Code of Alabama

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2-23-7
Section 2-23-7 Assessment of penalties against manufacturers, distributors, etc., for deficiencies
in agricultural liming materials. The board shall have authority by rules and regulations
duly adopted, as provided in this section, to provide for the assessment of penalties to be
assessed against a manufacturer, distributor or other seller responsible for such deficiency
of any agricultural liming material where such material is determined by analysis to be deficient
in its calcium carbonate equivalent, magnesium, available potassium, available phosphorous,
excessive moisture content, fineness or other minimum standards as may be established by the
board for the manufacture, distribution or sale of agricultural liming materials with reasonable
tolerances to be specified in such standards. Such rules and regulations as may be adopted
under this section relating to the assessment of monetary penalties shall provide for the
payment thereof to the purchaser-user of the liming materials;...
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2-23-5
Section 2-23-5 Inspection fee; tonnage report. (a) Each manufacturer or distributor of agricultural
liming materials shall report monthly to the commissioner, at the end of each month, on forms
provided by the commissioner, his or her gross sales in tons of such materials sold in the
State of Alabama for that month accompanied by a per ton inspection fee based on tons sold
during such month. The exact amount of the per ton inspection fee shall be established by
the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton. In
the case of a distributor's being the agent for a manufacturer at one or more locations, it
is the intent of this law that such sales be reported only once and that the fee assessed
therewith be paid only once on the same brand or type of agricultural liming material or product.
The monthly sales report of tonnage and the inspection fee due thereon shall be due and payable
to the commissioner on or before the twentieth day of each month,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-23-5.htm - 3K - Match Info - Similar pages

40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating a refinery
or terminal in Alabama shall prepare and provide to the driver of every highway vehicle receiving
motor fuel at the facility a shipping document setting out on its face the destination state
as represented to the terminal operator by the shipper or the shipper's agent. Failure to
comply with this subsection may result in a department imposed penalty of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000), to be multiplied by the
sum of the current violation plus prior violations of this subsection. (b) Every person transporting
motor fuel in Alabama in a highway vehicle other than in its supply tank shall carry on board
a shipping document issued by the facility where the motor fuel was obtained. The shipping
document shall set out on its face the state of destination of the motor fuel transported
in the highway vehicle. Violation of this subsection...
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2-23-3
Section 2-23-3 Permit required for manufacturing or distribution; fees. Every manufacturer
or distributor selling agricultural liming materials in this state shall, on or before October
1 of each year or prior to manufacture or distribution of such liming material in the State
of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished
by the commissioner. Such application shall be accompanied by a permit fee established by
the Board of Agriculture and Industries not to exceed two hundred fifty dollars ($250) and
shall show the brand name under which the liming material will be sold. If more than one type
of agricultural liming material is manufactured or distributed or the product or the brand
name is changed by a manufacturer or distributor, an additional permit fee established by
the Board of Agriculture and Industries not to exceed one hundred twenty-five dollars ($125)
for each additional brand or type of liming material must be paid. All permits...
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2-23-10
Section 2-23-10 Suspension from sale, seizure and condemnation of agricultural liming materials
offered or exposed for sale in violation of chapter, etc. The commissioner may issue and enforce
a written or printed stop sale or suspension from sale, use or removal order to the manufacturer,
owner, distributor or custodian of any lot of agricultural liming materials being held for
sale purposes and to hold such material at a designated place when such agricultural liming
material is being offered or exposed for sale in violation of any of the provisions of this
chapter until the law has been complied with and such agricultural liming material is released
in writing by the commissioner or his authorized agents or such liming material has been otherwise
legally disposed of by written or judicial authority. Any lot or other quantity of agricultural
liming material not in compliance with the provisions and requirements of this chapter or
rules and regulations duly adopted and promulgated...
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2-23-4
Section 2-23-4 Requirements as to labeling generally; false or misleading statements on package
labels; delivery slips, etc., prohibited. (a) Agricultural liming materials sold or offered
for sale in this state for use herein or sold for importation into this state for use herein
shall have affixed to each container in a conspicuous manner on the outside thereof a clearly
legible printed or stamped label, tag or statement or, in the case of bulk sales, a delivery
slip, setting forth at least the following information: (1) The name and principal office
of the manufacturer, processor or distributor; (2) The brand name of the material; (3) The
identification of the product as to the type of agricultural liming material, as defined in
subdivisions (2) through (9) of Section 2-23-2; (4) The minimum percent guaranteed by weight
passing through U. S. standard sieves as prescribed by regulations of the board; (5) The minimum
guaranteed calcium carbonate equivalent; (6) The minimum guaranteed...
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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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2-22-12
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...
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2-21-26
Section 2-21-26 Inspection, sampling, and analysis. (a) For the purpose of enforcement of this
chapter and in order to determine whether its provisions have been complied with, including
whether or not any operations may be subject to such provisions, officers or employees duly
designated by the commissioner, upon presenting appropriate credentials to the owner, operator,
or agent in charge, are authorized: (1) To enter, during normal business hours, any factory,
warehouse, or establishment within the state in which commercial feeds are manufactured, processed,
packed, or held for distribution, or to enter any vehicle being used to transport or hold
such feeds; and (2) To inspect at reasonable times and within reasonable limits and in a reasonable
manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished
and unfinished materials, containers, and labeling therein. The inspection may include the
verification of only such records, and production and...
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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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