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20-1-137
Section 20-1-137 Adulteration and misbranding of mellorine, imitations thereof, etc.; sale
or offer for sale of adulterated or misbranded mellorine. Any food product containing any
food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or
in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which
purports to be or is represented as mellorine as defined in this article but which does not
conform to such definition and standard of identity shall be deemed to be adulterated and
misbranded, notwithstanding the employment of any fanciful name or the use of the word "imitation"
to designate the product; provided, that the natural occurrence of a food fat in any flavoring
used in mellorine shall not be construed to be adulteration within the meaning of this section.
If mellorine is adulterated as provided in the case of food under the provisions of Section
20-1-22, such adulteration is hereby prohibited. The sale or offering for...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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20-1-32
Section 20-1-32 Exemption from prosecution of dealers. No dealer shall be prosecuted under
the provisions of this division when the dealer can establish a bona fide guarantee signed
by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or
she purchased such articles that they are not adulterated or misbranded within the meaning
of this division, designating it and that he or she has no knowledge of such adulteration
or misbranding at the time they were purchased by that dealer. Such guarantee shall contain
the name and address of the vendor who shall be amenable to the prosecutions, fines, and other
penalties to which the purchaser would otherwise be amenable. Provided, however, there shall
be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date
food products by the dealer. There shall be no exemption from prosecution with regard to the
sale or the offer for sale of food products that have become out-of-date,...
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2-17-1
Section 2-17-1 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized
representative. (2) FIRM. Any partnership, association or other unincorporated business organization.
(3) MEAT BROKER. Any person, firm or corporation engaged in the business of buying or selling
carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats,
horses, mules or other equines or poultry on commission or otherwise negotiating purchases
or sales of such articles other than for his own account or as an employee of another person,
firm or corporation. (4) POULTRY. Any live or slaughtered domesticated bird. (5) RENDERER.
Any person, firm or corporation engaged in the business of rendering carcasses or parts or
products of the carcasses of cattle, sheep, swine, goats,...
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20-1-27
Section 20-1-27 Prohibited activities. No person shall engage in any of the following activities
within this state: (1) Manufacture for sale herein, have in his or her possession with intent
to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is
adulterated or misbranded within the meaning of this division. (2) Sell or offer for sale
out-of-date Class A foods which include baby food, infant formula, and potentially hazardous
food. (3)a. Obscure, remove, or otherwise render illegible any information appearing on beverage
labels, packages, or containers related to production information, best before dates, or other
disclosure printed on, affixed to, or appearing on the labels, packages, or containers. b.
This subdivision shall not apply to any alteration of a beverage label, package, or container
made by, or at the direction of, either the owner of the trademark rights to the brand that
appears on the beverage label, package, or container or an...
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20-1-34
Section 20-1-34 Civil penalties for violation of chapter, etc. (a) Notwithstanding the existence
of any criminal penalty imposed for violations of this chapter and the rules and regulations
promulgated hereunder, the department may, after a hearing thereon, impose a civil penalty
for violation of this chapter or any rules or regulations promulgated hereunder regarding
out-of-date Class A foods, or misbranded or adulterated food, in accordance with the classes
provided in subsection (d) below. (b) Any one offense, and all incidents or violations committed
by a person, firm, association, or corporation, arising from the same transaction, shall constitute
but one offense. (c) The board shall by duly adopted rules or regulations, provide maximum
penalty amounts to be imposed with regard to out-of-date Class A foods, or misbranded and
adulterated food as provided below. (d) After a public hearing thereon, the board shall, by
duly adopted rules or regulations, establish five classes of...
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20-1-25
Section 20-1-25 When articles deemed misbranded generally - Food. An article of food shall
be deemed misbranded in the following cases: (1) If it is offered for sale under the name
of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser,
or purports to be a foreign product when not so or if the contents of the package as originally
put up shall have been removed in whole or in part and other contents shall have been placed
in such package; (3) If, in package form, the name of the article together with the quantity
of the contents in terms of weight, measure, or numerical count and the name and principal
address of the manufacturer or other person responsible for placing the article on the market
are not plainly and conspicuously marked on the outside of the package; (4) If, in package
form, the package is not filled with the food it purports to contain within the limits of
tolerance fixed by the State Board of Agriculture and Industries,...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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2-17-10
Section 2-17-10 Labeling of cans, pots, etc., containing meat, meat food products, or poultry
food products; misbranding of products, or poultry food products; misbranding of carcasses,
etc.; establishment of definitions and standards; use of false or misleading names, labeling,
etc. (a) When any meat or meat food product or poultry food product prepared for intrastate
commerce which has been inspected as provided in this chapter and marked "Alabama inspected
and passed" shall be placed or packed in any can, pot, tin, canvas, or other receptacle
or covering in any establishment where inspection under this chapter is maintained, the person,
firm, or corporation preparing the product shall attach a label to the can, pot, tin, canvas,
or other receptacle or covering, which label shall state that the contents thereof have been
"Alabama inspected and passed" under this chapter, and no inspection and examination
of meat or meat food products or poultry food products deposited or enclosed in...
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2-27-2
Section 2-27-2 Definitions. For the purposes of this article, unless otherwise indicated, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying,
repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other
forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or
in living man or other animals, which the commissioner shall declare to be a pest; and b.
Any substance or mixture of substances intended for use as a plant regulator, defoliant or
desiccant. (2) INSECTICIDE. Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any fungi, except those living on or in man or other...
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