2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton 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 the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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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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2-11-79
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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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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2-8-62
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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2-8-103
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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2-8-252
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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2-27-62
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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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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2-8-209
Section 2-8-209 Enforcement duties of commissioner; revocation of certification of commission.
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 ginning of cotton as set forth 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 a commission in the event it finds that
such commission 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 commission shall be given notice and an opportunity to be heard
by the State Board of Agriculture and Industries upon the question of...
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