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8-16-10
Section 8-16-10 Seizure for evidence of incorrect, false, or unsealed weight, measure, device,
package, or commodity. The Commissioner of Agriculture and Industries or any local sealer
of weights and measures is authorized and empowered to seize for use as evidence, without
formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring
device, package, or amount of commodity found to be used, retained, or offered or exposed
for sale, or sold in violation of the law. (Ag. Code 1927, §239; Code 1940, T. 2, §598.)...
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8-16-12
Section 8-16-12 Possession of altered, etc., weight, measure or device prima facie evidence
of guilt. In all prosecutions for the violation of any laws relating to weights and measures,
the possession of a weight, measure or weighing or measuring device which has been altered,
changed or in any manner tampered with so that the same shall give a false or wrong weight
or measure in either buying or selling any commodity, thing or service shall be prima facie
evidence of the guilt of the person having the same in possession. (Ag. Code 1927, §244;
Code 1940, T. 2, §602.)...
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2-17-1
Section 2-17-1 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized
representative. (2) FIRM. Any partnership, association or other unincorporated business organization.
(3) MEAT BROKER. Any person, firm or corporation engaged in the business of buying or selling
carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats,
horses, mules or other equines or poultry on commission or otherwise negotiating purchases
or sales of such articles other than for his own account or as an employee of another person,
firm or corporation. (4) POULTRY. Any live or slaughtered domesticated bird. (5) RENDERER.
Any person, firm or corporation engaged in the business of rendering carcasses or parts or
products of the carcasses of cattle, sheep, swine, goats,...
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8-16-106
Section 8-16-106 Requesting false or incorrect weighing or certificate; unauthorized issuance
of certificate. Any person, firm or corporation who shall request a weighmaster to weigh any
product, commodity or article falsely or incorrectly or who shall request a false or incorrect
certificate of weight or measure and any person issuing a certificate of weights and measures
who is not a weighmaster as provided for in this chapter shall be guilty of a misdemeanor.
(Ag. Code 1927, §272; Code 1940, T. 2, §628.)...
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8-16-90
Section 8-16-90 Prohibited acts generally. Any person who, by himself or his servant or agent,
or as the servant or agent of another person, shall offer or expose for sale, sell, use in
the buying or selling of any commodity or thing or for hire or reward or in the computation
of any charge for services rendered on the basis of weight or measure when a charge is made
for such determination, retain in his possession a false weight or measure or weighing or
measuring device or any tool or appliance used in connection therewith which has not been
sealed by the Commissioner of Agriculture and Industries or by a local sealer of weights and
measures within one year, shall dispose of any condemned weight, measure or weighing or measuring
device contrary to law, remove any tag placed thereon by the commissioner or a local sealer,
who shall sell or offer or expose for sale less than the quantity he represents of any commodity,
thing or service, shall take or attempt to take more than the...
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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive
business practices if in the course of engaging in a business, occupation, or profession,
he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale,
or delivers, less than the represented quantity of any commodity or service; or (3) Takes
or attempts to take more than the represented quantity of any commodity or service when as
buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated
commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall
be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) "Adulterated" means varying from the standard of composition...
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8-16-15
Section 8-16-15 Rules and regulations; fees. (a) The Board of Agriculture and Industries shall
have the right and power to adopt and promulgate all reasonable and necessary rules and regulations
for the better enforcement of the provisions of law relative to weights and measures and the
sale of commodities, things, or service by weight or measure, and to establish a fee payable
annually by all individuals or entities subject to this section not to exceed one hundred
fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section
which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection
fee for those individuals and entities utilizing measuring devices measuring 30 pounds or
less shall be based upon a sliding scale broken into 5 categories based upon the total dollar
volume of each individual or entity with the minimum rate not to exceed twenty-five dollars
($25) and the maximum not to exceed one hundred fifty dollars...
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20-1-25
Section 20-1-25 When articles deemed misbranded generally - Food. An article of food shall
be deemed misbranded in the following cases: (1) If it is offered for sale under the name
of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser,
or purports to be a foreign product when not so or if the contents of the package as originally
put up shall have been removed in whole or in part and other contents shall have been placed
in such package; (3) If, in package form, the name of the article together with the quantity
of the contents in terms of weight, measure, or numerical count and the name and principal
address of the manufacturer or other person responsible for placing the article on the market
are not plainly and conspicuously marked on the outside of the package; (4) If, in package
form, the package is not filled with the food it purports to contain within the limits of
tolerance fixed by the State Board of Agriculture and Industries,...
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2-27-14
Section 2-27-14 Prohibited acts. (a) It shall be unlawful for any person to distribute, sell,
offer for sale or keep for sale within the state or deliver for transportation or transport
in intrastate commerce or between points within this state through any point outside this
state any of the following: (1) Any pesticide or device which has not been registered pursuant
to the provisions of Section 2-27-9, or any pesticide if any of the claims made for it or
any of the directions for its use differ in substance from the representations made in connection
with the registration or if the composition of a pesticide differs from its composition as
represented in connection with its registration; provided, that in the discretion of the commissioner,
a change in the labeling of a pesticide may be made within a registration period without requiring
reregistration of the pesticide. (2) Any pesticide or device, unless it is in the registrant's
or the manufacturer's unbroken immediate container...
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8-16-59
Section 8-16-59 False certificates. Any weighmaster who shall issue a certificate of weights
and measures giving a false weight or measure of any article or commodity weighed or measured
by him or his representative to any person shall be guilty of a misdemeanor. In addition thereto,
he shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall
be turned over to the Commissioner of Agriculture and Industries. (Ag. Code 1927, §271; Code
1940, T. 2, §627.)...
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