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13A-9-41
Section 13A-9-41 Deceptive business practices. (a) A person commits the crime of deceptive
business practices if in the course of engaging in a business, occupation, or profession,
he: (1) Uses or possesses for use a false weight or measure, or any other device for falsely
determining or recording any quality or quantity; or (2) Sells, offers or exposes for sale,
or delivers, less than the represented quantity of any commodity or service; or (3) Takes
or attempts to take more than the represented quantity of any commodity or service when as
buyer he furnishes the weight or measure; or (4) Sells, offers or exposes for sale adulterated
commodities; or (5) Sells, offers or exposes for sale mislabeled commodities. (b) It shall
be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) "Adulterated" means varying from the standard of composition...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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2-26-5
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes for
sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree,
shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such
seed in the State of Alabama shall, before selling or offering such seed for sale or distributing
or soliciting orders for the sale of such seed and on or before January 1 of each year secure
an annual permit from the Commissioner of Agriculture and Industries to engage in such business.
Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed
by the commissioner, and such permit shall be issued upon the payment of the following permit
fees when the application is in proper form: (1) For each person engaged in selling seed at
retail in closed containers or packets of eight ounces or less displayed on a supplemental
container display, a permit fee established by the Board of...
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9-11-237
Section 9-11-237 Sale and purchase of game birds and animals including the meat or other product
thereof. Any person, firm, or corporation who sells, offers, or exposes for sale, buys, purchases,
barters, or exchanges anything of value for any game bird or game animal or any part thereof
at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not less than $250.00 nor more than $500.00 for each offense. Duly licensed catchers
of fur-bearing animals may sell to regularly licensed buyers or dealers only the furs, skins,
or pelts of fur-bearing animals which they lawfully take, capture, or kill. The licensed catcher
of fur-bearing animals may sell or offer for sale for food the dressed carcass of edible fur-bearing
animals named by law or regulations. However, notwithstanding anything herein to the contrary,
it shall not be a violation of this section to sell, offer, or expose for sale, buy, purchase,
barter, or exchange anything of value for any...
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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, ยง3; Code 1940,...
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28-3-187
28-3-187 Section 28-3-187 Identification on containers; procedures; penalties (a) For the protection
of the public welfare, health, peace and morals of the people of this state, including without
limitation regulation of the quality of malt or brewed beverages sold, offered for sale or
held for sale within this state, and for the protection of the tax revenues accruing to the
state by virtue of taxes levied on malt or brewed beverages, it is hereby declared the intention
and purpose of this article that the board shall require all manufacturer licensees, or in
lieu thereof, all importer licensees to affix Alabama identification, as will be prescribed
by the board, to all original containers in which malt or brewed beverages is normally placed
and prepared for market, received, sold or handled, before such beverages are sold, offered
for sale or held for sale within this state. Provided, however, a wholesaler licensee may,
subject to the rules and regulations promulgated by the board,...
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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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8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
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