Code of Alabama

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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
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8-32-2
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the
administration of service contracts or the service contracts plan or to make the filings required
by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this state. (3) CONSUMER.
A natural person who buys, primarily for personal, family, or household purposes, and
not for resale, any tangible personal property normally used for personal, family,
or household purposes and not for commercial or research purposes. (4) MAINTENANCE AGREEMENT.
A contract of limited duration that provides for scheduled maintenance only. (5) MANUFACTURER.
A person that is one of the following: a. A manufacturer or producer of property that sells
the property under its own name or label. b. A subsidiary of the person who manufactures or
produces the property. c. A corporation which owns at least 80 percent of the...
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13A-12-3.1
variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring
used, size of cigarette, filtration on the cigarette, or packaging. (4) CLEAR AND CONSPICUOUS
STATEMENT. A statement that is of sufficient type size to be clearly readable by the recipient
of the communication. (5) COMMISSIONER. The Commissioner of the Alabama Department of Revenue.
(6) CONSUMER. An individual who acquires or seeks to acquire cigarettes, or any one or more
articles taxed herein, for personal use. (7) DELIVERY SALE. Any sale of cigarettes
to a consumer within this state, regardless of whether the seller is located in this state,
where either of the following is true: a. The purchaser submits the order for such sale by
means of a telephonic or other method of voice transmission, the mails or any other delivery
service, facsimile transmission, or the Internet or other online service. b. The cigarettes
are delivered by use of the mails or other delivery service. (8) DELIVERY SALE...
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20-2-2
Section 20-2-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner
or, in his or her presence, his or her authorized agent. b. The patient or research subject
at the direction and in the presence of the practitioner. (2) AGENT. An authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The
term does not include a common or contract carrier, public warehouseman, or employee of the
carrier or warehouseman. (3) CERTIFYING BOARDS. The State Board of Medical Examiners, the
State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the
State Board of Podiatry, and the State Board of Veterinary Medical...
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22-27-70
Section 22-27-70 Definitions. When used herein the following words and terms shall have meaning
ascribed below unless the context clearly indicates otherwise. (1) COMMERCIAL ESTABLISHMENT.
Any food service establishment, retail food store, public or private school, food processing
establishment, or other establishment where food is sold or offered for sale; or any establishment
that slaughters, fabricates, bones, or processes animals, poultry, or fish, whether or not
required by law to be licensed or permitted by an agency of the State of Alabama. (2) DISPOSE.
To discard or carry away, whether personally or by and through a contractor, and whether for
the purposes of recycling, reuse, or reprocessing or for ultimate elimination. (3) INEDIBLE
ANIMAL BY-PRODUCT. Any bone, fat, offal, carcass, blood, skin, hide, tallow, lard, feather,
horn, hoof, or any other solid by-product derived from any animal, poultry, or fish, as part
of the operation of a commercial establishment; but not to...
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40-17-329
Section 40-17-329 Exemptions. (a) Unless otherwise provided for in this subsection, sales of
motor fuel to the following are exempt from the tax levied by subsection (a) of Section 40-17-325
and shall not be paid at the rack: (1) All motor fuel exported from this state for which proof
of export is available in the form of a terminal issued destination state shipping document
that is a. exported by a supplier who is licensed in the destination state or b. is sold by
a supplier to a licensed exporter for immediate export to a state for which the applicable
destination state motor fuel excise tax has been collected by the supplier who is licensed
to remit the tax to the destination state. If the motor fuel is exempt from the excise tax
due to the product being exported from this state, then the motor fuel exported from this
state shall also be exempt from the inspection fee imposed under Section 8-17-87. This exemption
shall not apply to any motor fuel which is transported and delivered...
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8-22-8
Section 8-22-8 Certain sales and transfer price differentials authorized. (a) It is not a violation
of this chapter if a difference exists between the transfer price or sales price of motor
fuel of like grade and quality and the price charged to a person who purchases for resale
at the same level of distribution, including any discounts, rebates, allowances, services,
facilities granted any of a supplier's own marketing operations in excess of those provided
to a person who purchases for resale at the same level of distribution, if the lower price
is due to a cost differential incurred because of a difference in shipping method, transportation,
marketing, sale or quantity, in which such motor fuel is sold. (b) It is not a violation of
this chapter if any price is established in good faith to meet an equally low price of a competitor
in the same market area on the same level of distribution selling the same or a similar product
of like grade and quality or is exempt under Section...
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16-65-6
Section 16-65-6 Bonds generally. (a) Issuance of bonds. The authority is authorized and empowered
to issue its bonds from time to time for the purpose of making equipment loans to finance
equipment costs incurred or to be incurred by educational institutions. Such bonds may be
in such aggregate principal amount as the board of directors shall determine to be necessary
to pay the equipment costs included in such financing. The authority may pay from the proceeds
of the sale of its bonds all expenses, including publication and printing charges, attorneys'
fees, financial advisory fees, and other expenses which the board of directors may deem necessary
or advantageous in connection with the authorization, advertisement, sale, execution, and
issuance of its bonds or the making of equipment loans from the proceeds thereof. (b) Source
of payment. All bonds issued by the authority shall be limited obligations of the authority
payable solely from any combination of the following: (1) The...
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2-27-9
and its labeling and other material required to be submitted comply with the requirements of
Section 2-27-14, he or she shall register the article. (c) If it is determined as provided
under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions
for use, warnings and cautions contained in its registered labeling, may not, without additional
restrictions, be applied for its intended use without substantial adverse effects on the environment,
including injury to the applicator, such a pesticide shall be designated as a restricted-use
pesticide. (d) If it does not appear to the commissioner that the article is such as to warrant
the proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this article, he or she shall notify
the applicant of the manner in which the article, labeling, or other material required to
be submitted fail to comply with the article so as to...
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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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