Code of Alabama

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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, §4.)...
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2-15-113
Section 2-15-113 Use of sticks, whips, chains, etc., in livestock markets; promulgation of
rules and regulations by commissioner as to treatment of livestock in markets; inspections
of markets for enforcement of section. In addition to the authority granted to the Commissioner
of the Department of Agriculture and Industries pursuant to Division 1 of Article 4 of this
chapter, the said commissioner, with the approval of the State Board of Agriculture and Industries,
shall be authorized to promulgate reasonable rules and regulations for the humane treatment
of animals held in livestock markets and while being sold or offered for sale in such markets,
including the number, kind and size of animals that may be held in pens or areas of stipulated
dimensions, regulations for the feeding and care of such animals and for the maintenance of
sanitary conditions of the premises. Sticks, canes or whips shall not be used in such a manner
so as to injure an animal. The use of chains, spikes, clubs...
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2-15-60
Section 2-15-60 Definitions. When used in this division, the following terms shall have the
following meanings, respectively, unless the context clearly indicates a different meaning:
(1) BOARD. The Board of Agriculture and Industries of the State of Alabama. (2) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama. (3) DEPARTMENT. The
Department of Agriculture and Industries of the State of Alabama. (4) LIVESTOCK. Cattle, swine,
sheep, goats, equine or equidae, ratites, and poultry. (5) LIVESTOCK MARKET. A place, concentration
or collection point, or other public or private place where a person shall assemble livestock
for either public or private sale by him and such service or the cost or expense thereof is
to be compensated for by the owner, on a commission basis or otherwise, or where such person
purchases livestock for resale. The term shall not include: a. Any place other than at a permanently
established livestock market, used solely for the...
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2-26-71
Section 2-26-71 Creation of Seed Investigation and Arbitration Committee; composition; qualifications,
appointment and terms of office of members; officers; meetings generally. There is hereby
created and established a Seed Investigation and Arbitration Committee to be appointed by
the Commissioner of Agriculture and Industries to consist of five members. The members shall
be appointed by the Commissioner of Agriculture and Industries upon the recommendation of
each of the following: Dean and Director, School of Agriculture and Agricultural Experiment
Station of Auburn University; Executive Committee of the Alabama Seedsmen's Association; President
of the Alabama Farmers Federation; State Board of Agriculture and Industries, and one member
shall be appointed by the Commissioner of Agriculture and Industries. Each of these members
may be represented by an alternate appointed by the Commissioner of Agriculture and Industries,
upon the recommendation of the recommending authority or on...
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2-9-6
Section 2-9-6 Requisitions and warrants for payments from fund. All expenses incurred under
this title or any other provision of this code or other statute which the Commissioner, Department
or Board of Agriculture and Industries is authorized or directed to administer or enforce
for the operation of the department shall be paid by warrants drawn by the comptroller on
the Agricultural Fund upon the requisition of the commissioner. Said requisition shall be
itemized and sworn to and accompanied by an itemized statement of expenses by any person in
whose favor a warrant is to be drawn, verified by affidavit that such statement is correct
and such amount is unpaid, with such other information or evidence as the board may require.
Thereupon, a warrant or warrants shall be drawn by the comptroller upon the Agricultural Fund
of the State Treasury for the amounts so requisitioned. (Ag. Code 1927, §490; Acts 1935,
No. 13, p. 12; Code 1940, T. 2, §36.)...
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8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner of Agriculture
and Industries shall promptly notify any person applying for a permit to operate a public
warehouse whether or not such application has been granted. (b) In the event the Commissioner
of Agriculture and Industries refuses to grant such permit, the applicant may give written
notice, by filing the same with the chief clerk of the Department of Agriculture and Industries,
that he appeals from the decision of the commissioner to the State Board of Agriculture and
Industries. Such appeal must be heard at the next meeting of the board, at which time the
board shall investigate the facts and hear from both the commissioner or his duly authorized
agent and the applicant and, after due consideration, enter a written finding determining
whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and...
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2-11-97
Section 2-11-97 Appeal from grading. (a) Any person aggrieved by the grading by any employee
of the commissioner of any grain for which federal standards have been adopted by the state
may appeal such grading in accordance with the provisions of the United States Grain Standards
Act and regulations promulgated thereunder. (b) Any person aggrieved by the grading by any
employee of the commissioner of any grain for which federal standards have not been fixed
but for which state grades have been established under the provisions of this article may
appeal the question to the commissioner. The commissioner shall make such tests as shall be
deemed necessary to determine the correct grade of the grain in question and, after making
such tests, shall issue or cause to be issued an appeal grade certificate to all interested
parties. Said certificate shall take such form as is prescribed by the commissioner in the
rules and regulations promulgated by the State Board of Agriculture and Industries....
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2-22-12
Section 2-22-12 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Generally. (a) If the analysis shall show that a commercial fertilizer
is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances
as established by regulation adopted by the State Board of Agriculture and Industries pursuant
to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by
the board. (b) Deficiencies in any other constituent or constituents covered under paragraphs
b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed
shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board;
provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of
competent jurisdiction for judgment as to the...
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2-5A-5
Section 2-5A-5 Regulating conduct of markets; grades and classes for produce; sale of cull
produce. The commissioner, with approval of the Board of Agriculture and Industries, may make
such rules as in his or her judgment may be necessary to conduct properly such farmers' market
or markets, both wholesale and retail. The commissioner may provide experienced and competent
persons to act as graders and classifiers on such markets. The commissioner may prescribe
and designate reasonable grades and classes for farm products, truck crops, fruits, vegetables,
and fish products and to enforce the same in all markets in the state. The commissioner may
designate separate places on any market where fruits, vegetables, truck crops, and fish products
of the different classes and grades shall be handled and kept separate. The commissioner may
promulgate rules regulating or prohibiting the sale of cull produce or produce unfit for human
consumption at any state farmers' market. Ripe peaches,...
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8-16-7
Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within
the state, the county sealer within the county and the city sealer within the city shall have
the power and it shall be their duty to inspect, test, try, and ascertain if they are correct
all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale,
sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption purchased or offered or submitted
for sale, hire, or reward, in computing any charge for services rendered on the basis of weight
or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect
packages or amounts of commodities of whatsoever kind...
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