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20-1-54
Section 20-1-54 Effect of possession by manufacturer, etc., of adulterated or misbranded cosmetics.
The having in possession of an adulterated or misbranded cosmetic shall be prima facie evidence
of having it in possession with the intent to sell it in violation of this division; provided,
that a manufacturer, wholesaler, or jobber may keep such products set apart in his stock for
sale in other states if he properly identifies them, although the possession of such products
might otherwise be in violation of this division. (Acts 1947, No. 134, p. 42, §6.)...
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20-1-31
Section 20-1-31 Possession, transportation, etc., of items in violation of division, chapter.
(a) The having in possession by any person, firm, or corporation who manufactures or exposes
for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within
the meaning of this division shall be prima facie evidence of having in possession with intent
to sell in violation of its provisions; except, that any manufacturer, wholesaler, or jobber
may keep properly identified goods which might otherwise be in violation of the provisions
of this division specially set apart in his stock for sale in other states. Out-of-date foods
shall be stored in an area such that out-of-date Class A foods are not offered for sale to
the public and shall be clearly marked "Not to be sold." If not so identified and
segregated, there shall be a rebuttable presumption that the food is in possession with intent
to sell in violation of the provisions of this chapter. (b) No provision of this...
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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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20-1-55
Section 20-1-55 Exemption from prosecution of dealers. No dealer shall be prosecuted under
this division when he can establish a bona fide guarantee, signed by a reputable wholesaler,
jobber, or manufacturer from whom he purchased the article that the article is not adulterated
or misbranded within the meaning of this division (designating it) and that he had no knowledge
of such adulteration or misbranding at the time the article was purchased. A guarantee given
pursuant to this section must contain the name and address of the vendor from whom the article
was purchased, who shall be amendable to the prosecutions, fines, and other penalties to which
the purchaser would otherwise be liable. (Acts 1947, No. 134, p. 42, §7.)...
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20-1-21
Section 20-1-21 Purpose of division; standards; construction of chapter. (a) The purpose of
this division is to prevent the manufacture, possession, sale, or delivery of out-of-date
Class A foods and adulterated or misbranded food and drugs. (b) The State Board of Agriculture
and Industries shall have the power and authority and it shall be its duty to fix the standards
of purity for all food and drug products which shall be, so far as practical, in accordance
with the standards promulgated by the federal government through its duly authorized agents.
(c) The provisions of this chapter regarding the sale of any article shall be considered to
include the manufacture, production, packaging, offer, offer for transportation, transportation,
exposure, possession, and holding of any such article and the supplying or applying of any
such article in the conduct of any food establishment. (Ag. Code 1927, §36; Code 1940, T.
2, §303; Act 2000-320, p. 505, §1.)...
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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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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-1.htm - 12K - Match Info - Similar pages
2-17-18
Section 2-17-18 Detention of carcasses, meat food products, poultry food products, etc., believed
to be adulterated or misbranded, etc.; removal of official marks therefrom prior to release.
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine,
goats, horses, mules or other equines or carcass or part of a carcass of poultry or poultry
food product or any product exempted from the definition of a meat food product or any dead,
dying, disabled or diseased cattle, sheep, swine, goat or equine or poultry is found by any
authorized representative of the commissioner upon any premises where it is held for purposes
of or during or after distribution in intrastate commerce and there is reason to believe that
any such article is adulterated or misbranded and is capable of use as human food or that
it has not been inspected, in violation of the provisions of this chapter or of the federal
Meat Inspection Act or the federal Food, Drug and Cosmetic Act or that...
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2-17-22
Section 2-17-22 Promulgation of regulations as to storage and handling of carcasses, meats,
etc. The commissioner may by regulations prescribe conditions under which carcasses, parts
of carcasses, meat and meat food products and poultry and poultry food products capable of
use as human food shall be stored or otherwise handled by any person, firm or corporation
engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate
commerce such articles whenever the commissioner deems such action necessary to assure that
such articles will not be adulterated or misbranded when delivered to the consumer, and violation
of any such regulation is prohibited. (Acts 1969, No. 1049, p. 1939, §17.)...
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