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2-26-11
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for
sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed
unless the test to determine the percentage of germination required by Section 2-26-7 shall
have been completed within a nine-month period, exclusive of the calendar month in which the
test was completed, immediately prior to sale or offering for sale, transportation or distribution;
provided, however, that the State Board of Agriculture and Industries shall have authority
under rules and regulations adopted under this article to prescribe a shorter required test
period when deemed necessary to meet seasonal conditions with respect to certain seed; provided
further, that the State Board of Agriculture and Industries shall also have authority pursuant
to rules and regulations to prescribe a longer period of time for the test required to determine
the percentage of germination for agricultural and...
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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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8-16-7
Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within
the state, the county sealer within the county and the city sealer within the city shall have
the power and it shall be their duty to inspect, test, try, and ascertain if they are correct
all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale,
sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption purchased or offered or submitted
for sale, hire, or reward, in computing any charge for services rendered on the basis of weight
or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect
packages or amounts of commodities of whatsoever kind...
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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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13A-12-200.1
Section 13A-12-200.1 Definitions. As used in this division, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ADULT BOOKSTORES and ADULT
VIDEO STORES. A commercial establishment in which is offered for sale or rent any book, video,
film, or other medium which in the aggregate constitute substantially all of its stock or
inventory which depicts sexual conduct as defined herein. (2) ADULT MOVIE HOUSE. A place where
obscene "adult films" depicting sexual conduct are shown. (3) ADULT-ONLY ENTERTAINMENT.
Any commercial establishment or private club where entertainers, employees, dancers, or waiters
appear nude or semi-nude. (4) BREAST NUDITY. The showing of the post-pubertal human female
breasts below a point immediately above the top of the areola. (5) DISPLAY FOR SALE. To expose,
place, exhibit, show, or in any fashion display any material for the purpose of the sale of
such material to any person in a manner that a minor can physically examine...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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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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2-12-2
Section 2-12-2 Sale requirements. It shall be unlawful: (1) For any dealer to offer for sale
or sell any case of eggs or partial case of eggs without clearly imprinting thereon or securely
attaching thereto a label on which there shall be plainly and legibly printed the name and
the address of the packer of said eggs, the grade and weight class to which the eggs contained
therein conform and the date on which the eggs were graded. The label and the printed matter
required to appear thereon shall be of a size to be prescribed by regulations adopted by the
State Board of Agriculture and Industries; (2) For any dealer to offer for sale or sell eggs
in any carton or other type of package without clearly designating thereon the name and address
of the packer of said eggs or person responsible for such packing, the grade and weight class
to which the eggs contained therein conform and the date on which the eggs were graded. Grade
and weight class designations required on cartons or other...
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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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