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2-26-7
Section 2-26-7 Requirements as to labeling of containers in which seed sold, distributed, etc.
(a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which
is sold, offered for sale, exposed for sale or distributed within this state for planting
or sowing purposes shall have attached thereto in a conspicuous place a plainly written in
ink or printed label of a size not less than 2 3/8 x 4 3/4 inches in the English language,
giving information for the following items: a. Commonly accepted name, kind and variety (of
those crops for which commercial varieties have been developed) of each agricultural seed
component in excess of five percent of the whole, subject to tolerances as provided in Section
2-26-3, and the percentage by weight of each in the order of its predominance. Where more
than one component is required to be named, the word "mixture" or the word "mixed"
shall be shown conspicuously near the top of the label or tag in type of not less than 8...
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2-26-10
Section 2-26-10 Maintenance, inspection, etc., of records as to receipt, sale and delivery
of seeds generally; maintenance of sales records by retail sellers; maintenance of bills of
lading, waybills, etc., by trucks, etc., transporting seed for sale, etc.; auditing of records
of receipts, sales and deliveries of seeds. (a) Records of receipts, sale and delivery of
all seed, other than retail sales and deliveries by a dealer, except as provided in subsection
(b) of this section, shall be kept readily accessible for examination by an authorized agent
of the Department of Agriculture and Industries. These records shall include invoices, bills
of lading or transportation records and a copy of the labeling information, and these records
must show the lot numbers. Such records must be made available to the inspectors within 10
days after receipt of seeds which said records cover. Such records as are surrendered shall
be duplicated and a copy left with the owner or party in question. Records...
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2-27-10
Section 2-27-10 License to sell. (a) Before any person sells or offers for sale any restricted-use
pesticide in this state for use therein or before any person sells such restricted pesticide
for importation into this state where such sale is directly to the user, custom applicator,
aerial applicator, or pest-control operator, the person shall apply for and obtain from the
commissioner an annual license which authorizes the sale of restricted-use pesticides to persons
who have been issued certified pesticide-use permits as required by Section 2-27-11. The license
required by this section shall be posted in a conspicuous place in licensee's sales outlet.
Application forms for this purpose shall be furnished by the commissioner, which shall be
accompanied by a license fee established by the Board of Agriculture and Industries. All such
licenses shall expire December 31 of each year and shall be renewed annually as of January
1, upon payment of the required annual license fee. Any person...
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2-26-5
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes for
sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree,
shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such
seed in the State of Alabama shall, before selling or offering such seed for sale or distributing
or soliciting orders for the sale of such seed and on or before January 1 of each year secure
an annual permit from the Commissioner of Agriculture and Industries to engage in such business.
Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed
by the commissioner, and such permit shall be issued upon the payment of the following permit
fees when the application is in proper form: (1) For each person engaged in selling seed at
retail in closed containers or packets of eight ounces or less displayed on a supplemental
container display, a permit fee established by the Board of...
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8-17-80
Section 8-17-80 Definitions. (a) The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (2) BIODIESEL FUEL.
Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural
products or animal fats, or the wastes of such products or fats, and is advertised as, offered
for sale as, suitable for use as, or used as motor fuel in a diesel engine. (3) BLENDED FUEL.
A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor
fuel in a highway vehicle. (4) BOARD. The Alabama Board of Agriculture and Industries. (5)
BRAND. The trade name or other designation under which a particular petroleum product is sold,
offered for sale, or otherwise identified. (6) BULK...
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2-27-14
Section 2-27-14 Prohibited acts. (a) It shall be unlawful for any person to distribute, sell,
offer for sale or keep for sale within the state or deliver for transportation or transport
in intrastate commerce or between points within this state through any point outside this
state any of the following: (1) Any pesticide or device which has not been registered pursuant
to the provisions of Section 2-27-9, or any pesticide if any of the claims made for it or
any of the directions for its use differ in substance from the representations made in connection
with the registration or if the composition of a pesticide differs from its composition as
represented in connection with its registration; provided, that in the discretion of the commissioner,
a change in the labeling of a pesticide may be made within a registration period without requiring
reregistration of the pesticide. (2) Any pesticide or device, unless it is in the registrant's
or the manufacturer's unbroken immediate container...
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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the Commissioner
of Agriculture and Industries may apply by petition to a circuit court, and such court or
the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §14.)...
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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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2-8-97
Section 2-8-97 Expenditure of assessments. The funds derived from any assessments levied upon
the sale of soybeans as authorized under this article shall be used and expended by the certified
association, after such funds are remitted to it by the Commissioner of Agriculture and Industries,
for the purpose of promoting and stimulating by advertising and other methods the increased
use and sale of soybeans and soybean products. Any funds expended by the certified association
not authorized by a promotional program previously approved shall be deemed an unauthorized
and illegal expenditure of such funds. All funds approved for expenditure by any certified
association for an approved promotional program for the soybean industry as authorized under
this article are hereby appropriated for disbursement and expenditure by said certified association
to carry out any such approved promotional program or programs. It shall not be necessary
for the Legislature to make any specific or general...
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2-11-79
Section 2-11-79 Injunction. In addition to other remedies for the enforcement of the provisions
of this article, any person who violates any of the provisions of this article may be restrained
or enjoined from violating the same by proper proceedings instituted by the Commissioner of
Agriculture and Industries, as petitioner, in any court having jurisdiction to grant injunctive
relief. Such proceedings shall be filed in the county where the violation occurs. In any such
proceedings for injunctive relief, no bond for such petitioner shall be required. (Acts 1953,
No. 887, p. 1192, §10.)...
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