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6-5-733
Section 6-5-733 Claims arising from weight gain, obesity, associated health conditions,
or long-term consumption of food - Permitted civil actions. Section 6-5-732 shall not
preclude a civil action in which the claim of weight gain, obesity, health condition associated
with weight gain or obesity, or other generally known condition allegedly caused by or allegedly
likely to result from long-term consumption of food (1) includes as an element of the cause
of action a material violation of an adulteration or misbranding requirement prescribed by
statute or rule of this state or the United States of America, and the claimed injury was
proximately caused by such violation; or (2) is based on any other material violation of federal
or state law applicable to the manufacturing, marketing, distribution, advertising, labeling,
or sale of food, provided that such violation is knowing and willful, and the claimed injury
was proximately caused by such violation. (Act 2012-556, p. 1636, §4.)...
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6-5-732
Section 6-5-732 Claims arising from weight gain, obesity, associated health conditions,
or long-term consumption of food - Exemptions from civil actions. Except as exempted in Section
6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser
of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. §321(f), or an association of one or more such entities, shall not be subject to
any civil action for any claim arising out of weight gain, obesity, a health condition associated
with weight gain or obesity, or other generally known condition allegedly caused by or allegedly
likely to result from long-term consumption of food. (Act 2012-556, p. 1636, §3.)...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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6-5-731
Section 6-5-731 Definitions. For purposes of this article, the following words have
the following meanings: (1) CLAIM. Any claim by or on behalf of a natural person, as well
as any derivative or other claim arising therefrom asserted by or on behalf of any other person.
(2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM
CONSUMPTION. A condition generally known to result or to likely result from the cumulative
effect of consumption, and not from a single instance of consumption. (3) KNOWING AND WILLFUL.
Conduct in violation of federal or state law which meets both of the following criteria: a.
The conduct constituting the violation was committed with the intent to deceive or injure
consumers or with actual knowledge that such conduct was injurious to consumers. b. The conduct
constituting the violation was not required by regulations, orders, rules, or other pronouncement
of, or any statute administered by, a federal, state, or local...
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20-1-6
Section 20-1-6 Nonliability of good faith donors and distributors of canned or perishable
food. (a) When used in this section, the words and terms defined in this subsection
shall have the meanings herein ascribed to them, unless it clearly appears from the context
that some other meaning is indicated: (1) CANNED FOOD. Any food commercially processed and
prepared for human consumption; (2) PERISHABLE FOOD. Any food which may spoil or otherwise
become unfit for human consumption because of its nature, type, or physical condition. This
term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products,
bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been
packaged, refrigerated, or frozen. (b) All laws to the contrary notwithstanding, a good faith
donor of canned or perishable food, which is apparently fit for human consumption at the time
it is donated, to a bona fide charitable or nonprofit organization for free...
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16-2-9
Section 16-2-9 Donation of surplus, non-expired food to charitable organizations for
redistribution to needy students. (a) For purposes of this section, the following terms
have the following meanings: (1) CHARITABLE ORGANIZATION. Any food bank or charitable organization
as defined in the federal Richard B. Russell National School Lunch Act. (2) DEPARTMENT. The
State Department of Education. (3) FOOD. Any raw, cooked, processed, or prepared edible substance,
ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(4) SCHOOL. A public elementary school, middle school, or high school. (b) A local board of
education may allow any school under its jurisdiction to donate surplus, non-expired food
to a charitable organization through an official of the charitable organization who is directly
affiliated with the school, including a teacher, counselor, support staff, or any employee
of the school, or a parent of a student enrolled at the school. The...
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2-21-17
Section 2-21-17 Definitions. When used in this chapter or in rules and regulations promulgated
thereunder, the following words and terms shall have the meaning ascribed to them, except
where the context clearly indicates otherwise: (1) BRAND NAME. Any word, name, symbol or device,
or any combination thereof, identifying the commercial feed of a distributor or licensee and
distinguishing it from that of others. (2) COMMERCIAL FEED. Such term includes customer-formula
feed, as this term is used in this chapter, and means any material whether simple, mixed compound,
ground, unground, organic or inorganic, used as a feed for animals other than man or any material
including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and
other substances, materials or elements, or parts thereof intended for use or used as an ingredient
or component of a mixture of materials, used as a feed for animals other than man; provided,
that the commissioner, with approval of the board...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this
part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED
PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if
any, which has been left abandoned and unprotected from the elements and shall include wrecked,
inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators,
washing machines, plumbing fixtures, and other similar articles which have no value other
than nominal salvage value, if any; and is in a condition violative of Alabama statutes. (2)
ADMINISTRATIVE DEPARTMENT. The department charged by the Mobile County Commission with the
administrative management of this part. (3) COMMISSION. The Mobile County Commission of Mobile
County, Alabama. (4) BULKY WASTE. Items whose large size precludes or complicates their handling
by normal collection, processing, or disposal methods. (5) BUNDLE. A...
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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...
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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and
terms shall have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship,
firm, enterprise, franchise, association, organization, self-employed individual, or any other
legal entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the
person or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written
allegation or allegations that a violation of this chapter has occurred. (6) COMPLAINANT.
A person who alleges a violation or violations of this chapter by filing a complaint against
a respondent. (7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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