Code of Alabama

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2-21-25
Section 2-21-25 Rules and regulations. (a) The commissioner, with the approval of the board,
is authorized to promulgate such rules and regulations for commercial feeds and pet foods
as are specifically authorized in this chapter and such other reasonable rules and regulations
as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity,
the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent
with the provisions of this chapter or are not appropriate to conditions which exist in this
state, the following: (1) The official definitions of feed ingredients and official feed terms
adopted by the Association of American Feed Control Officials and published in the official
publication of that organization; and (2) Any regulation promulgated pursuant to the authority
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that
the commissioner, with the approval of the board, would have...
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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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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual,
firm, company, partnership, association, corporation, receiver or trustee, or any other group
or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT. The
Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants, jobbers,
dealers or other wholesalers for resale and does not include a sale by wholesalers to users
or consumers, not for resale. b. A sale of tangible personal property or products, including
iron ore, and including the furnished container and label of such...
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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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2-11-31
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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2-21-29
Section 2-21-29 Feed deficiency penalties. If a commercial feed is found to be deficient in
a constituent guaranteed on the label by more than one "permitted analytical variation,"
a monetary penalty is assessed in an amount equal to five percent of the purchase price of
the product and 10 percent for each additional "permitted analytical variation deficiency."
An exception to this penalty rate will apply for nutrients in commercial feeds where the level
in the feed is guaranteed to be one and one-half percent or less. If these nutrients are found
to be deficient by one "permitted analytical variation," a monetary penalty is assessed
in the amount of two percent of the purchase price and two percent for each additional "permitted
analytical variation." The total penalty assessed under this section for major and minor
constituents shall not exceed 25 percent of the selling price of the feed, with a minimum
penalty of $10.00. Penalties assessed under this section shall be paid by the...
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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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20-1-25
Section 20-1-25 When articles deemed misbranded generally - Food. An article of food shall
be deemed misbranded in the following cases: (1) If it is offered for sale under the name
of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser,
or purports to be a foreign product when not so or if the contents of the package as originally
put up shall have been removed in whole or in part and other contents shall have been placed
in such package; (3) If, in package form, the name of the article together with the quantity
of the contents in terms of weight, measure, or numerical count and the name and principal
address of the manufacturer or other person responsible for placing the article on the market
are not plainly and conspicuously marked on the outside of the package; (4) If, in package
form, the package is not filled with the food it purports to contain within the limits of
tolerance fixed by the State Board of Agriculture and Industries,...
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20-1-137
Section 20-1-137 Adulteration and misbranding of mellorine, imitations thereof, etc.; sale
or offer for sale of adulterated or misbranded mellorine. Any food product containing any
food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or
in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which
purports to be or is represented as mellorine as defined in this article but which does not
conform to such definition and standard of identity shall be deemed to be adulterated and
misbranded, notwithstanding the employment of any fanciful name or the use of the word "imitation"
to designate the product; provided, that the natural occurrence of a food fat in any flavoring
used in mellorine shall not be construed to be adulteration within the meaning of this section.
If mellorine is adulterated as provided in the case of food under the provisions of Section
20-1-22, such adulteration is hereby prohibited. The sale or offering for...
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