Code of Alabama

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9-17-174
Section 9-17-174 referendum for assessment. (a) The qualified industry organization shall conduct
at its own expense a referendum among wholesalers and retail marketers doing business in the
State of Alabama on the question of whether to levy upon themselves an assessment. The referendum
shall be conducted on a statewide basis as determined by the qualified industry organization.
The council, if established, shall reimburse the qualified industry organization for the cost
of the referendum, accounting, and documentation. The referendum shall be conducted by an
independent auditing firm as determined and selected by the qualified industry organization.
The results, as certified by the independent auditing firm, shall be submitted to the Secretary
of State within 30 days of certification. Voting rights in the referendum shall be based on
the volume of odorized propane sold by retail marketers and wholesalers in the previous calendar
year in the State of Alabama. Upon approval of those...
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2-8-194
Section 2-8-194 Application 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 commission, formed by mutual agreement of two or more nonprofit associations
of cotton producers, 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 cotton 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, then, and in such an event,
the board shall certify such organization as the duly delegated and authorized commission
and shall likewise certify that such commission is duly authorized to conduct among the cotton
producers of this state a referendum for the purpose set forth...
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2-8-123
Section 2-8-123 Application for certification and approval to conduct referendum - Generally.
Any commission, council, board or other agency or any nonprofit association of producers,
fairly representative of the growers or producers of any agricultural commodity referred to
in this article may make application to the State Board of Agriculture and Industries of the
State of Alabama for certification and approval for the purpose of conducting a referendum
among the growers or producers of such particular agricultural commodity for commercial purposes
upon the question of levying an assessment under the provisions of this article and collecting
and utilizing the same for the purposes stated in such referendum. (Acts 1957, No. 108, p.
142, ยง4.)...
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2-8-160
Section 2-8-160 Subsequent referendums. In the event any referendum conducted as provided in
this article shall fail to receive the required number of affirmative votes from egg producers
eligible for participation and voting therein, then the certified association conducting the
referendum shall be authorized to call another referendum for the purposes set forth in this
article in the next succeeding year, on the question of an assessment and promotional program
for the period authorized by this article, but no such referendum shall be held within a period
of 12 months following the date on which the last referendum was held. In the event such referendum
is carried or favored by the required number of eligible voters participating therein, and
assessments in pursuance thereof are levied for the period set forth in the call for the referendum,
then the organization conducting such referendum shall have power and authority to call and
conduct during or after the last year of such period...
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2-8-240
Section 2-8-240 Subsequent referendums. In the event any such referendum conducted as herein
provided shall fail to receive the required number of affirmative votes from wheat, corn,
grain sorghum, and oats producers eligible for participation and voting therein, then the
certified association conducting the said referendum shall be authorized to call another referendum
for the purposes herein set forth in the next succeeding year, on the question of an assessment
and promotional program for the period authorized by this article, provided no such referendum
shall be held within a period of 12 months from the date on which the last referendum was
held. In the event such referendum is carried or favored by the required number of eligible
wheat, corn, grain sorghum, and oats producers participating therein and assessments in pursuance
thereof are levied for the period set forth in the call for such referendum, then the organization
conducting such referendum shall have full power and...
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2-8-355
Section 2-8-355 Referendum - Generally. (a) Upon certification by the board, an association
may hold and conduct on the part of the Alabama shrimpers and seafood fishermen, either singularly
or jointly, a referendum on the question of whether to levy upon themselves an assessment.
The referendum shall be conducted on a statewide or area basis as determined by the certified
association. (b) The certified association, not less than 30 days before the date of any referendum,
shall publicly announce the date, hours, polling places, and rules for voting in the referendum,
the geographic areas covered by the referendum, the amount and basis of the assessment proposed
to be collected, the means by which the assessment shall be collected, and the general purposes
for which the amount collected shall be expended and applied. The notice shall be published
by the certified association in its trade publication and written notice shall be given to
each county agent in the geographic area covered by...
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2-8-164
Section 2-8-164 Expenditure of assessments. The funds derived from any assessments levied upon
the sale of hens 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 eggs and egg products, and such funds may also be used for the financing or
contributing toward the financing of research, experimental and educational programs for the
efficient and economical production, distribution, processing and marketing of eggs and egg
products. Any such certified association may enter into cooperative agreements with appropriate
agencies of any public or private institution or organization, and funds derived from assessments
to the extent agreed upon and approved may be contributed to such public or private institution
or agency for such research, experimental and...
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2-8-100
Section 2-8-100 Rules and regulations. The State Board of Agriculture and Industries is hereby
authorized and empowered to adopt and promulgate rules and regulations to carry out the evident
intent and purpose of this article, which shall include rules and regulations governing the
holding of referendums as adopted by the certified association, rules and regulations governing
the collection, deposit, handling, withdrawal and disbursement of assessments collected under
this article and such other reasonable rules and regulations as may be necessary to effectuate
the evident intent and purposes of this article. The certified association authorized to conduct
a promotional program as authorized under this article shall have a right to recommend such
rules and regulations to the State Board of Agriculture and Industries and, upon receipt of
such recommended rules and regulations, said board shall meet within a period of not more
than 90 days to consider their adoption. The certified...
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2-8-167
Section 2-8-167 Rules and regulations. The State Board of Agriculture and Industries is hereby
authorized and empowered to adopt and promulgate rules and regulations to carry out the evident
intent and purpose of this article, which shall include rules and regulations governing the
holding of referendums as adopted by the certified association, rules and regulations governing
the collection, deposit, handling, withdrawal and disbursement of assessments collected under
this article and such other reasonable rules and regulations as may be necessary to effectuate
the evident intent and purposes of this article. The certified association authorized to conduct
a promotional program as authorized under this article shall have a right to recommend such
rules and regulations to the State Board of Agriculture and Industries; and, upon receipt
of such recommended rules and regulations, said board shall meet within a period of not more
than 90 days to consider their adoption. The certified...
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2-8-168
Section 2-8-168 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 hens 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 organization shall be given notice and an opportunity to be heard by the State
Board of Agriculture and Industries upon the question of whether its...
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