2-9-1
Section 2-9-1 Source of fund. Wherever provision is made in 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 collection of any
fee or license or the imposition of any fine or penalty for the violation of any provision
of 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 without providing for the disposition of the proceeds derived therefrom, such proceeds
shall accrue to the Agricultural Fund. The Agricultural Fund shall include all funds available
from every source for the administration, enforcement or making effective the purposes of
the provisions of the laws included in this title or any other provision of this Code or other
statute which the Commissioner, Department or Board of Agriculture and...
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2-9-5
Section 2-9-5 Payment of salaries and expenses of commissioner, members of board, department
employees, etc. The salaries and expenses of the commissioner, members of the State Board
of Agriculture and Industries, and the salaries of the employees of the Department of Agriculture
and Industries, as otherwise fixed by law, shall be payable from the Agricultural Fund and
other funds available to said department by legislative appropriation or otherwise; provided,
that the expenses of travel and type or means of transportation of such officers and employees
and other expenses incident thereto in the performance of their official duties, as otherwise
provided by law, and proof thereof, shall be subject to rules and regulations approved by
the State Board of Agriculture and Industries as to the manner, method or system of payment.
The provisions of this section as to expenses shall also apply to experts and scientists
when performing duties as provided in this title or any other provision...
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2-1-6
Section 2-1-6 Refund of any funds improperly or illegally collected. In the event of
improper or illegal collection of any license or permit fee, or any other sum made in an effort
to enforce any of the provisions of 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, either as a result of a mistake of law or fact, upon
the written application of the party in interest, the comptroller, upon requisition of the
commissioner approved by the Attorney General that such sum was improperly or illegally collected
and paid into the Treasury to the credit of the Agricultural Fund, shall draw his warrant
in favor of the party in interest upon the Treasurer for the amount thus certified as improperly
or illegally collected and paid into the Treasury to the credit of said Agricultural Fund,
and the same shall be charged to and paid out of the particular fund into...
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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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2-2-16
Section 2-2-16 Commissioner to enforce laws; promulgation of rules and regulations;
notice. The Commissioner of the Department of Agriculture and Industries is charged with the
execution and enforcement of the laws and provisions contained in this title and 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, and he is authorized and
empowered, with the approval of the State Board of Agriculture and Industries, to promulgate
such rules and regulations as are reasonable and necessary to accomplish the evident purpose
and intent of the law. The commissioner shall give notice of all rules and regulations promulgated
as provided in this section to all parties in interest and to all parties who are likely
to be interested in the same within 30 days after the promulgation thereof, and such rules
and regulations shall not become effective until the expiration of said...
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2-9-4
Section 2-9-4 Authority of commissioner over fund. The Commissioner of Agriculture and
Industries, with the approval of the State Board of Agriculture and Industries, shall use
the Agricultural Fund in accordance with the provisions of law for the support and expense
of the regulatory, control and administrative work of the Department of Agriculture and Industries
and in such manner as said board deems will best effect the purposes of all laws included
in this title which the Commissioner, Department or Board of Agriculture and Industries are
authorized or directed to administer or enforce. The Commissioner of Agriculture and Industries,
with the approval of the State Board of Agriculture and Industries, shall direct the expenditure
of said fund, it being the purpose of this section to vest the financial supervision
and control over the use of said fund for the work and activities assigned to the Department
of Agriculture and Industries in the manner provided by law. (Ag. Code 1927,...
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2-9-2
Section 2-9-2 Proceeding against persons delinquent in payment of license or permit
fee. When any person has been delinquent for 30 days or more in the payment of any license
or permit fee levied under the provisions of this title or any other provision of this Code
or other statute which the Commissioner, Department or Board of Agriculture and Industries
is directed or authorized to administer or enforce, he shall be deemed to be delinquent and
shall, upon the demand of a license inspector in his county or upon demand of an inspector
of the Department of Agriculture and Industries, be required to immediately make application
for such permit or license and shall pay to such license inspector or inspector of the Department
of Agriculture and Industries a fee of 15 percent of the amount of said permit or license
in addition to the price of such permit or license. Such license inspector or inspector of
such department shall immediately forward such application with the money therefor to...
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2-1-2
Section 2-1-2 Acts or omissions of officers or agents. When construing and enforcing
the provisions of 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, the act, omission or failure of any officer, agent or other person
acting for or employed by any individual, partnership, corporation or by two or more individuals
having a joint or common interest shall in every case also be deemed to be the act or omission
or failure of such individual, partnership, corporation or of two or more individuals having
a joint or common interest. (Ag. Code 1927, §2; Code 1940, T. 2, §2.)...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in
possession of any article, substance, material or product, the sale of which is regulated
under the provisions of 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, by any person who manufactures, sells, keeps for sale, offers or
exposes for sale, serves, distributes or delivers the same shall be prima facie evidence of
having in possession with intent to sell, except, that this section or any of the penalties
set forth in this title or other such statute shall not apply to any common carrier when said
article, substance, material or product was received by said carrier for transportation in
the ordinary course of business and without actual knowledge of the adulteration, misbranding
or under standard grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
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2-22-9
Section 2-22-9 Inspection fee; monthly statement; collection fee; disposition of fees;
overpayments; examination, review, audit of sales records. (a) There shall be paid to the
commissioner for all commercial fertilizer sold in this state for use therein or sold for
importation into this state for use therein an inspection fee established by the board not
to exceed seventy-five cents ($.75) per ton; provided, that sales to manufacturers or exchanges
between them are hereby exempted. Fees so collected, including permit fees and license fees
levied under Sections 2-22-4 and 2-22-5, shall be deposited to the credit of the Agricultural
Fund of the State Treasury for the regulatory duties of the Department of Agriculture and
Industries. (b) Every person who sells commercial fertilizer in or for importation into this
state for use therein, who is licensed under Section 2-22-5 or where such person is
required to procure such a license shall file with the commissioner on forms furnished by
the...
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