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2-25-17.1
Section 2-25-17.1 Procedures to be used when plant, nursery stock, etc., found to contain plant
pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or
treatment; refusal of owner to comply; liability for cost of treatment or destruction. If
the commissioner finds, on examination, any plant, plant product or nursery stock infested
or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons
having charge of such premises to that effect, and the owner or person in charge shall, within
10 days after such notice, unless an appeal is taken as provided in this article, cause the
removal and destruction of the infested and infected plant or plant product if it is incapable
of successful treatment; otherwise, such owner or person in charge shall cause it to be treated
as directed in the order of the commissioner. No indemnity shall be awarded to the owner for
complying with the above notice or orders of the commissioner. In...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-25-17.1.htm - 1K - Match Info - Similar pages
2-25-18
Section 2-25-18 Appeals to state board from findings or orders of commissioner. The owner or
person in charge may appeal the orders of the commissioner requiring treatment or destruction
of plants, plant products or nursery stock by serving written notice of appeal on the commissioner
within 10 days after receiving his orders or findings. This appeal from the findings or orders
of the commissioner shall lie to the State Board of Agriculture and Industries, which shall,
as soon as practicable, hear and determine the same. The order of the said board shall be
enforced by the circuit court upon filing a complaint by the commissioner setting forth said
order and requesting enforcement of the same. (Ag. Code 1927, §309; Code 1940, T. 2, §469;
Acts 1991, No. 91-632, p. 1179, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-25-18.htm - 1K - Match Info - Similar pages
2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-2-31.htm - 5K - Match Info - Similar pages
2-14-12
Section 2-14-12 Failure of owner to treat or destroy bees, equipment, etc., upon notification
by commissioner; hearing for review of order of commissioner to treat or destroy diseased
bees, etc.; enforcement of order. It shall be unlawful for any owner or keeper of bees who
shall have been notified by the Commissioner of Agriculture and Industries or his agents or
employees that the State Apiarist has determined that the disease of Foulbrood or any other
contagious or infectious disease of bees exists in the hives of his apiary to fail or refuse
to destroy or treat such bees, their hives, equipment and appliances in the manner prescribed
by the State Apiarist within a period of five days from date of receipt of such notification;
provided, that any owner or keeper of bees notified to treat or destroy diseased bees shall
have the right to have the Commissioner of Agriculture and Industries review and reconsider
such order at a formal hearing to be conducted for this purpose. At such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-14-12.htm - 2K - Match Info - Similar pages
2-19-127
Section 2-19-127 Authority for destruction or treatment of cotton in elimination zones; when
compensation payable. The commissioner shall have authority to destroy, or in his discretion,
to treat with pesticides volunteer or other noncommercial cotton and to establish procedures
for the purchase and destruction of commercial cotton in elimination zones when the commissioner
deems such action necessary to effectuate the purposes of this article. No payment shall be
made by the commissioner to the owner or lessee for the destruction or injury of any cotton
which was planted in an elimination zone after publication of notice as provided in this article,
or was otherwise handled in violation of this article, or the regulations adopted pursuant
thereto. However, the commissioner shall pay for losses resulting from the destruction of
cotton which was planted in such zones prior to promulgation of such notice. (Acts 1984, 1st
Ex. Sess., No. 84-786, p. 170, §8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-19-127.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-25-3.htm - 4K - Match Info - Similar pages
2-19-121
Section 2-19-121 Definitions. As used in this article, the following words shall have the meaning
stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman
in any stage of development. (2) CERTIFICATE. A document issued or authorized by the commissioner
indicating that a regulated article is not contaminated with boll weevils. (3) COMMISSIONER.
The Commissioner of Agriculture and Industries or his designated representative. (4) COTTON.
Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion
of any portion of its life cycle. (5) HOST. Any plant or plant product upon which the boll
weevil is dependent for completion of any portion of its life cycle. (6) INFESTED. Actually
infested with a boll weevil or so exposed to infestation that it would be reasonable to believe
that an infestation exists. (7) PERMIT. A document issued or authorized by the commissioner
to provide for the movement of regulated articles to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-19-121.htm - 2K - Match Info - Similar pages
2-19-123
Section 2-19-123 Entry of premises; eradication activities; inspections. The commissioner shall
have authority to enter cotton fields and other premises in order to carry out such activities,
including but not limited to, treatment with pesticides, monitoring, and destruction of growing
cotton and/or other host plants, as may be necessary to carry out the provisions of this article.
The commissioner shall have authority to make inspection of any fields or premises in this
state and any property located therein or thereon for the purpose of determining whether such
property is infested with the boll weevil. Such inspection and other activities may be conducted
at any reasonable daylight hours falling between sunrise and sunset. (Acts 1984, 1st Ex. Sess.,
No. 84-786, p. 170, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-19-123.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-2-30.htm - 2K - Match Info - Similar pages
9-13-80
Section 9-13-80 Definitions. The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COMMISSIONER. The Commissioner of Revenue of the State
of Alabama. (2) CONCENTRATION YARD. A place where logs, pulpwood, or inwoods pulpwood chips
severed in Alabama are brought or received within the State of Alabama in a green or rough
form or condition for resale to processors or manufacturers or for shipment out of state.
(3) DEPARTMENT. The Department of Revenue of the State of Alabama. (4) FOREST PRODUCTS. Logs,
pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood). (5) MANUFACTURER.
As applied to logs suitable for manufacture into lumber, plywood, veneer, or other solid wood
product, the person who operates the sawmill or plant in which the products are manufactured;
as applied to pulpwood, the person who operates the paper or pulp mill,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-13-80.htm - 2K - Match Info - Similar pages
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