Code of Alabama

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8-15-3
Section 8-15-3 Permit - Required; application; fees. (a) The judge of probate of the
county may not issue a license permitting anyone to transact business as a public warehouseman
unless the person presents to the judge of probate a permit to transact such business issued
by the Commissioner of Agriculture and Industries showing that he or she has complied with
all the provisions of the law and rules and regulations promulgated by the State Board of
Agriculture and Industries relative to public warehouses. (b) Any person desiring to operate
a public warehouse shall file with the Commissioner of Agriculture and Industries, upon forms
prescribed by the commissioner, a written application, verified by affidavit, which shall
set forth the location and the name of such warehouse and the name of such person interested
as owner or principal in the management of the same or, if it is managed or controlled by
a corporation, the names of the president, secretary, and treasurer of such...
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8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner
of Agriculture and Industries shall promptly notify any person applying for a permit to operate
a public warehouse whether or not such application has been granted. (b) In the event the
Commissioner of Agriculture and Industries refuses to grant such permit, the applicant may
give written notice, by filing the same with the chief clerk of the Department of Agriculture
and Industries, that he appeals from the decision of the commissioner to the State Board of
Agriculture and Industries. Such appeal must be heard at the next meeting of the board, at
which time the board shall investigate the facts and hear from both the commissioner or his
duly authorized agent and the applicant and, after due consideration, enter a written finding
determining whether or not such permit should be issued, spreading the same upon the minutes
of the board. (c) From the findings of the State Board of Agriculture and...
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8-15-5
Section 8-15-5 Permit - Investigation of building and applicant. (a) Upon the filing
of an application with the Commissioner of Agriculture and Industries to secure a permit for
the operation of a public warehouse, the commissioner or his duly authorized agent shall make
such investigation as necessary to ascertain whether or not the statements contained in such
application are true and correct, whether or not the building, structure, or protected enclosure
is reasonably suited or adequate for the purpose for which it is intended to be used and whether
or not there has been a compliance with all conditions as required by the law and the rules
and regulations of the State Board of Agriculture and Industries relative to public warehouses.
(b) The Commissioner of Agriculture and Industries may investigate and consider the responsibility,
reliability, and qualifications, as well as the capacity of the person or persons filing with
him an application, for a permit to operate a public...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that
the Commissioner of Agriculture and Industries upon a public hearing finds and determines
that a public warehouse is being operated in violation of law and regulations and in jeopardy
of the public interest, he shall thereupon revoke the permit to operate such public warehouse
and, in his discretion, he may take charge of the operation of such warehouse for the purpose
of liquidating the same under the direction of the circuit court having jurisdiction at the
place of the operation thereof and to operate same under the direction of the court for such
time as may be necessary to protect the public interest or to compel compliance with the laws
and regulations relating to the operation of public warehouses. (b) Upon taking charge thereof,
the Commissioner of Agriculture and Industries shall appoint in writing, under his hand and
official seal, an agent to assist him in the duty of liquidation and...
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8-15-7
Section 8-15-7 Permit - Bond and proof of insurance; prerequisite to issuance of permit;
filing of additional bonds; actions on bond. (a) In the event the Commissioner of Agriculture
and Industries decides that a permit to operate a public warehouse should be issued, he shall
fix the amount of the bond, which shall be furnished by the applicant and approved by the
commissioner prior to the issuance of the permit. In addition to the requirement of bond,
the commissioner may require the applicant, as a prerequisite to the issuance of such bond,
to furnish legal proof of warehouseman's legal liability insurance in effect on the commodities
to be stored in any such public warehouse. (b) Such bond shall be made with some surety company
that has complied with the laws of the State of Alabama and which has a reputation for promptly
settling claims upon their merits and shall be payable to the State of Alabama in such sum
as the Commissioner of Agriculture and Industries may fix, but in no...
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8-17-91
Section 8-17-91 Disposition of funds; overpayments. (a) The proceeds from the permit
fees, inspection fees, and penalties, if any, collected by the Commissioner of Agriculture
and Industries and the Revenue Commissioner pursuant to Section 8-17-87 together with
one-third of the proceeds of the six cent ($.06) additional motor fuel excise tax levied on
gasoline under subdivision (1) of subsection (a) of Section 40-17-325, shall be paid
into the State Treasury and distributed by the State Treasurer as follows: (1) An amount equal
to five percent or no less than $175,000, whichever is greater, of the combined proceeds received
each month shall accrue to the credit of, and be deposited in, the Agricultural Fund; and
(2) The balance of the proceeds shall be distributed as follows: a. 13.87 percent of the balance
of the proceeds shall be distributed equally among each of the 67 counties of the state monthly.
The county shall deposit the proceeds into the county's special RRR Fund as provided...
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2-25-6
Section 2-25-6 Inspection certificate required for nurserymen and dealers in nursery
stock; fees. (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose
for sale or distribution in this state any nursery stock, he or she shall apply for and obtain
from the commissioner an inspection certificate indicating compliance with the provisions
of this article and the rules and regulations promulgated thereunder. The inspection certificate
shall, among other requirements, be based upon an inspection conducted by the commissioner
of the nursery stock and the area where it is kept, stored or grown. The inspection certificate
issued by the commissioner shall expire on September 30 and shall be renewable on or before
October 1 for the succeeding fiscal year. (2) Where nursery stock is grown at more than one
location by one nurseryman, fees shall be based upon the previous year's volume of sales,
and established by rule of the Board of Agriculture and Industries, and the...
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2-27-2
Section 2-27-2 Definitions. For the purposes of this article, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying,
repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other
forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or
in living man or other animals, which the commissioner shall declare to be a pest; and b.
Any substance or mixture of substances intended for use as a plant regulator, defoliant or
desiccant. (2) INSECTICIDE. Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any fungi, except those living on or in man or other...
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2-16-3
Section 2-16-3 Permit required; refusal or revocation of permit; appeal and review.
(a) No person, firm or corporation shall operate a public hatchery, and no chick dealer or
jobber shall operate within this state without first obtaining an annual permit from the state
Commissioner of Agriculture and Industries to so operate. The fee to be paid for such annual
permit shall be established by the Board of Agriculture and Industries not to exceed sixty
dollars ($60), which shall be due and payable on January 1 of each year; and, unless such
permit fee is paid within 30 days, a 15 percent delinquent penalty shall be added. All permit
fees, including delinquent penalty fees, shall be paid into the Agricultural Fund of the State
Treasury. The permit may be revoked for a violation of this article or the regulations promulgated
under this article. (b) Any person who is refused a permit or whose permit is revoked may
appeal from the decision of such commissioner to the State Board of...
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8-15-12
Section 8-15-12 Investigation of complaints against warehouse. Upon the filing of a
complaint in writing by any person with the Commissioner of Agriculture and Industries setting
forth a violation of the laws or rules and regulations relating to the operation of a public
warehouse, setting forth that the warehouse building, structure, or protected enclosure is
not reasonably suitable or adequate for the purpose for which it is used, setting forth facts
showing that there is a shortage of the articles which have been stored in said warehouse,
setting forth any other facts showing that the interests of the persons who have stored, or
who may store, articles in such warehouse are jeopardized or are not properly safeguarded
and protected or where such facts are ascertained by the commissioner by an investigation
upon his own initiative, or otherwise, the commissioner must make an investigation to ascertain
whether or not the facts alleged in the complaint are true or whether or not there...
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