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2-26-14
Section 2-26-14 Exemptions from article. The provisions of this article do not apply to: (1)
Seed when sold directly to and in the presence of the consumer and taken from the container
properly labeled in accordance with the provisions of this article, but this provision shall
in no way exempt the vendor from the analysis given on the tag or label attached to any container;
(2) Seed or grain not intended for sowing or planting purposes if proper indication of such
intention is shown; (3) Seed in storage in or consigned to a seed-cleaning or processing establishment
for cleaning or processing; provided, that for seed to be processed and stored in the same
room from which seed are delivered for planting, sowing or resale, each bag shall bear a label
or there shall be displayed a large placard with the following words "For Processing
- Not for Sale;" further provided, that seed held in storage for interstate shipment
need be labeled only with a lot number supported by an analysis in...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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2-26-10
Section 2-26-10 Maintenance, inspection, etc., of records as to receipt, sale and delivery
of seeds generally; maintenance of sales records by retail sellers; maintenance of bills of
lading, waybills, etc., by trucks, etc., transporting seed for sale, etc.; auditing of records
of receipts, sales and deliveries of seeds. (a) Records of receipts, sale and delivery of
all seed, other than retail sales and deliveries by a dealer, except as provided in subsection
(b) of this section, shall be kept readily accessible for examination by an authorized agent
of the Department of Agriculture and Industries. These records shall include invoices, bills
of lading or transportation records and a copy of the labeling information, and these records
must show the lot numbers. Such records must be made available to the inspectors within 10
days after receipt of seeds which said records cover. Such records as are surrendered shall
be duplicated and a copy left with the owner or party in question. Records...
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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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40-17-380
Section 40-17-380 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this
article, the following words have the following meanings: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for
use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2
fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but does
not include gasoline or aviation fuel. (3) DYED DIESEL FUEL. Diesel fuel that meets the dyeing
and marking requirements of 26 U.S.C ยง4082. (4) GASOLINE. Any product commonly or commercially
known as gasoline, or any substitute therefor, regardless of classification, that is advertised,
offered for sale, or sold for use as or used as fuel in an internal combustion engine, including
gasohol and blended fuel which contains gasoline. Gasoline...
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2-11-45
Section 2-11-45 Weighing procedures; printed ticket. (a) When making a weight determination
of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the
live haul truck and shall drain any water from the weighing baskets before the catfish are
weighed. No deductions shall be made thereafter for water in the weighing baskets. (b) The
processor shall also use a weighing device that is of a type suitable for the weighing of
farm-raised catfish and subject to the provisions of Article 1, commencing with Section 8-16-1,
of Chapter 16 of Title 8. The weighing device shall electronically print a ticket which provides
an exact duplicate of the weight indicated. A copy of this ticket shall be furnished to the
owner of the catfish. The ticket shall also include, but is not limited to, all of the following:
(1) The name and address of the processor. (2) The name of the owner of the catfish being
weighed. (3) The date the catfish are weighed. (4) The signature of the...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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2-11-3
Section 2-11-3 Powers of commissioner and board. (a) The commissioner shall have the power
to: (1) Inspect and determine the grade and condition of agricultural products both at shipping
points and receiving centers within this state and provide for the issuance of certificates
as to grade or condition of such products; (2) Inspect, test and examine the containers for
agricultural products; (3) Investigate, collect and disseminate data and statistics as to
the location, quantities and time when available of agricultural products produced, stored
or held within this state, information as to the cost and facilities for the transportation,
storage and distribution of such products and information as to market prices of such products
in the markets of the state and other markets; (4) Acquire and use such information and data
as may be necessary and useful in making recommendations to the Public Service Commission
to avoid and prevent discrimination in the transportation of such products of...
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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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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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