2-6-72
Section 2-6-72 Authority and procedure for incorporation. The Governor, the Commissioner of
Agriculture and Industries and the Director of Finance may incorporate and organize a public
corporation with the powers and authority provided in this article by proceeding according
to the provisions of this article. They are authorized to present to the Secretary of State
an application for the organization of a corporation which shall be signed by them and shall
set forth: (1) The names, official designations and official residences of the applicants,
together with a certified copy of each of the commissions evidencing their respective rights
to office; (2) The date or dates on which they were respectively inducted into office and
the terms of their respective offices; (3) The name of the proposed corporation (which shall
be Alabama Agricultural Markets and Coliseum Corporation, if such name is available for use
by the corporation, but if not available, then some other name that is available...
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2-8-133
Section 2-8-133 Collection of assessment; disposition. In the event a majority of the producers
eligible for participation in a referendum conducted under the provisions of this article
and voting therein, shall vote in favor of the assessment, then the assessment shall be collected
annually for three years, as set forth in the call for the referendum, and the collection
of the assessment shall be under such method, rules, and regulations as may be determined
by the organization conducting the referendum. The assessment collected shall be paid into
the treasury of the organization conducting the referendum, to be used together with other
funds from other sources, including donations from individuals, concerns, or corporations
and grants from state or governmental agencies, for the purpose of promoting and stimulating,
by research, education, advertising, and other methods, the increased use and sale, domestic
and foreign, of the agricultural commodity covered by the referendum. Upon...
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8-16-123
Section 8-16-123 Revocation, suspension, etc., of registration; grounds; notice; appeal. The
commissioner may revoke, suspend or refuse to renew the registration of service persons or
scale mechanics if he determines that the person has failed to abide by the rules and regulations
promulgated under this law or has removed a condemnation tag, for purpose other than that
of repair, or no longer qualifies under the above rules and regulations. The taking of unfair
advantage of an owner of a weighing or measuring device or unsatisfactory work in repairing
said devices shall also constitute grounds for refusing to register, revocation, suspension
or nonrenewal of the registration. The Commissioner of Agriculture and Industries shall give
at least 10-days' written notice by certified mail to the concerned person prior to refusing
to register, revocation, suspension or nonrenewal of the registration. The notice shall set
out the specific grounds under which the action was taken. The...
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2-11-57
Section 2-11-57 Right of entry; samples; obstructing commissioner, etc., in performance of
duty. The commissioner, in person or by deputy, shall have free access at all reasonable hours
to any building or other place wherein it is reasonably believed that farm products and fish
are marked, branded or labeled in accordance with official grades established and promulgated
by the said commissioner, with the approval of the Board of Agriculture and Industries, or
are being marketed or held for commercial purposes. He shall have power, in person or by deputy,
to open any bags, crates or other containers containing said farm products and fish and to
examine the contents thereof and may, upon tendering the market price, take samples therefrom.
Whoever obstructs or hinders the said commissioner or any of his duly qualified assistants
in the performance of his duties under this article shall be punished by a fine of not less
than $10.00 nor more than $100.00. (Acts 1969, No. 311, p. 646, §7.)...
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2-15-41
Section 2-15-41 Dealer's permit required; permit fee and plates for vehicles used in hauling
or transporting livestock; relation to Article 6 of chapter. No dealer, except as provided
in this section, may engage in any business described in Section 2-15-40 without a permit.
Every dealer shall annually, on or before October 1, file an application with the commissioner
for a permit to engage in the business. The application shall be made upon forms furnished
by the Department of Agriculture and Industries and shall contain such information as may
be required. The fee for every permit, except as provided in this section, shall be established
by the Board of Agriculture and Industries not to exceed thirty-seven dollars fifty cents
($37.50), which shall be paid to the commissioner and deposited in the State Treasury to the
credit of the Agricultural Fund. If such permit fee is not paid within 45 days from the date
on which the fee is due, a delinquent penalty of 15 percent shall be added....
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2-19-63
Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to
cotton gins and to see that all rules and regulations relative to cotton gins that may be
established from time to time by him and approved by the State Board of Agriculture and Industries
are observed. (b) The said commissioner shall have power to refuse to issue a permit and to
revoke at any time the permit that has been issued to any cotton ginner who fails or refuses
to comply with the law or with the rules and regulations of the State Board of Agriculture
and Industries. (c) Any cotton ginner to whom such commissioner refuses to issue a permit
or whose permit has been revoked may appeal to the State Board of Agriculture and Industries,
which shall consider the matter with as little delay as possible and make such order as may
be justified by the facts. (d) The action of the board in refusing to...
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2-26-31
Section 2-26-31 Suspension from sale, seizure and condemnation of seeds and small grains sold,
transported, etc., in violation of rules and regulations; right of commissioner to inspect
and secure samples. Any agricultural or vegetable seed or small grain used for planting purposes
which is sold, offered for sale, exposed for sale or transported in violation of any rules
and regulations promulgated and adopted in accordance with the provisions of this article
shall be subject to suspension from sale, seizure and condemnation in accordance with the
provisions of Article 2 of Chapter 2 of this title. The Commissioner of Agriculture and Industries
shall have the right of inspection and the right to secure samples as provided in said Article
2. (Acts 1953, No. 739, p. 1003, §2.)...
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2-10-25
Section 2-10-25 Notice of decision refusing permit; appeal. If the commissioner refuses to
issue a permit, he shall by registered or certified mail notify the principal officer or manager
of the association and may notify by mail all members. An appeal by anyone interested shall
lie from the decision of the commissioner to the State Board of Agriculture and Industries
by filing with the Department of Agriculture and Industries a written demand for such appeal.
The appeal shall be heard at the next meeting of said State Board of Agriculture and Industries,
and the board shall render such judgment as it deems proper from the facts. (Ag. Code 1927,
§552; Code 1940, T. 2, §74.)...
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2-25-18
Section 2-25-18 Appeals to state board from findings or orders of commissioner. The owner or
person in charge may appeal the orders of the commissioner requiring treatment or destruction
of plants, plant products or nursery stock by serving written notice of appeal on the commissioner
within 10 days after receiving his orders or findings. This appeal from the findings or orders
of the commissioner shall lie to the State Board of Agriculture and Industries, which shall,
as soon as practicable, hear and determine the same. The order of the said board shall be
enforced by the circuit court upon filing a complaint by the commissioner setting forth said
order and requesting enforcement of the same. (Ag. Code 1927, §309; Code 1940, T. 2, §469;
Acts 1991, No. 91-632, p. 1179, §15.)...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed nonresident
producer shall be considered to have performed acts equivalent to and constituting an appointment
of the commissioner as his or her attorney to receive service of legal process issued against
the nonresident producer in this state upon causes of action arising within this state out
of transactions under the nonresident producer's license. Service upon the commissioner as
such attorney shall constitute effective legal service upon the nonresident producer. (b)
The appointment shall be irrevocable for as long as there may be any such cause of action
in this state against the nonresident producer. (c) Service of process under this section
shall be made by leaving three copies of the summons and complaint, or other process, with
the commissioner, along with payment of the fee prescribed in Section 27-4-2, and the service
shall be sufficient service upon the nonresident if notice of the service...
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