Code of Alabama

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2-2-37
Section 2-2-37 Commissioner authorized to inspect and secure samples. The commissioner is authorized,
in person or by deputy or by his agents, to have free access at all reasonable hours to all
premises, places of business, buildings, transportation facilities or packages or containers
of whatever kind used in the manufacture, transportation, importation, sale or storage of
any article, substance, material or product, the possession or sale of which is regulated
by the provisions of this title or the possession or sale of which is regulated by any other
statute which the commissioner, department or board is directed to administer or enforce,
and shall have the power and authority to examine and inspect any parcel, container or receptacle
containing or supposed to contain any of said articles, substances, material or product and,
upon paying or offering to pay the full value of said specimen or sample, to take therefrom
samples or specimens for analysis, examination and inspection. (Ag....
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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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2-2-30
Section 2-2-30 Suspension of sale of article. If at any time the commissioner or his duly authorized
agent shall have reason to believe that any product or article, the possession or sale of
which is regulated by the provisions of this title or the possession or sale of which is regulated
by any other statute which the commissioner, department or board is directed to administer
or enforce, does not comply with the requirements of law or rules and regulations under authority
of law as to ingredients, substance, analysis, marking or labeling, weight or measure, it
shall be his duty by written order to suspend the sale of the same until he shall have satisfied
himself or shall be satisfied by an analysis or otherwise that such product or article is
made up, compounded or marked as required by law and rules and regulations under authority
of law. If he shall find that the same does not comply with such laws and rules and regulations,
either before or after the making of such suspension...
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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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2-27-2
Section 2-27-2 Definitions. For the purposes of this article, unless otherwise indicated, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying,
repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other
forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or
in living man or other animals, which the commissioner shall declare to be a pest; and b.
Any substance or mixture of substances intended for use as a plant regulator, defoliant or
desiccant. (2) INSECTICIDE. Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any fungi, except those living on or in man or other...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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2-2-32
Section 2-2-32 Procedure when analysis shows article or product in violation of title. Upon
the examination of specimens or samples of any article, substance, material or product the
sale of which is subject to the provisions of this article, made by any chemist, analyst,
inspector or assistant under the direction and supervision of the Commissioner of Agriculture
and Industries, if such examination shows that such article, substance, material or product
does not conform to the requirements prescribed by any provisions of law or rules and regulations
under authority of law, the commissioner shall cause notice thereof to be given to the party
from whom such specimen or sample was obtained. Any party so notified shall be given an opportunity
to be heard before the Commissioner of Agriculture and Industries under such rules and regulations
as may be prescribed by the State Board of Agriculture and Industries. If it appears that
any of the requirements of any provision of law or rules and...
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8-17-8
Section 8-17-8 Inspection and testing. The Commissioner of Agriculture and Industries and his
agents, representatives or employees are authorized to enter any establishment where brake
fluid is being sold, offered for sale or kept for sale to examine and inspect the product
to determine whether such brake fluid is in compliance with the provisions of this article.
Upon paying, or offering to pay the value of any specimen or sample, they are authorized to
take such specimens or samples for analysis, examination and inspection. (Acts 30, p. 433,
§8.)...
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27-2-24
Section 27-2-24 Examinations - Report; confidentiality of information. (a) The commissioner,
or his or her examiner, shall make a full and true written report of each examination. The
examination report shall contain only information obtained from examination of the books,
records, accounts, files, or other documents of, or relative to, the person examined, its
agents or other persons examined, or as ascertained from the testimony of its officers or
agents or other persons examined concerning its affairs, together with conclusions and recommendations
as the examiners find reasonable warranted from the facts. (b) No later than 60 days following
completion of the examination, the examiner in charge shall file with the department a verified
written report of examination under oath. Upon receipt of the verified report, the department
shall transmit the report to the company examined, together with a notice that the company
examined may make a written submission or rebuttal with respect to...
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28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board by Examiners
of Public Accounts. (a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its
possession for sale, as defined and enumerated in this chapter. (2) To control the possession,
sale, transportation and delivery of alcoholic beverages as enumerated and defined in this
chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
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