Code of Alabama

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2-13-92
Section 2-13-92 Right of entry of commissioner; investigations and inspections; examination
of records; resisting or interfering with commissioner. The Commissioner of Agriculture and
Industries and inspectors, employees and agents of the Department of Agriculture and Industries
shall have power and authority to enter upon any premises where milk being or having been
shipped or transported into the State of Alabama is processed, bottled, collected, cooled
or otherwise handled or to stop and inspect any truck or other vehicle transporting milk into
this state, except as provided in this article, to be sold or offered for sale in this state
and to make such investigations, examinations or inspections as may be necessary to determine
whether such milk, cream, milk products or by-products thereof being shipped or transported
into this state are produced, distributed, processed or otherwise handled in accordance with
the requirements of this article and rules and regulations promulgated...
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any
living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses,
or any organisms similar to or allied with any of the foregoing, or any infectious substances
which can directly or indirectly injure or cause disease or damage in any plants or parts
thereof or any processed, manufactured, or other products of plants and which may be a serious
agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered
a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds
and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which
may be a serious agricultural threat in Alabama. Evidence of...
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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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2-13-84
Section 2-13-84 Milk transported into Alabama. No milk shall be shipped or transported into
the State of Alabama from another state unless such milk is produced and handled under sanitary
conditions no less adequate in protection of public health than milk produced in the State
of Alabama. Shipping or transporting such milk into the State of Alabama must be authorized
by permits as provided in Section 2-13-83 and must be authorized by a permit by the Commissioner
of Agriculture and Industries as provided in Section 2-13-83. Said commissioner is hereby
authorized to issue or revoke such permits as have been issued by the commissioner under rules
and regulations adopted under the provisions of this article providing for a method of ascertaining
the conditions under which such milk shipped into the State of Alabama was produced and handled.
Any milk shipped into the State of Alabama in violation of the provisions of this section
or rules and regulations promulgated under this article...
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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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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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2-26-5
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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2-26-75
Section 2-26-75 Conduct of investigation as to complaint by committee; hindering, obstructing,
etc., access to premises, review of records, etc., by committee; report of findings and recommendations.
When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other
seed purchaser to the Seed Investigation and Arbitration Committee, said committee shall make
a full and complete investigation of the matters complained of and at the conclusion of said
investigation report its findings with its recommendations and file same with the Commissioner
of Agriculture and Industries. The purchaser of the seed and the seed dealer shall upon request
of either party be entitled to a hearing before the committee before any findings and recommendations
are made. Notice of the date, time and place of the hearing shall be given to both parties.
In conducting its investigation the committee or any member or members thereof is authorized
to investigate the farmer or other...
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20-1-130
Section 20-1-130 Definitions generally. For the purpose of this article, the following words
and phrases shall have the meanings indicated, unless the context clearly indicates a different
meaning: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of
Alabama. (2) PERSON. Any individual, partnership, corporation, or association, whether or
not incorporated. (3) FOOD FATS. Edible, natural fats derived from vegetable or animal sources
or a combination thereof, including only such milk fat as is normally contained in products
enumerated in subdivision (4) of this section. Food fats as defined in this subdivision may
contain harmless optional ingredients in an amount not exceeding .005 percent of the weight
of the fat used to prevent fat oxidation. (4) MILK SOLIDS NOT FAT. Any skim milk, concentrated
(evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed
skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet...
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2-10-29
Section 2-10-29 Investigation of affairs of association. The commissioner shall have authority,
when so ordered by the State Board of Agriculture and Industries, to examine and investigate
each association as to its conduct of business, the correctness of its books, its financial
condition and the safety and prudence of its management. Such investigation may also be made
by any duly authorized agent of the commissioner. The report of such examination shall be
a confidential document for official use only and subject to examination only by duly authorized
agents of the commissioner and members of the State Board of Agriculture and Industries. Such
report shall be kept on file with the commissioner. (Ag. Code 1927, §556; Code 1940, T. 2,
§79.)...
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