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8-21B-4
Section 8-21B-4 Amendment, termination, etc., of dealer agreement - Good cause required. (a)
Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement,
no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement,
or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has
first complied with this chapter and good cause exists for amendment, termination, nonrenewal,
or causing of resignation. The term good cause shall not include the sale or purchase of a
supplier. The term good cause shall be limited to withdrawal by the supplier, its successors,
and assigns of the sale of its products in Alabama or dealer performance deficiencies including,
but not limited to, failure by the dealer to comply substantially, without reasonable cause,
with any reasonable and material requirement imposed upon such dealer in writing by the supplier,
including, but not limited to, a substantial failure by a dealer to...
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2-12-4
Section 2-12-4 Permits for sale of eggs required; permit fee; delinquency penalty; revocation
of permits and appeals therefrom. Every retail dealer who sells eggs or offers eggs for sale
in this state shall obtain a permit from the Commissioner of Agriculture and Industries which
authorizes the sale or offering for sale of eggs and which shall be issued free of any cost
or charge to the dealer. Such permit shall continue in effect for an indefinite period unless
revoked as provided in this section or unless the commissioner requires all such permits previously
issued terminated at the end of any fiscal year. Wholesale egg dealers or any egg producer
who shall elect to become subject to the requirements of this chapter, before such a dealer
or producer sells eggs or offers eggs for sale in this state, shall apply for and obtain an
annual permit to be issued by the Commissioner of Agriculture and Industries which shall expire
on September 30 of each year and shall be renewable on or...
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2-29-5
Section 2-29-5 Authorization and grounds for denial or revocation of permits by commissioner.
The commissioner may refuse to grant or may revoke any permit, as the case may be, upon any
one or more of the following grounds: (1) That a final judgment for the recovery of money
has been entered against the applicant or permittee because of any failure to account for
or pay over the proceeds of any farm products consigned to such applicant or permittee, which
judgment stands unsatisfied after return of execution; (2) That fraudulent or fictitious charges
have been made by the applicant or permittee for the handling, sale or storage of or for any
service in connection with the handling, sale or storage of any farm products consigned to
the applicant or permittee for sale; (3) That the applicant or permittee has willfully failed
or refused to render an account of sale or to make settlement thereon within the time or in
the manner by this chapter required; (4) That the applicant or permittee,...
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2-21-17
Section 2-21-17 Definitions. When used in this chapter or in rules and regulations promulgated
thereunder, the following words and terms shall have the meaning ascribed to them, except
where the context clearly indicates otherwise: (1) BRAND NAME. Any word, name, symbol or device,
or any combination thereof, identifying the commercial feed of a distributor or licensee and
distinguishing it from that of others. (2) COMMERCIAL FEED. Such term includes customer-formula
feed, as this term is used in this chapter, and means any material whether simple, mixed compound,
ground, unground, organic or inorganic, used as a feed for animals other than man or any material
including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and
other substances, materials or elements, or parts thereof intended for use or used as an ingredient
or component of a mixture of materials, used as a feed for animals other than man; provided,
that the commissioner, with approval of the board...
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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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27-17A-14
Section 27-17A-14 Surety bond. (a) As an alternative to the trust requirement of Section 27-17A-13,
the details of which are set forth in Articles 3 and 4, a preneed provider may, with the prior
approval of the commissioner, purchase a surety bond in an amount not less than the aggregate
value of outstanding liabilities on undelivered preneed contracts for merchandise, services,
and cash advances. For the purposes of this section, the term outstanding liabilities means
the original retail amount of services and cash advances and the actual cost to the entity
to provide the undelivered merchandise sold on each contract written after April 30, 2002.
The surety bond shall be in an amount sufficient to cover the outstanding liability at the
time each contract is executed. (b) The bond shall be made payable to the State of Alabama
for the benefit of the commissioner and of all purchasers of preneed merchandise, services,
and cash advances. The bond shall be issued by an insurance company...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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8-19-7
Section 8-19-7 Exemptions. Nothing in this chapter shall apply to: (1) Acts done by the publisher,
owner, agent or employee of a newspaper, periodical, radio, or television station or telephone
company in the publication or dissemination of an advertisement, which the owner, agent, or
employee did not have knowledge of the false, misleading or deceptive character of the advertisement;
(2) Any seller of goods or services who meets all the following requirements: a. Has disseminated
advertisement or promotional material from a manufacturer, packer, distributor, or other seller,
from whom he has purchased the goods or services, unless the seller knew the advertisement
or promotional material to be false or misleading; and b. On the request of the Attorney General
or district attorney, provides the name and address of the manufacturer, packer, distributor
or other seller from whom he has purchased the goods or services; and c. On the request of
the Attorney General or district attorney,...
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28-8-8
Section 28-8-8 Unlawful acts and offenses; penalties. (a) Unlawful acts and offenses. It shall
be unlawful: (1) For any manufacturer or importer licensed by the board to sell its brand
or brands of alcoholic beverages in the State of Alabama to any person, except through the
board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated
as the exclusive wholesaler for said brand or brands. (2) For any wholesaler to sell to a
retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales
territory designated by the manufacturer or importer licensee and set forth in a written territorial
agreement authorizing the sale by such wholesaler licensee of that brand within a designated
territory; provided, however, a licensed wholesaler may, with the approval of the board, service
a territory outside the territory designated to it during periods of temporary service interruptions
when so requested by the manufacturer or importer...
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37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local exchange
carrier, or inter-exchange carrier shall be deemed to have elected to be regulated under this
chapter unless the carrier files written notice with the commission declining regulation under
this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
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