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2-27-12
Section 2-27-12 Sampling and inspection. (a) The commissioner or his agent is authorized to
enter upon any public or private premise or carrier at reasonable times during regular business
hours in the performance of his duties relating to pesticides, devices and records pertaining
to same. It shall be a violation of the penalty provisions of this article for any person
to refuse to allow such entrance for sampling and inspection purposes. (b) The commissioner
or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides
sold or offered for sale or distributed within this state, at a time and place and to such
an extent as he may deem necessary to determine whether such pesticides are in compliance
with the provisions of this article. (c) The official analysis shall be made from the official
sample. The registrant may obtain upon request a portion of said official sample. If the official
analysis conforms to the provisions of this article, the official...
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall violate
any of the provisions of this article declared to be unlawful or who shall fail or refuse
to perform any duty or requirement imposed by the provisions of this article, or who shall
violate any rule or regulation duly promulgated under this article or who shall sell or offer
for sale or distribute for sale any pesticide or device in violation of any of the requirements
of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as
now prescribed by law for such an offense. Fines imposed under this article shall be paid
into the Agricultural Fund of the State Treasury. (b) In addition to the penalty and other
enforcement remedies of this article and notwithstanding the existence of an adequate legal
remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown
and upon a hearing to grant a temporary restraining order or preliminary or...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
2-2-32
Section 2-2-32 Procedure when analysis shows article or product in violation of title. Upon
the examination of specimens or samples of any article, substance, material or product the
sale of which is subject to the provisions of this article, made by any chemist, analyst,
inspector or assistant under the direction and supervision of the Commissioner of Agriculture
and Industries, if such examination shows that such article, substance, material or product
does not conform to the requirements prescribed by any provisions of law or rules and regulations
under authority of law, the commissioner shall cause notice thereof to be given to the party
from whom such specimen or sample was obtained. Any party so notified shall be given an opportunity
to be heard before the Commissioner of Agriculture and Industries under such rules and regulations
as may be prescribed by the State Board of Agriculture and Industries. If it appears that
any of the requirements of any provision of law or 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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40-13-61
Section 40-13-61 Violations; penalties. (a) Any person required by this article to make a return,
pay a tax, keep records, or furnish information deemed necessary by the commissioner or the
computation, assessment, or collection of the tax imposed by this article, who fails to make
the return, pay the tax, keep the records, or furnish the information at the time required
by law or regulation, in addition to other penalties provided by law, shall be guilty of a
Class C misdemeanor and, upon conviction, shall be punished as provided by law. Each required
procedure and each required record shall constitute a separate offense. (b) Any person who
willfully or fraudulently makes and signs a return, not believing the return to be true and
correct as to every material fact, shall be guilty of a Class C felony, and upon conviction,
shall be punished as provided by law. Each return shall constitute a separate offense. Additionally,
any person who willfully or fraudulently makes and signs a...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-44B-1.htm - 46K - Match Info - Similar pages
27-31B-3
(2) No association captive insurance company may insure any risks other than those of the member
organizations of its association, and their affiliated companies. (3) No industrial insured
captive insurance company may insure any risks other than those of the industrial insureds
that comprise the industrial insured group, and their affiliated companies. (4) No risk retention
group may insure any risks other than those of its members and owners. (5) No captive insurance
company may provide personal motor vehicle coverage or any component thereof. Homeowner's
insurance coverage may be written by an Alabama Coastal Captive Insurance Company as defined
in Chapter 31C, but only in the gulf front, beach, and seacoast areas as designated by the
Insurance Services Office, Inc. (6) No captive insurance company may accept or cede reinsurance
except as provided in Section 27-31B-13. (7) Any captive insurance company may provide excess
workers' compensation insurance to its parent and affiliated...
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