals or birds subject to inspection under this chapter or any such animal or bird that is dead, dying, disabled or diseased that is being transported in intrastate commerce or is held for sale in this state after such transportation and that is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter or is capable of use as human food and is adulterated or misbranded or in any other way is in violation of this chapter shall be liable to be proceeded against and seized and condemned at any time by writ of attachment for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction of which the article or animal is found. Such writ of attachment...
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9-11-394
Section 9-11-394 Taking, transportation, sale, etc., of marine mammals, etc., in violation of provisions of article, etc. Except as provided for by an international treaty, convention or agreement to which the United States is a party or by any statute implementing any such treaty, convention or agreement, it shall be unlawful: (1) For any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of Alabama; (2) For any person to use any port, harbor or other place under the jurisdiction of Alabama for any purpose in any way connected with the taking of marine mammals or marine mammal products; (3) For any reason, with respect to any marine mammal taken in violation of this article and regulations promulgated thereunder or the Marine Mammal Protection Act of 1972 and regulations promulgated thereunder: a. To possess any such mammal; or b. To transport, sell or offer for sale any such mammal or any marine mammal product made from any...
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2-11-31
Section 2-11-31 Definitions. For the purposes of this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) CAPABLE OF USE AS HUMAN FOOD. Such term shall apply to any catfish or part or product thereof, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or unless it is naturally inedible by humans. (2) CATFISH. Any species of the scientific order Siluriformes or family Anarhichadidae. (3) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama. (4) DIRECT RETAIL SALE. The sale of catfish products individually or in small quantities directly to the consumer. (5) DISTRIBUTOR. Any person offering for sale, exchange or barter any catfish product destined for direct retail sale in the State of Alabama. (6) LABEL. A display of written, printed or graphic matter upon or affixed to the container in which a catfish...
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