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2-25-4
Section 2-25-4 Power and duty of board as to protection of agricultural and horticultural interests
from plant pests and noxious weeds generally. It shall be the duty of the board to protect
the agricultural and horticultural interests of the state and, to that end, it is vested with
power and authority to: (1) Make all such rules and regulations governing nurseries and the
movement of nursery stock therefrom or the introduction of nursery stock therein as it may
deem necessary to the eradication, control or prevention of the dissemination of plant pests
or noxious weeds; (2) Make rules and regulations to govern the grading, marking, sale and
distribution of nursery stock by dealers and nurserymen; (3) Provide rules and regulations
under which nursery stock may be brought into this state from other states, territories and
foreign countries; (4) Make such rules and regulations with reference to plants and plant
products while in transit through this state as may be deemed necessary to...
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2-25-3
Section 2-25-3 Power and duty of commissioner as to protection of agricultural and horticultural
interests from plant pests and noxious weeds generally. It shall be the duty of the commissioner
to protect the agricultural and horticultural interests of the state from plant pests and
noxious weeds; and, to that end, he is vested with power and authority to: (1) Inspect or
cause to be inspected by duly authorized employees, plants, plant products, places or other
things and substances that may, in his opinion, be capable of disseminating or carrying plant
pests or noxious weeds, and, for this purpose, he shall have power to enter into or upon any
place and to open any bundle, package or other container containing or thought to contain
plants or plant products or other things capable of disseminating or carrying plant pests
or noxious weeds; (2) Supervise or cause the treatment, cutting and destruction of plants,
plant parts, fruit, soil, containers, equipment, and other articles capable...
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any
living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses,
or any organisms similar to or allied with any of the foregoing, or any infectious substances
which can directly or indirectly injure or cause disease or damage in any plants or parts
thereof or any processed, manufactured, or other products of plants and which may be a serious
agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered
a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds
and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which
may be a serious agricultural threat in Alabama. Evidence of...
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2-25-8
Section 2-25-8 When commissioner may refuse, recall or revoke inspection certificates. The
commissioner shall have the power to refuse to issue an inspection certificate or to recall
or to revoke any certificate already issued when he shall have reasonable cause to believe
that the applicant for or holder of said certificate may tend to introduce into the state
or disseminate within this state plant pests or noxious weeds injurious to plants and plant
products of this state, or if an applicant or holder of said certificate is selling, offering
to sell, distributing or offering to distribute nursery stock in violation of this article
or the rules and regulations promulgated thereunder. The commissioner may also refuse to certify
or revoke or suspend existing certification of any nursery stock or plant product when it
has been determined that plant pests and/or noxious weeds exist on said stock or product,
or that the nursery or site is in such condition with regard to growth and...
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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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2-25-17.1
Section 2-25-17.1 Procedures to be used when plant, nursery stock, etc., found to contain plant
pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or
treatment; refusal of owner to comply; liability for cost of treatment or destruction. If
the commissioner finds, on examination, any plant, plant product or nursery stock infested
or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons
having charge of such premises to that effect, and the owner or person in charge shall, within
10 days after such notice, unless an appeal is taken as provided in this article, cause the
removal and destruction of the infested and infected plant or plant product if it is incapable
of successful treatment; otherwise, such owner or person in charge shall cause it to be treated
as directed in the order of the commissioner. No indemnity shall be awarded to the owner for
complying with the above notice or orders of the commissioner. In...
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2-26-1
Section 2-26-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual,
partnership, corporation, company, society, association or agency. (2) AGRICULTURAL SEED.
The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly
recognized within this state as agricultural or field seeds and mixtures of such seeds. (3)
VEGETABLE SEED. The seeds of those crops which are grown in gardens or on truck farms and
are generally known and sold under the name of vegetable seeds in this state. (4) FLOWER SEED.
The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes,
and which are generally known and sold under the name of flower seed in this state. (5) TREE
AND SHRUB SEED. The seeds of woody plants commonly known and sold as tree or shrub seeds in
this state. (6) WEED SEEDS. The seeds, bulblets and tubers...
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2-26-3
Section 2-26-3 Promulgation of rules and regulations by state board. (a) The State Board of
Agriculture and Industries shall have power to prescribe and, after public hearing following
due public notice, to adopt rules and regulations governing the method of sampling, inspecting,
analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed
and the tolerances and limitations to be followed in the administration of this article, to
add to or subtract from the list of noxious weeds, to adopt or amend standards for vegetable,
flower, tree, shrub and herb seed, to increase or lower the standards for seeds when found
to be in the best interest of users of seed and to meet emergencies, to adopt sizes of containers
for seed sold, offered for sale or distributed in Alabama, to establish reasonable limitations
as to the number of bags or other containers of seed in any one lot of seed sold, offered
for sale or distributed in Alabama and such other rules and...
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2-27-2
under the name of, another pesticide; 2. If its labeling bears any reference to registration
under this article, other than a permanent registration number, which may be authorized by
rules and regulations; 3. If the labeling accompanying it does not contain instructions for
use which are necessary and, if complied with, adequate for the protection of the public;
4. If the label does not contain a warning or caution statement which may be necessary and,
if complied with, adequate to prevent injury to living man and other vertebrate animals;
5. If the label does not bear an ingredient statement on that part of the immediate container
and on the outside container or wrapper, if there be one, through which the ingredient statement
on the immediate container cannot be clearly read, of the retail package which is presented
or displayed under customary conditions of purchase; 6. If any word, statement or other information
required by or under authority of this law to appear on the labeling...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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