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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-26-6.htm - 1K - Match Info - Similar pages
2-23-3
Section 2-23-3 Permit required for manufacturing or distribution; fees. Every manufacturer
or distributor selling agricultural liming materials in this state shall, on or before October
1 of each year or prior to manufacture or distribution of such liming material in the State
of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished
by the commissioner. Such application shall be accompanied by a permit fee established by
the Board of Agriculture and Industries not to exceed two hundred fifty dollars ($250) and
shall show the brand name under which the liming material will be sold. If more than one type
of agricultural liming material is manufactured or distributed or the product or the brand
name is changed by a manufacturer or distributor, an additional permit fee established by
the Board of Agriculture and Industries not to exceed one hundred twenty-five dollars ($125)
for each additional brand or type of liming material must be paid. All permits...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-23-3.htm - 2K - Match Info - Similar pages
2-1-1
Section 2-1-1 Definitions. When used in this title, the following words and phrases shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
PERSON. An individual, a partnership, a corporation or two or more individuals having a joint
or common interest. (2) SELL or SOLD. The sale, keeping for sale, offer or exposure for sale,
having in possession for sale, delivery or distribution in this state of the product or article
in question. (3) COMMISSIONER. The Commissioner of Agriculture and Industries. (4) COOPERATIVE.
A cooperative marketing association for marketing of farm products. (Ag. Code 1927, §1; Code
1940, T. 2, §1.)...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in possession
of any article, substance, material or product, the sale of which is regulated under the provisions
of this title or any other provision of this Code or other statute which the Commissioner,
Department or Board of Agriculture and Industries is authorized or directed to administer
or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale,
serves, distributes or delivers the same shall be prima facie evidence of having in possession
with intent to sell, except, that this section or any of the penalties set forth in this title
or other such statute shall not apply to any common carrier when said article, substance,
material or product was received by said carrier for transportation in the ordinary course
of business and without actual knowledge of the adulteration, misbranding or under standard
grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-1-3.htm - 1K - Match Info - Similar pages
2-13-87
Section 2-13-87 Issuance and revocation of permit. The commissioner shall issue to each person,
firm or corporation who holds a permit issued under the authority of Section 2-13-82 or Section
2-13-83 a permit for a semiannual period, as authorized by this article upon the application
of such person, firm or corporation. The commissioner shall have no authority to revoke a
permit so issued to any such person, firm or corporation until an inspection of the premises
has been made by the commissioner or by an employee of the Department of Agriculture and Industries.
Revocation must be in writing, and no permit shall be revoked except for violations of rules
and regulations promulgated under the provisions of this article. Any revocation of a permit
shall not become effective until three days after the order of revocation has been delivered
to the permit holder. Delivery of the notice may be made by registered or certified mail.
(Acts 1955, No. 570, p. 1239, §7A.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-13-87.htm - 1K - Match Info - Similar pages
2-27-9
and its labeling and other material required to be submitted comply with the requirements of
Section 2-27-14, he or she shall register the article. (c) If it is determined as provided
under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions
for use, warnings and cautions contained in its registered labeling, may not, without additional
restrictions, be applied for its intended use without substantial adverse effects on the environment,
including injury to the applicator, such a pesticide shall be designated as a restricted-use
pesticide. (d) If it does not appear to the commissioner that the article is such as to warrant
the proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this article, he or she shall notify
the applicant of the manner in which the article, labeling, or other material required to
be submitted fail to comply with the article so as to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-9.htm - 10K - Match Info - Similar pages
2-11-31
Section 2-11-31 Definitions. For the purposes of this article, the following terms shall have
the following meanings, respectively, unless the context otherwise requires: (1) CAPABLE OF
USE AS HUMAN FOOD. Such term shall apply to any catfish or part or product thereof, unless
it is denatured or otherwise identified as required by regulations prescribed by the commissioner
to deter its use as human food or unless it is naturally inedible by humans. (2) CATFISH.
Any species of the scientific order Siluriformes or family Anarhichadidae. (3) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama. (4) DIRECT RETAIL
SALE. The sale of catfish products individually or in small quantities directly to the consumer.
(5) DISTRIBUTOR. Any person offering for sale, exchange or barter any catfish product destined
for direct retail sale in the State of Alabama. (6) LABEL. A display of written, printed or
graphic matter upon or affixed to the container in which a catfish...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-11-31.htm - 3K - Match Info - Similar pages
2-23-5
Section 2-23-5 Inspection fee; tonnage report. (a) Each manufacturer or distributor of agricultural
liming materials shall report monthly to the commissioner, at the end of each month, on forms
provided by the commissioner, his or her gross sales in tons of such materials sold in the
State of Alabama for that month accompanied by a per ton inspection fee based on tons sold
during such month. The exact amount of the per ton inspection fee shall be established by
the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton. In
the case of a distributor's being the agent for a manufacturer at one or more locations, it
is the intent of this law that such sales be reported only once and that the fee assessed
therewith be paid only once on the same brand or type of agricultural liming material or product.
The monthly sales report of tonnage and the inspection fee due thereon shall be due and payable
to the commissioner on or before the twentieth day of each month,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-23-5.htm - 3K - Match Info - Similar pages
2-27-10
or other users of restricted-use pesticides shall be subject to licensing requirements of this
section except as exempt under Section 2-27-5. The Commissioner of Agriculture and Industries,
with approval of the board, may promulgate rules and regulations for the purpose of determining
whether dealers who apply for a license as required in this section are qualified and equipped
to safely handle, keep, store, deliver, transport, and sell or offer for sale restricted-use
pesticides, to the end that such pesticides will be sold, stored, and otherwise handled by
such dealers in a manner that will not endanger or be hazardous or cause injury or
damage to human health, nontarget animals, wildlife, crops, water, or be detrimental to the
general environment. Any person denied a license as required in this section shall be entitled
to the review, hearing, and appeal rights provided under subsection (d) of Section 2-27-9.
(Acts 1971, No. 1949, p. 3151, §5; Act 2004-516, p. 996, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-10.htm - 3K - Match Info - Similar pages
20-1-20
Section 20-1-20 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive
sense and has reference to the food product or the drug product in question. (2) BABY FOOD.
A food which purports to be or is represented for special dietary use as a food for babies
by reason of its special formulation or its particular suitability for children under two
years of age. (3) BOARD. The State Board of Agriculture and Industries. (4) CLASS A FOODS.
Baby food, infant formula, and potentially hazardous food. (5) COMMISSIONER. The Commissioner
of Agriculture and Industries. (6) DEALER. A manufacturer, wholesaler, retailer, jobber, and
similar establishments, mobile or permanent, engaged in the sale of food for consumption on
premises. (7) DEPARTMENT. The Department of Agriculture and Industries. (8)...
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