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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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2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama 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, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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2-8-51
Section 2-8-51 Collection of assessments; deductions for expenses. In the event the required
number of swine producers approve by a referendum as provided in this article the levying
of an assessment upon the sale of swine for a promotional program, the Commissioner of Agriculture
and Industries shall, within 30 days, notify in writing every person licensed to operate a
livestock market under authority of Sections 2-15-60 through 2-15-71, other persons who conduct
livestock sales and purchasing establishments, including the sale of feeder pigs, and every
person who operates a meat packing or slaughter establishment which buys swine directly from
the producer, that on or after the date designated in such notice, which shall be not less
than 30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture
and Industries, the amount of the assessment shall be deducted by all such sales markets or
purchasers of swine or by their agents or representatives from...
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2-8-281
Section 2-8-281 Collection of assessments; deductions for expenses. In the event the required
number of catfish producers approve by a referendum as provided in this article the levying
of an assessment upon the sale of catfish feed for a promotional program, the Commissioner
of Agriculture and Industries shall within 30 days, notify in writing every person licensed
to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the
date designated in the notice, which shall be not less than 30 nor more than 60 days after
the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of
the assessment shall be levied on the sale of catfish feed by all distributors of catfish
feed or by their agents or representatives from the purchase price paid to the seller of the
feed where the feed is purchased within the state. All assessments so levied shall be remitted
to the Commissioner of Agriculture and Industries not later than the last day...
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2-8-103
Section 2-8-103 Penalty; inspection of books and records; injunctions. (a) Any dealer, handler,
processor or other purchaser of soybeans 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 or who fails or refuses to obtain a permit authorizing the
purchase of soybeans in Alabama shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, in the discretion of the court, may
also be imprisoned for a term not to exceed six months. Any purchaser of soybeans 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
soybeans for the purpose of ascertaining the accuracy of amounts deducted and remitted as
required under this article shall also be guilty of a misdemeanor and upon...
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2-8-171
Section 2-8-171 Penalty; inspection of books and records. Any seller of hens who willfully
fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required
to be so 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 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.
Any seller of hens 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 for the
purpose of ascertaining the accuracy of amounts added and remitted as required under this
article or any seller of hens who sells hens in Alabama without...
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2-8-197
Section 2-8-197 Conduct of referendum; payment of expense. The arrangements for and the management
of any referendum conducted hereunder shall be under the direction of the commission certified
by the State Board of Agriculture and Industries to conduct same, and such commission shall
furnish all necessary ballots and arrange for the necessary poll holders. All expense and
costs necessary to conduct such a referendum shall be borne by such commission. (Acts 1981,
No. 81-388, p. 586, ยง8.)...
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2-8-252
Section 2-8-252 Penalty for failure to deduct and pay over assessment, obtain permit, etc.;
injunctive relief authorized. (a) Any dealer, handler, processor, or other purchaser of wheat,
corn, grain sorghum, and oats 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 or who fails or refuses to obtain a permit authorizing the purchase of wheat,
corn, grain sorghum, and oats in Alabama 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. Any purchaser of wheat,
corn, grain sorghum, and oats 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 wheat, corn, grain sorghum, and...
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2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed 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 distributor
of catfish feed 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 distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
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2-8-101
Section 2-8-101 Enforcement duties of commissioner; revocation of certification of association.
It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities
of the Department of Agriculture and Industries, to enforce and collect the assessment charges
levied upon the sale of agricultural commodities under the provisions of this article and
to enforce the rules and regulations of the State Board of Agriculture and Industries relative
thereto. The State Board of Agriculture and Industries shall have authority at any time to
revoke or cancel any approval or certification of an association in the event it finds that
such association is not carrying out its promotional program in accordance with the provisions
of this article and rules and regulations promulgated thereunder. Before any certification
may be revoked, the certified association shall be given notice and an opportunity to be heard
by the State Board of Agriculture and Industries upon the...
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