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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.)...
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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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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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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title, for
the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
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20-1-137
Section 20-1-137 Adulteration and misbranding of mellorine, imitations thereof, etc.; sale
or offer for sale of adulterated or misbranded mellorine. Any food product containing any
food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or
in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which
purports to be or is represented as mellorine as defined in this article but which does not
conform to such definition and standard of identity shall be deemed to be adulterated and
misbranded, notwithstanding the employment of any fanciful name or the use of the word "imitation"
to designate the product; provided, that the natural occurrence of a food fat in any flavoring
used in mellorine shall not be construed to be adulteration within the meaning of this section.
If mellorine is adulterated as provided in the case of food under the provisions of Section
20-1-22, such adulteration is hereby prohibited. The sale or offering for...
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2-24-3
Section 2-24-3 Promulgation of rules and regulations as to procedures, methods, standards,
etc., for soil-testing laboratories. The State Board of Agriculture and Industries is hereby
authorized to adopt and promulgate rules and regulations which shall set forth and require
uniform methods, procedures and standards to be followed by soil-testing laboratories in determining
the fertilizer and lime needed for agricultural crop, pasture and garden production where
the results of such tests will be used for the sale, use and application of commercial fertilizers
and limes. Such rules and regulations may provide for the qualifications and training of laboratory
personnel, chemical and other procedures to be followed, soil extraction methods, use of calibration
data, laboratory reports, method and manner of making recommendations for the fertilizer and
lime needs of soils, procedure for check samples and other procedures, requirements and standards
deemed necessary for the operation of an...
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34-23-9
Section 34-23-9 Purity of drugs dispensed. No person shall compound or sell or offer for sale
or cause to be compounded, sold, or offered for sale any medicine, drug, poison, chemical,
or pharmaceutical preparation that is adulterated. Any one of the above-named substances shall
be deemed to be adulterated if it is sold by a name recognized in the United States Pharmacopoeia
or National Formulary and it differs from the standard of strength, quality, or purity as
determined by the test laid down therein. A product may be of a lesser strength only if the
product is clearly labeled with the actual strength. The board may use product analysis data
from any laboratory that satisfies all of the following qualifications: (1) Is registered
by the Food and Drug Administration. (2) If the product is a legend controlled drug, is licensed
by the Bureau of Narcotics and Dangerous Drugs. (3) Is ISO 17025 certified. (Acts 1966, Ex.
Sess., No. 205, p. 231, §17; Act 2017-422, §1.)...
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2-27-14
Section 2-27-14 Prohibited acts. (a) It shall be unlawful for any person to distribute, sell,
offer for sale or keep for sale within the state or deliver for transportation or transport
in intrastate commerce or between points within this state through any point outside this
state any of the following: (1) Any pesticide or device which has not been registered pursuant
to the provisions of Section 2-27-9, or any pesticide if any of the claims made for it or
any of the directions for its use differ in substance from the representations made in connection
with the registration or if the composition of a pesticide differs from its composition as
represented in connection with its registration; provided, that in the discretion of the commissioner,
a change in the labeling of a pesticide may be made within a registration period without requiring
reregistration of the pesticide. (2) Any pesticide or device, unless it is in the registrant's
or the manufacturer's unbroken immediate container...
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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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