Code of Alabama

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2-8-232
Section 2-8-232 Referendum and assessments declared to be in public interest. It is hereby
further declared to be in the public interest and highly advantageous to the economy of the
state that wheat, corn, grain sorghum, and oats producers be permitted by referendum as hereinafter
provided to levy upon themselves an assessment, and to provide for the collection thereof
for the financing or contributing toward the financing of a program of research, education,
advertising and other methods designed to increase or promote the efficient and economical
production, distribution and marketing as well as the increased use, consumption and sale
of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats products.
(Acts 1985, No. 85-701, p. 1142, §3.)...
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2-8-246
Section 2-8-246 Expenditure of assessments; disbursements not subject to budget or allotment
requirements. The funds derived from any assessments levied upon the sale of wheat, corn,
grain sorghum, and oats 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 wheat, corn, grain sorghum, oats, and wheat, corn, grain sorghum,
and oats products. Any funds expended by the certified association not authorized by the promotional
program previously approved shall be deemed as an unauthorized and illegal expenditure of
such funds. All funds approved by the certified association for expenditure as required hereunder
by any certified association for an approved promotional program for the wheat, corn, grain
sorghum, and oat industry as authorized under this article are...
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2-8-231
Section 2-8-231 Authorized activities not illegal or in restraint of trade. No association,
meeting or activity undertaken in pursuance of the provisions of this article and intended
to benefit the Alabama wheat, corn, grain sorghum, and oats industry shall be deemed or considered
illegal or in restraint of trade. (Acts 1985, No. 85-701, p. 1142, §2.)...
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2-11-91
Section 2-11-91 State Board of Agriculture and Industries' powers. The State Board of Agriculture
and Industries shall have the power to establish standards and uniform grades for grain, which
are hereby defined as including corn (maize), wheat, rye, oats, barley, grain, sorghum and
beans. In establishing grades for grain that is sold on a dockage basis, dockage shall be
considered and such dockage that is of value and retained shall be paid for. Dockage as used
therein shall be understood to mean dockage as defined in the official grain standards of
the United States. Said board shall have the power to make, amend or repeal rules and regulations
for the grading and inspection of grain, for the purpose of carrying out the provisions of
this article. All such rules shall be published in such manner as to give proper publicity
thereto. Such board shall also have the power to fix and determine all charges for sampling,
grading and inspecting grain. (Ag. Code 1927, §322; Code 1940, T. 2,...
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2-31-1
Section 2-31-1 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the following meanings: (1) PRODUCER. The owner, tenant, or
operator of land in this state who has interest in and who receives all or any part of the
proceeds from the sale of the grain produced thereon. (2) PERSON. Any person, firm, association,
corporation or partnership. (3) GRAIN. Corn, wheat, oats, rye, soybeans, barley, grain sorghums,
or other commodities commonly referred to as grain. (4) GRAIN DEALER. Any person owning, controlling
or operating a grain elevator, mill, warehouse or other similar structure or a truck or tractor
trailer unit, or both, and engaged in the business of buying or receiving grain from producers
for resale, for storage, or for milling or processing or any person commonly referred to as
a "grain broker" engaged in the business of buying grain for resale or for milling
or processing or soliciting the sale, purchase, exchange or...
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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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2-8-243
Section 2-8-243 Provisions of article not applicable to certain purchases. The provisions of
this article shall not apply to any person who purchases 1,000 or less bushels of wheat, corn,
grain sorghum, and oats in any calendar year, nor shall the provisions of this article apply
to occasional sales between growers. (Acts 1985, No. 85-701, p. 1142, §14.)...
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2-8-274
Section 2-8-274 Application of catfish producers' association for certification and approval
to conduct referendum - Action by board on application. Upon the filing with the State Board
of Agriculture and Industries of an application by any nonprofit association of catfish producers
as provided in Section 2-8-273, the said board shall within 30 days thereafter meet and consider
the application. If it is shown by the applicant to the satisfaction of the board that the
applicant is fairly and substantially representative of the catfish producers of this state,
and the board shall otherwise find and determine that such application is in conformity with
the provisions and purposes of this article, the board shall certify such association as the
duly delegated and authorized group or organization and shall likewise certify that such association
is duly authorized to conduct among the catfish producers of this state a referendum for the
purpose set forth in its application which shall be...
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2-8-44
Section 2-8-44 Application of swine producers' association for certification and approval to
conduct referendum - Action by board on application. Upon the filing with the State Board
of Agriculture and Industries of an application by any nonprofit association of swine producers
as provided in Section 2-8-43, the said board shall within 30 days thereafter meet and consider
the application. If it is shown by the applicant to the satisfaction of the board that the
applicant is fairly and substantially representative of the swine producers of this state,
and the board shall otherwise find and determine that such application is in conformity with
the provisions and purposes of this article, the board shall certify such association as the
duly delegated and authorized group or organization and shall likewise certify that such association
is duly authorized to conduct among the swine producers of this state a referendum for the
purpose set forth in its application which shall be consistent...
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2-8-84
Section 2-8-84 Application of soybean producers' association for certification and approval
to conduct referendum - Action by State Board of Agriculture and Industries on application.
Upon the filing with the State Board of Agriculture and Industries of an application by any
nonprofit association of soybean producers, as provided in Section 2-8-83, the said board
shall within 30 days thereafter meet and consider the application. If it is shown by the applicant
to the satisfaction of the board that the applicant is fairly and substantially representative
of the soybean producers of this state, and the board shall otherwise find and determine that
such application and the program proposed therein are in conformity with the provisions and
purposes of this article, the board shall certify such association as the duly delegated and
authorized group or organization and shall likewise certify that such organization is duly
authorized to conduct among the soybean producers of this state a...
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