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2-2-34
Section 2-2-34 Where analyses to be made. All chemical analyses shall be made in a laboratory
at such place or places as the commissioner with the approval of the State Board of Agriculture
and Industries determines will best serve to increase the efficiency of the work of the department.
(Ag. Code 1927, §222; Code 1940, T. 2, §499; Acts 1969, No. 1055, p. 1975, §1.)...
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2-2-33
Section 2-2-33 Duty to perform tests or analyses; delegation; use of results. (a) Whenever
it shall be necessary to have any tests or analyses made in order to properly execute any
law or rule and regulation under authority of law, the execution or administration of which
is a duty imposed on the commissioner or the State Board of Agriculture and Industries, the
commissioner shall make such tests or analyses or cause to be made such tests or analyses
by employees of the Department of Agriculture and Industries or as otherwise provided in subsection
(b). (b) The commissioner, with approval of the State Board of Agriculture and Industries,
may enter into agreements delegating the responsibility for laboratory tests or analyses to
any laboratory operated by the United States government or any other state government. The
commissioner may use the results of tests or analyses performed by these laboratories for
the execution or administration of any law or rule imposed on the commissioner or...
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2-2-36
Section 2-2-36 Establishment and operation of laboratory. The commissioner, with the approval
of the State Board of Agriculture and Industries, shall have authority to incur such expenses
and use such funds as necessary for the establishment, operation and maintenance of a laboratory
or laboratories in which adequate and proper tests or chemical analyses can be made and conducted.
(Ag. Code 1927, §225; Code 1940, T. 2, §502; Acts 1969, No. 1055, p. 1975, §1.)...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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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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2-2-35
Section 2-2-35 Certificate of analysis admissible as evidence. A certificate of analysis or
examination by the chemist who is the supervisor or director of the laboratory of the Department
of Agriculture and Industries or other laboratory utilized by the commissioner as provided
in Section 2-2-33 in which the analysis or examination is made, when properly verified by
affidavit, shall be admissible and shall be prima facie evidence of the facts therein stated
in any of the courts of this state on the trial of any issue involving the merits, and the
quality of the bulk from which the sample was taken shall prima facie be presumed to be the
same as the quality of the sample as shown by the analysis or examination. (Ag. Code 1927,
§224; Code 1940, T. 2, §501; Acts 1969, No. 1055, p. 1975, §1; Act 2015-262, §1.)...
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8-15-13
Section 8-15-13 Public hearing on operations; notice of hearing; sworn testimony heard; authority
to subpoena witnesses; witness fees; production of books and records; appearance in person
or by counsel; failure to obey process; rules of evidence not applicable. (a) In the event
the Commissioner of Agriculture and Industries is of the opinion that a condition exists which
would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse
by reason of the manner in which such public warehouse is being operated or that the same
is being operated without having complied with the laws or rules and regulations relating
to the operation of public warehouses, he shall order a public hearing thereon, to be held
in the office of the commissioner at Montgomery or at the courthouse of the county in which
the warehouse is being operated, to determine what action shall be taken relative to the said
warehouse. (b) It shall be the duty of the Commissioner of Agriculture...
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2-27-12
Section 2-27-12 Sampling and inspection. (a) The commissioner or his agent is authorized to
enter upon any public or private premise or carrier at reasonable times during regular business
hours in the performance of his duties relating to pesticides, devices and records pertaining
to same. It shall be a violation of the penalty provisions of this article for any person
to refuse to allow such entrance for sampling and inspection purposes. (b) The commissioner
or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides
sold or offered for sale or distributed within this state, at a time and place and to such
an extent as he may deem necessary to determine whether such pesticides are in compliance
with the provisions of this article. (c) The official analysis shall be made from the official
sample. The registrant may obtain upon request a portion of said official sample. If the official
analysis conforms to the provisions of this article, the official...
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2-10-26
Section 2-10-26 Temporary permit pending appeal. In the event an association desires to do
business pending the appeal provided for in Section 2-10-25, it may be issued a temporary
permit to do so upon paying $1.00 and filing bond with the commissioner in such sum as the
commissioner may fix, conditioned to protect all persons dealing with the association from
injury or loss. Said bond shall be in a reasonable amount, approved by the commissioner, and
made in some bonding company authorized to do business in Alabama. Before such association
shall be permitted to file bond as authorized in this section, there shall be filed with the
Department of Agriculture and Industries, on blanks prescribed by the State Board of Agriculture
and Industries, an application for such temporary permit, accompanied by a full list of the
members of such association and their addresses. Immediately upon the filing of such application,
the commissioner shall call a meeting, by mailing notice to each member...
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2-11-100
Section 2-11-100 Inspection. The commissioner and his duly authorized employees may enter and
inspect any place where grain is stored, shipped, sold or offered for sale for the purpose
of carrying out the provisions of this article. The commissioner and his duly authorized employees
may, for the purpose of inspection and examination of grain, break the seals of cars; and,
after such inspection has been made, the said officials shall securely close and reseal such
doors as have been opened by them, using the special seal provided by the Department of Agriculture
and Industries for the purpose. A record of all original seals broken by said officials and
the date when broken and also a record of all state seals substituted therefor and the date
and number of said seals shall be made by such officials. Any person who forcibly assaults,
resists, impedes or interferes with said commissioner or his employees in the execution of
any duty authorized to be performed by him under this article...
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