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2-25-13.1
Section 2-25-13.1 Sale of plants or nursery stock which is not viable unlawful; "viable"
defined. It shall be unlawful to sell or offer for sale any plants or nursery stock unless
such plants or nursery stock are viable and meet the basic requirements of a viable plant
or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable
of living and accomplishing the purpose for which they are grown, whether foliage, flowers,
fruit or special use, shall be considered viable. The basic requirements of viable nursery
stock or viable plants are as follows: (1) They must be free of physiological and pathological
defects to the extent that all essential parts may function normally. (2) The root system
must have adequate roots or the ability to produce them to support normal performance of all
essential parts of the plant. The root system must be adequately protected to prevent excessive
loss of moisture while in storage and transit. (3) The trunk and branches...
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any
living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses,
or any organisms similar to or allied with any of the foregoing, or any infectious substances
which can directly or indirectly injure or cause disease or damage in any plants or parts
thereof or any processed, manufactured, or other products of plants and which may be a serious
agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered
a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds
and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which
may be a serious agricultural threat in Alabama. Evidence of...
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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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2-25-3
Section 2-25-3 Power and duty of commissioner as to protection of agricultural and horticultural
interests from plant pests and noxious weeds generally. It shall be the duty of the commissioner
to protect the agricultural and horticultural interests of the state from plant pests and
noxious weeds; and, to that end, he is vested with power and authority to: (1) Inspect or
cause to be inspected by duly authorized employees, plants, plant products, places or other
things and substances that may, in his opinion, be capable of disseminating or carrying plant
pests or noxious weeds, and, for this purpose, he shall have power to enter into or upon any
place and to open any bundle, package or other container containing or thought to contain
plants or plant products or other things capable of disseminating or carrying plant pests
or noxious weeds; (2) Supervise or cause the treatment, cutting and destruction of plants,
plant parts, fruit, soil, containers, equipment, and other articles capable...
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2-25-4
Section 2-25-4 Power and duty of board as to protection of agricultural and horticultural interests
from plant pests and noxious weeds generally. It shall be the duty of the board to protect
the agricultural and horticultural interests of the state and, to that end, it is vested with
power and authority to: (1) Make all such rules and regulations governing nurseries and the
movement of nursery stock therefrom or the introduction of nursery stock therein as it may
deem necessary to the eradication, control or prevention of the dissemination of plant pests
or noxious weeds; (2) Make rules and regulations to govern the grading, marking, sale and
distribution of nursery stock by dealers and nurserymen; (3) Provide rules and regulations
under which nursery stock may be brought into this state from other states, territories and
foreign countries; (4) Make such rules and regulations with reference to plants and plant
products while in transit through this state as may be deemed necessary to...
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13A-11-152
Section 13A-11-152 Definitions. As used in this article, the following terms shall have the
following meanings: (1) ANIMAL. Every living creature, domestic or wild, with the exception
of man and animals used for illegal gaming purposes. (2) ANIMAL OR CROP FACILITY. Any facility
engaging in scientific research, education, or agricultural production of or involving the
use of animals or crops including any organization with the primary purpose of representing
livestock or crop production or processing; any organization with a primary purpose of promoting
or marketing livestock or crops; any organization with a primary purpose of promoting or marketing
livestock or crop products or materials; any person licensed to practice veterinary medicine;
any person licensed to apply chemical applications not limited to pesticides, insecticides,
rodenticides, or herbicides; any organization with a primary purpose of representing any of
the above; the owner, operator, and employees of any animal or...
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18-1A-3
Section 18-1A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTION. Condemnation
action. (2) APPRAISAL. An opinion as to the value of or compensation payable for property,
prepared by the owner or under the direction of an individual qualified by knowledge, skill,
experience, training, or education to express an opinion as to the value of property. (3)
BUSINESS. A lawful activity, whether or not for profit, other than a farm operation, conducted
primarily for the purchase, sale, lease, rental, manufacture, processing, or marketing of
products, commodities, or other property, or for providing services. (4) CONDEMN. To take
property under the power of eminent domain. (5) CONDEMNATION ACTION. Includes all acts incident
to the process of condemning property after commencement of suit until the entry of final
judgment. (6) CONDEMNEE. A person who has or claims an interest in...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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20-2-2
Section 20-2-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner
or, in his or her presence, his or her authorized agent. b. The patient or research subject
at the direction and in the presence of the practitioner. (2) AGENT. An authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The
term does not include a common or contract carrier, public warehouseman, or employee of the
carrier or warehouseman. (3) CERTIFYING BOARDS. The State Board of Medical Examiners, the
State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the
State Board of Podiatry, and the State Board of Veterinary Medical...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer as defined
in this section and who does not pay the privilege license under Section 40-12-73 or the license
permit under Section 40-25-19 shall pay an annual license tax to the state of $30. The payment
of one state license shall authorize such transient dealer to engage in such business in any
county in the state upon the payment of a county license of $5 in each such county. When used
in this section, the words "transient dealer" shall be held to include any person
or persons who shall be embraced in any of the following classifications: All persons acting
for themselves or as an agent, employee, salesman or in any capacity for another, whether
as owner, bailee or other custodian of goods, wares, and merchandise and going from person
to person, dealer to dealer, house to house or place to place and selling or offering to sell,
exchanging or offering to exchange, for resale by a retailer, any goods,...
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