Code of Alabama

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8-17-86
Section 8-17-86 Duty to test samples; certificate of tests. (a) It is the duty of the Commissioner
of Agriculture and Industries to secure samples of all petroleum products sold, offered for
sale, stored or used in the state and to determine: (1) Whether or not such petroleum products
are sold, offered for sale, stored or used in correct measure or quantity claimed by the person
selling or offering for sale or storing or using such petroleum products; and (2) Whether
the same is of legal standard and of the standard advertised. (b) The Commissioner of Agriculture
and Industries shall test, or cause to be tested, such samples in the manner provided by the
rules and regulations made by the Board of Agriculture and Industries pursuant to authorization
in Section 8-17-81, and shall make a certificate of such test, a copy of which certificate
shall be furnished by the commissioner upon request to the person from whom the sample was
obtained. (Acts 1971, No. 1403, p. 2363, §6.)...
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8-17-85
Section 8-17-85 Examinations and tests; permit required for sale, storage, etc.; permit application,
fee and expiration date; nonapplicability of section to certain persons. (a) All petroleum
products sold, offered for sale, used or stored in the state shall be subject to examination
and tests to determine the safety of such products and their value and efficiency for the
purposes for which they are sold, offered for sale, used or stored. (b) Before selling, offering
for sale, storing, or using petroleum products in the state, the person desiring to sell,
offer for sale, store, or use such petroleum products in the state must submit to the Commissioner
of Agriculture and Industries a written application for a permit, upon forms furnished by
the commissioner, setting forth: (1) The name and brand under which any petroleum product
is to be sold, offered for sale, stored or used; (2) In case said petroleum product is to
be sold, offered for sale, stored or used in tanks, barrels, cans or...
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8-17-93
Section 8-17-93 Penalty for violation; revocation of permits. (a) Any person who sells, offers
for sale, stores, or uses any petroleum product in the state which is below the legal standard,
who makes a false statement or certificate as to the quantity or standard of such petroleum
product, sells, offers for sale, stores, or uses any petroleum product without having procured
a permit as required by Section 8-17-85, fails to make any report to the Revenue Commissioner
as required by this article, makes a false certificate of the number of gallons of such petroleum
product sold, stored, or used during the preceding month or who otherwise violates or fails
to comply with the provisions of this article shall be guilty of a misdemeanor. (b) The Commissioner
of Agriculture and Industries may revoke the permit, referenced in Section 8-17-85, of any
person found upon investigation to have sold, offered for sale, stored, or used any petroleum
product below the minimum standards adopted by the...
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2-11-92
Section 2-11-92 Stations for inspection; grade certificates. The commissioner, with the approval
of the Board of Agriculture and Industries, may establish official stations for the inspection
of grain at any town or place where grain is bought, sold, marketed, stored or manufactured.
The commissioner shall inspect and grade upon request all grain sold, offered for sale or
consigned for sale. He shall issue a uniform grade certificate stating the kind and grade
of grain, test weight per bushel and the reason for all grade below number one and such other
facts as he may require. None of the facts certified in such certificate shall be presumed
to continue or exist beyond 60 days after the date of such certificate. Certificates issued
by authorized agents of the commissioner shall be received in all courts of the State of Alabama
as prima facie evidence of the truth of the statements therein contained at the time of the
issuance of said certificate and for 60 days thereafter. Such...
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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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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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2-26-2
Section 2-26-2 Powers and duties of commissioner generally. It shall be the duty of the Commissioner
of Agriculture and Industries, who may act individually or through his authorized agents to:
(1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub
and flower seeds transported, sold, offered or exposed for sale or distributed within this
state for sowing or planting purposes, at such time and place and to such extent as he may
deem necessary to determine whether said seeds are in compliance with the provisions of this
article and notify promptly the person who transported, sold, offered or exposed the seed
for sale of any violation; (2) Enter upon any public or private premises during regular business
hours in order to have access to seeds subject to this article and the rules and regulations
thereunder; (3) Issue and enforce a written or printed "stop-sale," "suspension
from sale" or "nonuse" order to the owner or custodian of any lot of...
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8-17-88
Section 8-17-88 Sale, storage, etc., of nonstandard products prohibited; suspension from sale,
condemnation, etc., of nonstandard products. (a) No person shall sell, offer for sale, store,
use or bring to rest in the state for sale, offer for sale, use or storage in the state any
petroleum product which fails to comply with the standards adopted by the Board of Agriculture
and Industries. (b) Publicity shall be given to any failure to comply with the standards as
the Commissioner of Agriculture and Industries shall prescribe. (c) The sale, offer for sale,
storage or use of petroleum products that fall below the standards fixed by the Board of Agriculture
and Industries is hereby declared illegal, and such petroleum products shall be subject to
suspension from sale, offer for sale, storage or use and may be condemned and sold as provided
in Sections 2-2-30 through 2-2-37. (Acts 1971, No. 1403, p. 2363, §7.)...
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8-17-81
Section 8-17-81 Determination and adoption of standards and methods of tests; promulgation
of rules; effect of prior standards. (a) The Board of Agriculture and Industries shall have
the power and duty to: (1) Determine and adopt standards of minimum specifications for petroleum
products, and the various classifications and kinds thereof, as to safety, purity, freedom
from objectionable substances, distillation tests, heat-producing qualities, fire tests, and
efficiency which are not inconsistent with the specifications for the same products that are
published from time to time by the United States Department of Commerce; and (2) Make changes
from time to time in such standards, all as the board may deem necessary to provide for the
public safety and to provide that such petroleum products are satisfactory and efficient for
the purposes for which they may be sold, offered for sale, stored, or used in the state; provided,
that such standards shall not be adopted or altered by the board...
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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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