2-8-239
Section 2-8-239 Majority vote required for approval of assessment; canvass of results; limitations
on assessment. If in such referendum a majority or more of the wheat, corn, grain sorghum,
and oats producers who are eligible to participate and actually vote therein, shall vote in
the affirmative and in favor of the levying and collection of the assessment proposed on such
referendum, then such assessment shall be levied and collected in the manner hereinafter provided.
All wheat, corn, grain sorghum, and oats producers who produce wheat, corn, grain sorghum,
or oats in the crop year immediately preceding the referendum shall be eligible to participate
in said referendum. Following the referendum and within 10 days thereafter the certified association
shall canvass, tabulate and publicly declare and announce the results thereof. The amount
of the assessment levied upon the sale of wheat, corn, grain sorghum, and oats shall not exceed
$.02 per net bushel after deductions for foreign...
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2-8-234
Section 2-8-234 Application of nonprofit association for certification and approval to conduct
referendum - Action by board on application. Upon filing with the State Board of Agriculture
and Industries of an application by any nonprofit association of wheat, corn, grain sorghum,
and oats 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 wheat, corn, grain sorghum, and oats producers of
this state, and 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 association as the duly delegated and authorized group
or organization and shall likewise certify that such organization is duly authorized to conduct
among the wheat, corn, grain sorghum, and oat...
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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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2-8-240
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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2-11-91
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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2-8-231
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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2-8-243
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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2-8-161
Section 2-8-161 Collection of assessment; deductions for expenses. In the event the required
number of egg producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of hens for a promotional program, the Commissioner of Agriculture
and Industries shall, within 30 days, notify in writing every person engaged in the business
of selling hens for the purpose of dressing, processing or reselling to processors, whether
said buyers [sellers] are located within the State of Alabama or not, 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, that the amount
of the assessment levied pursuant to the referendum shall be added by all such sellers of
hens to the sale price thereof where such hens are purchased within the area covered by the
referendum where such hens are sold for commercial processing or where such...
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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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2-8-51
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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