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8-16-97
Section 8-16-97 Milk and cream bottles and containers - Duties of sealers. Local sealers of
weights and measures are not required to seal bottles or containers for milk or cream marked
as provided in this article; but they shall have the power to, and shall from time to time,
make tests on individual bottles or containers in order to ascertain if the provisions of
this article are being complied with, and they shall immediately report violations found to
the Commissioner of Agriculture and Industries. (Ag. Code 1927, §250; Code 1940, T. 2, §608.)...
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8-12-22
Section 8-12-22 Use, furnishing, trafficking, or possession of containers without consent presumptive
evidence of unlawful use or purchase. The use by any person or corporation, other than the
person or corporation whose name, mark, or device may be, or may have been, upon the same,
without the written consent of, or purchase from, the owner of any bottle, box, siphon, fountain,
or keg, a description of the name, mark, or device whereon shall have been filed and published
as provided in Section 8-12-20, for the sale of soda water, mineral, or aerated water, ginger
ale, milk, cream, beer, ale, or other beverages, any article of merchandise, medicines, compounds,
or preparations, or for the furnishing of such similar beverages to customers or the buying,
selling, using, disposing of, or trafficking in any such bottles, boxes, siphons, fountains,
or kegs by any person or corporation other than the person or corporation owning the name,
mark, or device thereon of such owner, without his...
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8-16-96
Section 8-16-96 Milk and cream bottles and containers - Penalty for selling or using noncomplying
containers. (a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles
or containers to be used in the state that do not comply as to size and marking with the provisions
of this article shall suffer a penalty of $500, to be recovered by the Attorney General in
an action against the offender's bondsman, to be brought in the name of the state in the Circuit
Court of Montgomery County, Alabama. (b) Any dealer who offers for sale, or who uses for the
purpose of selling, milk or cream jars, bottles or containers that do not comply with the
requirements of this article as to markings and capacity shall be guilty of offering for sale
or using a false or insufficient measure. (Ag. Code 1927, §249; Acts 1935, No. 13, p. 12;
Code 1940, T. 2, §607.)...
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8-16-95
Section 8-16-95 Milk and cream bottles and containers - Capacities; markings; bond required
of manufacturers. (a) Bottles or other containers used for the sale of milk or cream shall
be of the capacity of one gallon, three quarts, one-half gallon, one quart, one-third quart,
one pint, one-half pint, and one gill. (b) Each bottle or other container used for the sale
of milk or cream shall be clearly and permanently marked with its capacity and with the word
"sealed." For purposes of identification, such bottles and other containers shall
also have clearly and permanently marked thereon the name, initials or trademark of the manufacturer
and the manufacturer's mold designation which identifies the pattern or design of the bottles.
The capacity designation and the word "sealed" shall be clearly and permanently
marked on the side of the bottle or container. (c) A bond of $1,000, with surety to be approved
by the Commissioner of Agriculture and Industries, together with a complete...
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8-12-23
Section 8-12-23 Issuance of search warrant for containers unlawfully used or held. Whenever
any person, corporation, or their agent shall make oath before any judge that he has reason
to believe, and does believe, that any of his bottles, boxes, siphons, fountains, or kegs,
a description of the name, marks, or devices whereon has been filed and published as provided
in Section 8-12-20, are being unlawfully used, filled, or had by any person or corporation
manufacturing or selling soda, mineral, or aerated waters, cider, ginger ale, milk, cream,
beer, ale, or other beverages, or that any junk dealer, dealer in secondhand articles, vendor
of bottles, or any person or corporation has any such bottles, boxes, siphons, fountains,
or kegs in his possession or secreted in any place, such judge must issue a search warrant
to discover and seize such property, whereupon such proceedings must be had as in other cases
in which search warrants have issued. (Code 1896, §5570; Code 1907, §7321;...
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8-12-40
Section 8-12-40 Purchase, sale, etc., of container upon which name appears. It shall be unlawful
for any person, firm, or corporation, other than the owner thereof, to purchase, offer to
purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container
upon which or in which, appears in permanent form, the name, trade name, or trademark of the
owner thereof, in which milk or milk products are sold and delivered with the understanding
at the time of such sale and delivery of the contents thereof that such bottle, can, crate,
or container is the property of the person, firm, or corporation whose name, trade name, or
trademark is designated in permanent form thereon or therein; provided, that this section
shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor
shall it apply to purchasers at execution sales or other judicial sales; provided further,
that any person, firm, or corporation who may sell or otherwise dispose of...
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2-13-9
Section 2-13-9 License for operation of testing apparatus. It shall be unlawful for any person
to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk
or cream for the purpose of purchasing the same, either for himself or another, without first
securing a license from the commissioner, who shall issue such license upon a form prepared
by him, upon payment of a fee of $1.00, which license shall be valid, unless sooner revoked,
until the next succeeding January 1. The applicant for such license shall pass a satisfactory
personal examination that shall satisfy said commissioner that he is competent and qualified
to operate and use such apparatus and make an accurate test with the same. The license may
be revoked by the commissioner when it shall be shown that such licensed person is incompetent
or unreliable. Any person making application for a tester's license may be issued a permit
by the commissioner to do testing until such time as a personal...
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2-13-2
Section 2-13-2 Purpose of article; power of board. The purpose of the provisions of this article
is to promote the dairying interest of the state, to secure to the public wholesome, clean
and nutritious milk, cream, butter and by-products of the same and to prevent frauds upon
the public in connection therewith. The State Board of Agriculture and Industries shall have
the authority and power and it shall be its duty upon the recommendation of the commissioner
to promulgate such rules and regulations as are necessary to accomplish the declared purpose
of this article and to secure the enforcement of the provisions of this article; provided,
that such rules and regulations shall not invade the domain of the public health laws or ordinances
nor restrict the powers of the State Board of Health nor the local boards of health. (Ag.
Code 1927, §48; Code 1940, T. 2, §186.)...
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40-12-65
Section 40-12-65 Bottlers. Each person engaged in manufacturing, producing, or bottling in
bottles or other containers, soda water, carbonated drinks, fruit juices or imitations thereof,
flavored milk, and any preparations known as soft drinks shall not use any machine, machines,
or apparatus for the filling or bottling of the same until such person shall have first applied,
paid for, and obtained from the probate judge a license. The amount of the license tax for
each machine shall be graded or proportioned as follows: On each machine bottling, per minute,
less than 16 bottles, $40 state license tax and $40 county license tax; 16 and less than 30
bottles, $90 state license tax and $90 county license tax; 30 and less than 40 bottles, $140
state license tax and $140 county license tax; 40 and less than 60 bottles, $200 state license
tax and $200 county license tax; and 60 and less than 75 bottles, $300 state license tax and
$300 county license tax; 75 and less than 100 bottles, $325...
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40-25-2
Section 40-25-2 Who is liable for tax; amount; local tax or fee. (a) In addition to all other
taxes of every kind now imposed by law, every person, firm, corporation, club, or association,
within the State of Alabama, who sells or stores or receives for the purpose of distribution
to any person, firm, corporation, club, or association within the State of Alabama, cigars,
cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff, or any substitute
therefor, either or all, shall pay to the State of Alabama for state purposes only a license
or privilege tax which shall be measured by and graduated in accordance with the volume of
sales of such person, firm, corporation, club, or association in Alabama. There is hereby
levied license or privilege taxes on articles containing tobacco enumerated in this article
in the following amounts: (1) LITTLE CIGARS. Upon cigars of all descriptions, including filtered
cigars, made of tobacco, or any substitute therefor, and weighing not...
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