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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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20-1-32
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be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date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sale or the offer for sale of food products that have become out-of-date,...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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40-17-185
Section 40-17-185 Restraint of violators. Any distributor, manufacturer, storer, or retail
dealer who shall violate any of the provisions of this article may be restrained and the proper
prosecution instituted in the name of the State of Alabama by its Attorney General or under
his direction by any district attorney from distributing, selling, or withdrawing from storage
any oils, greases, or their substitutes as defined in this article, the sale or withdrawal
of which is taxable under this article, until such person shall have complied with the provisions
of this article. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §644.)...
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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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9-12-54
Section 9-12-54 Payment of taxes. All taxes mentioned in this article shall be paid by the
persons, firms or corporations, commonly known as dealers, factories or shippers, first marketing
the oysters, shrimp, terrapins, turtles or other seafood products, and any person who has
purchased same from a dealer, factory, shipper or any other person who has paid the tax thereon
shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division
of the Department of Conservation and Natural Resources or any other officers of the Department
of Conservation and Natural Resources charged with enforcing the provisions of this article.
Unless otherwise provided by law, all taxes, licenses and fines collected under this article
shall be forwarded on the first of the following month to the Treasurer to be placed to the
credit of the Seafoods Fund. (Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931,
No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)...
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20-1-20
Section 20-1-20 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive
sense and has reference to the food product or the drug product in question. (2) BABY FOOD.
A food which purports to be or is represented for special dietary use as a food for babies
by reason of its special formulation or its particular suitability for children under two
years of age. (3) BOARD. The State Board of Agriculture and Industries. (4) CLASS A FOODS.
Baby food, infant formula, and potentially hazardous food. (5) COMMISSIONER. The Commissioner
of Agriculture and Industries. (6) DEALER. A manufacturer, wholesaler, retailer, jobber, and
similar establishments, mobile or permanent, engaged in the sale of food for consumption on
premises. (7) DEPARTMENT. The Department of Agriculture and Industries. (8)...
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8-17-271
Section 8-17-271 Definitions. As used in this article, the following terms shall have the following
meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix
stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco
wrapped in paper or in any substance not containing tobacco. b. Any roll of tobacco wrapped
in any substance containing tobacco which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in paragraph a. (3) MANUFACTURER. Any of the following:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to
be manufactured or produced anywhere that the manufacturer intends to be sold in this state,
including cigarettes intended to be sold in the United States through an importer. b. Any
entity that becomes a successor of an entity described in paragraph a....
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45-6-242
Section 45-6-242 Levy of taxes; exemptions; payment of taxes; reports by taxpayers; applicability
of state sales tax statutes; disposition of funds. (a) The following words, terms, and phrases
where used in this section shall have the following respective meanings except where the context
clearly indicates a different meaning: (1) "County" means Bullock County in the
State of Alabama. (2) "Commissioner" means the Commissioner of Revenue of the state.
(3) "State Department of Revenue" means the Department of Revenue of the state.
(4) "State" means the State of Alabama. (5) "State sales tax statutes"
means Division 1 of Article 1 of Chapter 23 of Title 40, as amended, including all other statutes
of the state which expressly set forth any exemptions from the computation of the taxes levied
in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration
of Division 1 and the incidence and collection of the taxes imposed therein. (6) "State
sales...
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