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2-22-16
Section 2-22-16 Sale, offer for sale or distribution of misbranded commercial fertilizers;
when commercial fertilizers deemed misbranded; adoption of regulations defining plant nutrients
or commercial fertilizers. (a) No person shall sell, offer for sale or distribute misbranded
commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded if: (1) Its
labeling is false or misleading in any particular; (2) It is distributed under the name of
another fertilizer product; (3) It is not labeled as required in Section 2-22-7 and in accordance
with regulations prescribed under this chapter; and (4) It purports to be or is represented
as a commercial fertilizer or is represented as containing a plant nutrient or commercial
fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition
of identity, if any, prescribed by regulation of the board. (b) In adopting the regulations
provided for in subdivision (4) of subsection (a) of this section, the...
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2-22-2
Section 2-22-2 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMERCIAL FERTILIZER.
Any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, basic slag,
gypsum and other materials or products regulated under Chapter 23 of this title. Such term
shall include fertilizer material as defined in subdivision (2) of this section, and the provisions
and requirements of this chapter applicable to commercial fertilizer shall also apply to fertilizer
material. (2) FERTILIZER MATERIAL. A commercial fertilizer containing one or more of the recognized
plant nutrients, which is used primarily for its plant nutrient content and which either:
a. Contains important quantities of no more...
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2-22-12
Section 2-22-12 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Generally. (a) If the analysis shall show that a commercial fertilizer
is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances
as established by regulation adopted by the State Board of Agriculture and Industries pursuant
to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by
the board. (b) Deficiencies in any other constituent or constituents covered under paragraphs
b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed
shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board;
provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of
competent jurisdiction for judgment as to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-12.htm - 2K - Match Info - Similar pages
11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing body
may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration,
packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers.
The entire subject matter of the foregoing shall be subject to the jurisdiction of the Department
of Agriculture and Industries. (b) For purposes of this section, the term fertilizer means
any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
boiler ashes produced by the pulp and paper or the electric utility industry, and similar
products exempted by regulation of the Commissioner of Agriculture and Industries. (c) This
section shall not affect, supersede, or override any zoning...
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2-22-17
Section 2-22-17 Sale, offer for sale or distribution of adulterated commercial fertilizers;
when commercial fertilizers deemed adulterated. No person shall sell, offer for sale or distribute
an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be
adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount
to render it injurious to beneficial plant life when applied in accordance with directions
for use on the label or if adequate warning statements or directions for use, which may be
necessary to protect plant life, are not shown upon the label; and (2) Its composition falls
below or differs from that which it is purported to possess by its labeling. (Acts 1969, No.
434, p. 840, §16.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-17.htm - 1K - Match Info - Similar pages
2-22-15
Section 2-22-15 Establishment, etc., of standards of classification for commercial fertilizers
generally; adoption of standards for sale of specialty fertilizers; establishment of standards
and minimum guarantees for plant nutrients other than nitrogen, phosphorus and available potassium.
The board shall have authority to establish standards of classification for commercial fertilizer
according to ratios and grades by which its quality, condition, fertilizing or plant food
value may be judged and to alter or modify such standards when found to be necessary. In pursuance
thereof, the board is authorized to establish, adopt and promulgate a list of minimum analysis
ratios and grades for commercial fertilizers including minimum available plant food content
for nitrogen, available phosphorus and available soluble potassium and also for superphosphate
with potassium, nitrogen with superphosphate and superphosphate. The board shall also be authorized
to define and to adopt standards for the...
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2-22-20
Section 2-22-20 Rules and regulations. For the administration and enforcement of this chapter,
the board is authorized to adopt and promulgate reasonable rules and regulations relating
to the sale and distribution of commercial fertilizers necessary to carry out the full intent
and meaning of this chapter, including, but not limited to, fixing tolerances for plant food
deficiency penalty assessments pursuant to Section 2-22-12, providing for the incorporation
into commercial fertilizer of such other substances as pesticides and the proper labeling
of such mixture, establish a fee together with such other rules and regulations reasonably
necessary to implement, make specific, and interpret the provisions of this chapter. Notwithstanding
any other provisions of this chapter and specifically the provisions of subdivision (5) of
Section 2-22-2 relating to guaranteed analysis, the commissioner with the approval of the
board shall be authorized to require by rules and regulations that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-20.htm - 1K - Match Info - Similar pages
2-22-7
Section 2-22-7 Labeling of commercial fertilizers. (a) Any commercial fertilizer sold in this
state for use therein or sold for importation into this state for use therein in containers
shall have printed on or affixed to the container a label setting forth in clearly legible
and conspicuous form the following information: (1) The net weight; (2) The brand and grade;
(3) The guaranteed analysis; (4) The materials from which the plant nutrients are derived
with the percentage of each as may be required by regulations of the board; and (5) The name
and principal address of the manufacturer or other person responsible for placing it on the
market. (b) If distributed in bulk, a written or printed statement of the information required
by subdivisions (1), (2), (3), (4) and (5) of subsection (a) of this section shall accompany
delivery and be supplied to the purchaser at time of delivery. (c) A commercial fertilizer
formulated according to specifications which are furnished by a consumer...
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2-22-21
Section 2-22-21 Suspension from sale, seizure and condemnation of commercial fertilizers not
in compliance with chapter or rules or regulations promulgated thereunder. Any lot or other
quantity of commercial fertilizer not in compliance with the provisions of this chapter or
rules and regulations duly adopted and promulgated under this chapter shall be subject to
suspension from sale, seizure and condemnation. The issuance of a "suspension from sale
or use" or "stop sale" and seizure and condemnation of any lot or other quantity
of commercial fertilizer sold, offered for sale or kept for sale in violation of the provisions
of this chapter shall be in accordance with such procedure as is now prescribed under Article
2 of Chapter 2 of this title. (Acts 1969, No. 434, p. 840, §21.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-22-21.htm - 1K - Match Info - Similar pages
2-22-11
Section 2-22-11 Inspection, sampling, testing and analysis of commercial fertilizers by commissioner;
furnishing of results, etc., to licensees where fertilizers found subject to penalty or legal
action. (a) It shall be the duty of the commissioner, who may act through his authorized agent,
to sample, inspect, make analyses of and test commercial fertilizers distributed within this
state at such times and places and to such an extent as he may deem necessary to determine
whether such commercial fertilizers are in compliance with the provisions of this chapter.
(b) The commissioner, individually or through his agent, is authorized to enter upon any public
or private premises or carriers during regular business hours in order to have access to commercial
fertilizers subject to the provisions of this chapter and the rules and regulations pertaining
thereto and to the records relating to their distribution. (c) In drawing any official sample
and in making any analysis, the officially...
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