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2-19-121
Section 2-19-121 Definitions. As used in this article, the following words shall have the meaning
stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman
in any stage of development. (2) CERTIFICATE. A document issued or authorized by the commissioner
indicating that a regulated article is not contaminated with boll weevils. (3) COMMISSIONER.
The Commissioner of Agriculture and Industries or his designated representative. (4) COTTON.
Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion
of any portion of its life cycle. (5) HOST. Any plant or plant product upon which the boll
weevil is dependent for completion of any portion of its life cycle. (6) INFESTED. Actually
infested with a boll weevil or so exposed to infestation that it would be reasonable to believe
that an infestation exists. (7) PERMIT. A document issued or authorized by the commissioner
to provide for the movement of regulated articles to...
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2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama that on or after the date designated in such
notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice
by the Commissioner of Agriculture and Industries, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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2-19-132
Section 2-19-132 Cotton growers assessment referendum authorized; assessments generally. (a)
At the request of the certified organization, the board shall authorize a referendum among
cotton growers upon the question of whether an assessment shall be levied upon cotton growers
in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest
suppression or eradication programs authorized by this article or by any other law of this
state. (b) The assessment levied under this article shall be based upon the number of acres
of cotton planted. The amount of the assessment, the period of time for which it shall be
levied, and the geographical area to be covered by the assessment shall be determined by the
board. In no event shall the amount of the assessment exceed $50 per acre for any growing
season. (c) All affected cotton growers shall be entitled to vote in any such referendum and
the board shall determine any questions of eligibility to vote. (d) If at least...
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2-19-126
Section 2-19-126 Authority to designate elimination zones; authority to prohibit planting of
cotton and to require participation in eradication program. The board is authorized to designate
by regulation one or more areas of this state as "elimination zones" where boll
weevil eradication programs will be undertaken. The board is authorized to promulgate reasonable
regulations regarding areas where cotton cannot be planted within an elimination zone when
there is reason to believe it will jeopardize the success of the program or present a hazard
to public health or safety. The board is authorized to issue regulations prohibiting the planting
of noncommercial cotton in such elimination zones, and requiring that all growers of commercial
cotton in the elimination zones participate in a program of boll weevil eradication including
cost sharing as prescribed in the regulations. Notice of such prohibition and requirement
shall be given by publication for one day each week for three...
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2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow
the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect
and review his books and records which disclose the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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8-16-70
Section 8-16-70 Appointment. (a) The Commissioner of Agriculture and Industries is authorized
to designate and appoint any competent employee or agent of the State Department of Agriculture
and Industries or United States Department of Agriculture to weigh or supervise the weighing
of any agricultural commodities which are to be sold on the basis of weight; and such employees
or agents so appointed may be designated or appointed by the commissioner as public weighmasters;
provided, that such employees or agents shall comply with all of the provisions of this article
required for the appointment of weighmasters. (b) Weight certificates issued by such employees
appointed under this section shall be issued in accordance with the provisions and requirements
of this article governing public weighmasters. (Acts 1956, 2nd Ex. Sess., No. 25, p. 295,
§1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-16-70.htm - 1K - Match Info - Similar pages
2-8-190
Section 2-8-190 Legislative purpose and intent. It is hereby declared to be in the interest
of the public welfare that producers of cotton shall be authorized and encouraged to act jointly
and in cooperation with handlers, dealers, purchasers and ginners of cotton, with the Commissioner
of Agriculture and Industries and with the State Board of Agriculture and Industries in promoting
and stimulating by research, education, advertising and other methods, the increased and efficient
production, distribution, use and sale of cotton and cotton products; and it is the intent
and purpose of this article to authorize and provide a method and procedure for a promotional
program for the cotton industry and the financing thereof pursuant to powers of the Legislature
as authorized by Amendment No. 388 to the Constitution which expressly authorizes such activity.
(Acts 1981, No. 81-388, p. 586, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-8-190.htm - 1K - Match Info - Similar pages
2-8-205
Section 2-8-205 Expenditure of assessments. The funds derived from any assessments levied upon
the ginning of cotton as authorized under this article shall be used and expended by the certified
commission after such funds are remitted to it by the Commissioner of Agriculture and Industries
for the purpose of promoting and stimulating by advertising and other methods the increased
use and sale of cotton and cotton products. Any funds expended by the certified commission
not authorized by the promotional program previously approved shall be deemed as an unauthorized
and illegal expenditure of such funds. All funds approved by the certified commission for
expenditure for an approved promotional program for the cotton industry, as authorized under
this article, are hereby appropriated for disbursement and expenditure by said certified commission
to carry out any such approved promotional program or programs; and it shall not be necessary
for the Legislature to make any specific or general...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-8-205.htm - 1K - Match Info - Similar pages
2-11-76
Section 2-11-76 Administration and enforcement; powers of commissioner; fees. The Commissioner
of Agriculture and Industries, through any designated division of the state Department of
Agriculture and Industries, shall be charged with the administration and enforcement of the
provisions of this article, and for that purpose he shall have the power and authority to:
(1) Enter and inspect personally, or through any authorized agent, inspector or employee,
every place within the State of Alabama where fresh fruits and vegetables are produced, packed,
stored, shipped, sold or offered for sale, and it shall be unlawful for any person to resist,
prevent or refuse to allow such entrance or inspection; (2) Issue to growers, packers, shippers
and others certificates of inspection certifying the grade, quality, classification or condition
of fruits and vegetables as provided in this article; (3) Charge reasonable fees designed
to cover the cost of these services, which fees, together with all...
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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, §3; Code 1940,...
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