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9-11-26
Section 9-11-26 Penalty for offering to sell shellfish, wild fish, or farm-raised fish processed
with certain banned drugs. Any person, including a processor, distributor, retailer, or food
service establishment, who knowingly offers for direct retail sale for human consumption any
shellfish, wild fish, or farm-raised fish that has been processed with chloramphenicol, nitrofurans,
or similar veterinary drugs, which are used in processing some imported seafood and banned
by the United States Food and Drug Administration, shall be punished, on conviction, by a
fine of not more than ten thousand dollars ($10,000) or a sentence of not more than one year,
or both. (Act 2004-526, p. 1104, §1.)...
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22-20A-2
Section 22-20A-2 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) BOARD. The State Board of Health as defined in Section 22-2-3.
(2) DOMESTIC. Any farm-raised fish or wild fish hatched, raised, harvested, or processed within
the United States or a territory of the United States. (3) FARM-RAISED FISH. Includes farm-raised
shellfish and fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish
and includes any product of which farm-raised fish is an ingredient. (4) FOOD SERVICE ESTABLISHMENT.
Any place, vehicle, or vessel where food for individual portion service is prepared, stored,
held, transported, served, or dispensed and includes any such place regardless of whether
consumption is on- or off-premises and which is regulated by the Alabama Department of Public
Health. Hospitals, as defined in Section 22-21-20, shall be excluded from the requirements
of this article. (5) IMPORTED. Any farm-raised fish or...
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2-5A-1
Section 2-5A-1 Establishment; powers and duties. (a) The Farmers' Market Authority is established
in the Department of Agriculture and Industries. The authority shall have the powers and duties
to establish agricultural markets to prevent waste and to provide marketing facilities where
farm products, including fruits, vegetables, nuts, truck crops, and other agricultural commodities,
and fish products, including, but not limited to, farm-raised fish, shellfish, and wild fish,
may be processed, graded, packaged, displayed, or exhibited in order to encourage the buying
and selling of the commodities, and to encourage the public interest, thus promoting good
will between the rural and urban sectors of the State of Alabama. The Commissioner of the
Department of Agriculture and Industries, with approval of the Board of Agriculture and Industries,
may procure by purchase, lease, rent, gift, or otherwise, necessary market sites in this state
on which to conduct farmers' markets. (b)...
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22-20A-3
Section 22-20A-3 Suppliers and food service establishments to provide required information.
(a) Any person who supplies farm-raised fish or wild fish to a food service establishment
shall provide information of the country of origin of the product to the food service establishment
as required by federal law. The State Health Officer, upon verified complaint and in compliance
with all applicable state and federal law, shall investigate any and all reports of noncompliance
with this subsection. Upon receipt of the verified complaint, a copy of the complaint shall
be given to the food service establishment. (b) If farm-raised fish or wild fish is supplied
to a food service establishment and the fish or fish product is not required to be labeled
with the country of origin pursuant to the requirements of federal law, the supplier of the
fish or fish product or the food service establishment shall not be required to provide any
additional information to comply with this article. (c) A food...
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22-20A-4
Section 22-20A-4 Labeling requirements. Any labeling requirements as to farm-raised fish and
wild fish offered for direct retail sale for human consumption by a food service establishment
may comply with this article by stating the country of origin in lieu of the disclaimer or
notice; except, that the appropriate state name or USA or United States of America, including
a trade name or trademark, may be inserted in lieu thereof to accommodate similar products
produced in any of the states or a territory of the United States of America. (Act 2009-582,
p. 1715, §4.)...
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40-12-174
Section 40-12-174 Transient vendors and peddlers. (a) Each person travelling on an animal or
using a vehicle other than a motor vehicle, doing business as a transient vendor or peddler
as defined in this section, displaying, selling or offering to sell any goods, wares, or merchandise,
other than to a merchant for resale, shall pay a privilege license tax to the State of Alabama
of $15 and $5 for the county in each county in which such transient vendor or peddler does
business for each vehicle. (b) Each itinerant vendor or peddler of merchandise, other than
tobacco products, medicines or household remedies or liquified petroleum products, but including
persons, firms, corporations, partnerships, or cooperatives whose principal business is selling
and distributing milk and dairy products, who operates on foot or uses a vehicle solely for
the purpose of transporting merchandise from house to house or place to place but who does
not use such vehicle for the display of merchandise or as a...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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22-20A-1
Section 22-20A-1 Legislative findings. The Legislature hereby finds and declares the consumer's
right to know the source or origin of a food product for human consumption is paramount and
essential to the health, safety, and well-being of the people of this state and nation. Providing
notice to the public of whether farm-raised fish and wild fish are imported or domestic is
compelling. (Act 2009-582, p. 1715, §1.)...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer as defined
in this section and who does not pay the privilege license under Section 40-12-73 or the license
permit under Section 40-25-19 shall pay an annual license tax to the state of $30. The payment
of one state license shall authorize such transient dealer to engage in such business in any
county in the state upon the payment of a county license of $5 in each such county. When used
in this section, the words "transient dealer" shall be held to include any person
or persons who shall be embraced in any of the following classifications: All persons acting
for themselves or as an agent, employee, salesman or in any capacity for another, whether
as owner, bailee or other custodian of goods, wares, and merchandise and going from person
to person, dealer to dealer, house to house or place to place and selling or offering to sell,
exchanging or offering to exchange, for resale by a retailer, any goods,...
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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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