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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2-8-232
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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2-8-231
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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2-31-1
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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2-8-230
Section 2-8-230 Legislative intent and purpose. It is hereby declared to be in the interest
of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized
and encouraged to act jointly and in cooperation with handlers, dealers, and purchasers of
wheat, corn, grain sorghum, and oats and with the Commissioner of Agriculture and Industries
and with the State Board of Agriculture and Industries in promoting and stimulating by research,
education, advertising and other methods, the increased and efficient production, distribution,
use and sale of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats
products; and it is the intent and purpose of this article to authorize and provide a method
and procedure for a promotional program for the wheat, corn, grain sorghum, and oats industry
and the financing thereof pursuant to powers of the Legislature as authorized by the amendment
to the state Constitution which expressly authorizes such...
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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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2-8-243
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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2-8-95
Section 2-8-95 Refund of assessment to soybean producer. Any producer of soybeans against whom
any assessment is made and deducted under authority of this article, if dissatisfied with
said assessment, shall have the right to demand and receive from the treasurer of the certified
association a refund of the amount of the assessment collected from such soybean producer,
if such demand for refund is made in writing within 30 days from the date on which such assessment
was deducted from the sale price of soybeans sold by such soybean producer. Applications for
refunds of amounts deducted from the sale price of any soybeans sold must give the name and
address of the sale market or purchaser who bought the soybeans, date of purchase, invoice
or weight ticket number, if any, and the amount of soybeans purchased from him for which the
assessment was deducted. Within 30 days after the first quarterly receipt of funds from the
Commissioner of Agriculture and Industries, and thereafter within 30...
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2-8-54
Section 2-8-54 Refund of assessment to swine producer. Any producer of swine against whom any
assessment is made and deducted under authority of this article, if dissatisfied with said
assessment, shall have the right to demand and receive from the treasurer of the certified
association a refund of the amount of the assessment collected from such swine producer, if
such demand for refund is made in writing within 30 days from the date on which such assessment
was deducted from the sale price of swine sold by such swine producer. Applications for refunds
of amounts deducted from the sale price of any swine sold must give the name and address of
the sale market or purchaser who bought the swine, date of purchase, invoice number, if any,
and the number of head purchased from him for which the assessment was deducted. Within 30
days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries,
and thereafter within 30 days after receipt of such...
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2-8-319
Section 2-8-319 Assessment moneys collected - Refunds. Any sheep or goat producer against whom
any assessment is made and collected under authority of this article, if dissatisfied with
the assessment, may demand and receive from the treasurer of the certified association a refund
of the amount of the assessment collected from the sheep or goat producer. A demand for refund
must be made in writing within 30 days from the date on which the assessment is collected
by the commissioner. The application for refunds of amounts collected shall give the name
and address of the producer. Within 30 days after the first quarterly receipt of funds from
the commissioner, and thereafter within 30 days after receipt of an application for a refund,
the certified association shall, after the association determines that the assessment was
paid as claimed in the application, refund the amount so paid as an assessment. The mailing
by the association of a valid check in the amount of the assessment,...
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