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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