Code of Alabama

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2-8-91
Section 2-8-91 Collection of assessments; deductions for expenses. In the event the required
number of soybean producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of soybeans for a promotional program, the Commissioner of
Agriculture and Industries shall, within 30 days, notify in writing every person engaged in
the business of buying soybeans, whether said buyers are located within the State of Alabama
or not, that on or after the date designated in such notice, which shall not be less than
30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture
and Industries, that the amount of the assessment levied pursuant to the referendum shall
be deducted by all purchasers of soybeans from the sale price thereof where such soybeans
are purchased within the state. The deductions of assessments as required by this article
shall be deducted by the first purchaser from the grower of the soybeans. "First...
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2-8-241
Section 2-8-241 Collection of assessments; deductions by first purchaser; remittance to commissioner;
inspection of books and records; commissioner to deduct percent for expenses. In the event
the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum
as provided hereunder, the levy of an assessment upon the sale of wheat, corn, grain sorghum,
and oats for a promotional program, the Commissioner of Agriculture and Industries shall,
within 30 days, notify in writing every person engaged in the business of buying wheat, corn,
grain sorghum, and oats whether said buyers are located within the State of Alabama or not,
that on or after the date designated in such notice, which shall not be less than 30 nor more
than 60 days after the mailing of such notice by the Commissioner of Agriculture and Industries,
that the amount of the assessment levied pursuant to the referendum shall be deducted by all
purchasers of wheat, corn, grain sorghum, and oats from...
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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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2-8-279
Section 2-8-279 Majority vote required for approval of assessment; canvass of results; limitations
on assessments. If any referendum held under the provisions of this article a majority or
more of the catfish producers eligible to participate and voting therein shall vote in the
affirmative and in favor of the levying and collection of the assessment proposed in such
referendum, then such assessment shall be levied and collected in the manner provided in this
article. Following the referendum and within 10 days thereafter, the certified association
shall canvass, tabulate and publicly declare and announce the results thereof. The amount
of the assessment levied upon the sale of catfish feed bought, sold or manufactured in the
State of Alabama shall not exceed $5.00 per ton. (Acts 1987, No. 87-587, p. 961, §10.)...

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2-8-22
Section 2-8-22 Penalty for failure to deduct and pay over assessment. Any dealer, handler,
processor, sales market or other purchaser of cattle who willfully fails or refuses to deduct
and pay to the Commissioner of Agriculture and Industries any assessment required to be so
deducted and remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount equal to three times the amount of the assessment he
failed or refused to collect and remit as required under this article. The amount of any fine
under this section shall be remitted to the Commissioner of Agriculture and Industries and
shall be forthwith transferred by the commissioner to the account of the certified association
entitled thereto. (Acts 1961, Ex. Sess., No. 280, p. 2320, §22.)...
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2-8-366
Section 2-8-366 Violations. Any individual who sells shrimp or seafood in the state who willfully
fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a
misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount
of the assessment the individual failed or refused to collect and remit as required under
this article. The amount of any fine shall be remitted to the commissioner and shall be transferred
by the commissioner to the account of the certified association entitled to the assessment.
(Act 2004-301, p. 427, §17.)...
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2-8-326
Section 2-8-326 Violations. Any individual, stockyard, or broker who sells sheep or goats in
the state who willfully fails or refuses to deduct and pay to the commissioner any assessment
shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three
times the amount of the assessment the individual, stockyard, or livestock broker failed or
refused to collect and remit as required under this article. The amount of any fine shall
be remitted to the commissioner and shall be transferred by the commissioner to the account
of the certified association entitled to the assessment. (Act 2002-523, p. 1364, §17.)...

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2-8-62
Section 2-8-62 Penalty for failure to deduct and pay over assessment; inspection of books and
records; injunctions. (a) Any dealer, handler, processor, sales market or other purchaser
of swine who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any purchaser of
swine who fails or refuses to allow the Commissioner of Agriculture and Industries or his
authorized agents and employees to inspect and review his books and records which disclose
his purchases of swine for the purpose of ascertaining the accuracy of amounts deducted and
remitted as required under this article shall also be guilty of a misdemeanor. The...
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2-8-283
Section 2-8-283 Refund of assessment to purchaser of catfish feed. Any purchaser of catfish
feed against which any assessment is made under authority of this article, if dissatisfied
with said assessment, shall have the right to demand and receive from the treasurer of the
certified association a refund of the amount of the assessment collected from such purchaser
of catfish feed, if such demand for refund is made in writing within 30 days from the date
on which such assessment was made on the sale price of catfish feed. Applications for refunds
of amounts deducted from the sale price of any catfish feed sold must give the name and address
of the distributor of catfish feed who sold the feed, date of purchase, invoice number, if
any and the number of tons purchased from him for which the assessment was made. Within 30
days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries,
and thereafter within 30 days after receipt of such application, the...
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2-19-132
Section 2-19-132 Cotton growers assessment referendum authorized; assessments generally. (a)
At the request of the certified organization, the board shall authorize a referendum among
cotton growers upon the question of whether an assessment shall be levied upon cotton growers
in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest
suppression or eradication programs authorized by this article or by any other law of this
state. (b) The assessment levied under this article shall be based upon the number of acres
of cotton planted. The amount of the assessment, the period of time for which it shall be
levied, and the geographical area to be covered by the assessment shall be determined by the
board. In no event shall the amount of the assessment exceed $50 per acre for any growing
season. (c) All affected cotton growers shall be entitled to vote in any such referendum and
the board shall determine any questions of eligibility to vote. (d) If at least...
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