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40-25-8
Section 40-25-8 Commodities subject to confiscation. Any cigarettes, smoking tobacco, cigars,
stogies, cheroots, chewing tobacco, snuff, or other products taxable under this article found
at any point within the State of Alabama, which the cigarettes, smoking tobacco, cigars, stogies,
cheroots, chewing tobacco, snuff, or other products taxable under this article shall have
been within the State of Alabama for a period of two hours, or longer, in possession of any
retailer or semijobber not having affixed to the package the stamps as provided in this article,
or in the case of products not requiring a stamp to be affixed where purchase invoices do
not itemize the applicable tobacco taxes, are declared to be contraband goods and may be seized
by the Department of Revenue, or its agents or by any peace officer of the State of Alabama,
without a warrant and the goods shall be delivered to the Department of Revenue for destruction.
Any of the goods, wares, or merchandise when offered for...
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40-25-9
Section 40-25-9 Procedure when goods are confiscated. In all cases of seizure of any goods,
wares, merchandise, or other property hereafter made as being subject to forfeiture under
provisions of this article: (1) The officer or person making the seizure shall cause a list
containing a particular description of the goods, wares, merchandise or other property seized
to be prepared in duplicate. The list shall be properly attested by the officer. (2) The Department
of Revenue shall then proceed to post a notice for three weeks on its web site describing
the articles and stating the time and place and cause of their seizure and requiring any person
claiming them to appear and make such claim in writing within 30 days from the date of the
first posting of such notice. (3) Any person claiming the goods, wares or merchandise or other
property so seized as contraband within the time specified in the notice may file with the
Department of Revenue a claim in writing, stating the person's...
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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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2-27-5.1
Section 2-27-5.1 Local governments prohibited from passing ordinances regulating pesticides.
(a)(1) The term "pesticides" as used herein shall have the same meaning as set forth
in the Alabama Pesticide Act, Section 2-27-2(1). (2) Except as provided in subsection (b),
no county, municipal corporation, or other political subdivision of this state shall adopt
or continue in effect any ordinance, rule, regulation, or resolution regulating the use, sale,
distribution, storage, transportation, disposal, formulation, labeling, registration, manufacturing,
or application of pesticides. (b) This section shall not prohibit or affect the right of any
county, municipal corporation, or other political subdivision of this state to adopt and enforce
the provisions of the Standard Building Code, Standard Fire Prevention Code, or the codes,
standards, and recommended practices of the National Fire Protection Association. (c) Any
local law or general law of local application regulating pesticide use,...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
together with such reasonable sum as the court may deem just for necessary expenses incurred
in transporting and providing storage for liquors and beverages and vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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40-17-353
Section 40-17-353 Seizure of storage receptacles pending payment of taxes, interest, and penalties;
sale of motor fuel; forfeiture of contraband. (a) Upon the discovery of any motor fuel illegally
imported into or illegally transported, delivered, stored, or sold in this state, the commissioner
shall order the tank or other storage receptacle in which the motor fuel is located to be
seized and locked or sealed until the tax, interest, and penalties levied under this article
are assessed and paid. (b) If the assessment for the above tax is not paid within 30 days,
the commissioner, in addition to the other remedies in this article, may sell the motor fuel
and use the proceeds of the sale to satisfy the assessment due, with any excess funds after
payment of the assessment and costs of the sale being returned to the owner of the motor fuel.
(c) All motor fuel and any property, tangible or intangible, which is found upon the person
or in any vehicle which the person is using, including the...
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40-29-33
Section 40-29-33 Application of proceeds of levy. (a) Collection of liability. Any money realized
by proceedings under this article (whether by seizure, by surrender under Section 40-29-24,
except pursuant to subsection (b)(2) thereof, or by sale of seized property) or by sale of
property redeemed by the State of Alabama (if the interest of the State of Alabama in such
property was a lien arising under the provisions of this title) shall be applied as follows:
(1) EXPENSE OF LEVY AND SALE. First, against the expenses of the proceedings; (2) SPECIFIC
TAX LIABILITY ON SEIZED PROPERTY. If the property seized and sold is subject to a tax imposed
under this title which has not been paid, the amount remaining after applying subdivision
(1) shall then be applied against such tax liability, including any penalty and interest,
(and, if such tax was not previously assessed, it shall then be assessed); (3) LIABILITY OF
DELINQUENT TAXPAYER. The amount, if any, remaining after applying subdivisions...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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28-3-240
Section 28-3-240 Goods, etc., subject to confiscation and sale generally; procedure for confiscation
and sale of goods, etc., generally. All alcoholic beverages enumerated and defined in this
chapter or other products taxable under this chapter found at any point within the State of
Alabama when said alcoholic beverages or products shall have been within the State of Alabama
for a period of two hours or longer in possession of any retailer or for a period of 36 hours
or longer in possession of any wholesaler or distributor not having affixed to the package,
as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared
to be contraband goods, and the same may be seized by the board or its agents or by any peace
officer of the State of Alabama without a warrant, and the said goods shall be delivered to
the board for sale at public auction to the highest bidder after due advertisement, but the
board, before delivering any of said goods so seized, shall...
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