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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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6-5-501
Section 6-5-501 Definitions. The following definitions are applicable in this division:
(1) ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal
or business entity, which in the course of business or as an incident to business, sells or
otherwise distributes a manufactured product (a) prior to or (b) at the time the manufactured
product is first put to use by any person or business entity who did not acquire the manufactured
product for either resale or other distribution in its unused condition or for incorporation
as a component part in a manufactured product which is to be sold or otherwise distributed
in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action brought by a natural person
for personal injury, death, or property damage caused by the manufacture, construction, design,
formula, preparation, assembly, installation, testing, warnings, instructions, marketing,
packaging, or labeling of a manufactured product when such action is...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
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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8-20-7.1
Section 8-20-7.1 Compensation of dealers for recall repairs. (a) For the purposes of
this section, the following words have the following meanings: (1) MANUFACTURER. A
manufacturer, distributor or wholesaler, factory branch, or distributor branch. (2) STOP-SALE
ORDER. A notification issued by a manufacturer to its franchised new motor vehicle dealers
stating that certain used vehicles in inventory shall not be sold or leased, at either retail
or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal
emissions recall. (b) A manufacturer shall compensate its new motor vehicle dealers for all
labor and parts required by the manufacturer to perform recall repairs. Compensation for recall
repairs shall be reasonable. If parts or a remedy are not reasonably available to perform
a recall service or repair on a used vehicle held for sale by a dealer authorized to sell
and service new vehicles of the same line-make within 30 days of the manufacturer issuing
the...
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34-23-1
Section 34-23-1 Definitions. For the purpose of this chapter, the following words and
phrases shall have the following meanings: (1) ASSOCIATION. The Alabama Pharmacy Association.
(2) BIOLOGICAL PRODUCT. Has the same meaning as the term as defined in 42 U.S.C. ยง262. (3)
BOARD or STATE BOARD. The Alabama State Board of Pharmacy. (4) CHEMICAL. Any substance of
a medicinal nature, whether simple or compound, obtained through the process of the science
and art of chemistry, whether of organic or inorganic origin. (5) DISPENSE. To sell, distribute,
administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the
ultimate user or his or her agent. (6) DRUGS. All medicinal substances, preparations, and
devices recognized by the United States Pharmacopoeia and National Formulary, or any revision
thereof, and all substances and preparations intended for external and internal use in the
cure, diagnosis, mitigation, treatment, or prevention of disease in man or animal...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product
manufacturer selling cigarettes to consumers within the state, whether directly or through
a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall
do one of the following: (1) Become a participating manufacturer, as that term is defined
in Section II(jj) of the Master Settlement Agreement, and generally perform its financial
obligations under the Master Settlement Agreement. (2) a. Place into a qualified escrow fund,
by April 15 of the year following the year in question, the following amounts, as such amounts
are adjusted for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712
per unit sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through
2006: $.0167539 per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit
sold. b. A tobacco product manufacturer that places funds into escrow pursuant to...
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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales
contract, etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as
provided in subsection (d), notwithstanding any dealer agreement, sales contract, franchise
agreement, or other agreement by and between dealer and supplier except where grounds for
termination or nonrenewal of a dealer's agreement or a change in his or her competitive position
are contained in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier
shall give a dealer at least 90 days' written notice of the supplier's intent to terminate,
cancel, or not renew a dealer agreement or change the dealer's competitive circumstances.
The notice shall state all reasons relied upon by supplier to show good cause for the action
and shall provide the dealer with a reasonable time in which to correct any claimed deficiency
with a minimum of at least six months. Once mutually agreeable steps have been...
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6-5-332.1
Section 6-5-332.1 Immunity of persons assisting or advising as to mitigation of effects
of discharge of hazardous materials; nonimmunity of certain persons. (a) As used in this section,
the following words and terms shall have meanings respectively ascribed to them by this section:
(1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes
all materials and substances which are now or hereafter designated or defined as hazardous
by any state or federal law or by the regulations of any state or federal government agency.
(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other
entity. A qualified individual is one who is trained in the handling of hazardous materials.
(b) Notwithstanding any provision of law to the contrary, no person, including a response
action contractor as defined in Section 22-35-3, who provides assistance or advice
in mitigating or attempting to mitigate the effects of an actual or threatened...
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