40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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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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2-25-10
Section 2-25-10 Introduction into state of live plant pests, etc., or specimens of disease
injurious to plants; special permit. The introduction into this state of any live plant pest,
noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except
under a special permit issued by the commissioner is hereby prohibited. He shall be the sole
issuing agency for such special permits. (Ag. Code 1927, §301; Code 1940, T. 2, §461; Acts
1991, No. 91-632, p. 1179, §9.)...
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2-13-13
Section 2-13-13 Misbranded ice cream. For the purpose of this article, ice cream shall be deemed
to be misbranded: (1) If the label, brand, tag or notice under which it is sold is false or
misleading in any particular as to the kind, grade or quality or composition of such ice cream;
(2) If it is sold as the product of one manufacturer when in reality it is the product of
another manufacturer; or (3) If on the label, brand, tag or notice under which it is sold
there is any false statement concerning the sanitary conditions under which it is manufactured.
(Ag. Code 1927, §60; Code 1940, T. 2, §198.)...
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2-26-10
Section 2-26-10 Maintenance, inspection, etc., of records as to receipt, sale and delivery
of seeds generally; maintenance of sales records by retail sellers; maintenance of bills of
lading, waybills, etc., by trucks, etc., transporting seed for sale, etc.; auditing of records
of receipts, sales and deliveries of seeds. (a) Records of receipts, sale and delivery of
all seed, other than retail sales and deliveries by a dealer, except as provided in subsection
(b) of this section, shall be kept readily accessible for examination by an authorized agent
of the Department of Agriculture and Industries. These records shall include invoices, bills
of lading or transportation records and a copy of the labeling information, and these records
must show the lot numbers. Such records must be made available to the inspectors within 10
days after receipt of seeds which said records cover. Such records as are surrendered shall
be duplicated and a copy left with the owner or party in question. Records...
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2-26-14
Section 2-26-14 Exemptions from article. The provisions of this article do not apply to: (1)
Seed when sold directly to and in the presence of the consumer and taken from the container
properly labeled in accordance with the provisions of this article, but this provision shall
in no way exempt the vendor from the analysis given on the tag or label attached to any container;
(2) Seed or grain not intended for sowing or planting purposes if proper indication of such
intention is shown; (3) Seed in storage in or consigned to a seed-cleaning or processing establishment
for cleaning or processing; provided, that for seed to be processed and stored in the same
room from which seed are delivered for planting, sowing or resale, each bag shall bear a label
or there shall be displayed a large placard with the following words "For Processing
- Not for Sale;" further provided, that seed held in storage for interstate shipment
need be labeled only with a lot number supported by an analysis in...
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2-26-15
Section 2-26-15 Seed inspection fees; reporting. (a) The Board of Agriculture and Industries
may adopt seed inspection fees. The department shall administer the inspection fees, prescribe
and furnish forms, and require the filing of reports necessary for the payment of the inspection
fees. The department may inspect the record of any person who sells or distributes seed for
sale during the normal hours of business operation as it deems necessary. (b) All fees collected
under this section shall be deposited into the Agricultural Fund in the State Treasury. The
commissioner may expend revenue raised by this section for the support of the Alabama State
Seed Laboratory. (c) Every person who sells or distributes seed for sale, whether in bulk
or in containers, within the state or into the state for planting purposes, shall be assessed
a seed inspection fee as established by the board. (d) Every person who sells or distributes
seed for sale shall do all of the following: (1) Pay an...
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2-26-3
Section 2-26-3 Promulgation of rules and regulations by state board. (a) The State Board of
Agriculture and Industries shall have power to prescribe and, after public hearing following
due public notice, to adopt rules and regulations governing the method of sampling, inspecting,
analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed
and the tolerances and limitations to be followed in the administration of this article, to
add to or subtract from the list of noxious weeds, to adopt or amend standards for vegetable,
flower, tree, shrub and herb seed, to increase or lower the standards for seeds when found
to be in the best interest of users of seed and to meet emergencies, to adopt sizes of containers
for seed sold, offered for sale or distributed in Alabama, to establish reasonable limitations
as to the number of bags or other containers of seed in any one lot of seed sold, offered
for sale or distributed in Alabama and such other rules and...
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2-26-30
Section 2-26-30 Promulgation of rules and regulations for removal, etc., of fungi and noxious
weeds from seeds and small grains by commissioner. The Commissioner of Agriculture and Industries,
with the approval of the State Board of Agriculture and Industries, is hereby authorized to
promulgate and adopt rules and regulations for the purpose of eradicating and preventing the
spread of fungus growths and diseases from seed and small grains used for planting purposes
and the removal of noxious weeds from agricultural and vegetable seed and small grain used
for planting purposes by requiring that persons, firms, partnerships, corporations and associations
engaged in cleaning or otherwise processing seed shall process, clean or treat such seed and
small grains in a manner whereby fungi, diseases and noxious weeds will be eradicated or removed
from such seed and small grain prior to the packaging, shipping or sale thereof to growers.
Rules and regulations adopted under this section may...
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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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