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2-26-11
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for
sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed
unless the test to determine the percentage of germination required by Section 2-26-7 shall
have been completed within a nine-month period, exclusive of the calendar month in which the
test was completed, immediately prior to sale or offering for sale, transportation or distribution;
provided, however, that the State Board of Agriculture and Industries shall have authority
under rules and regulations adopted under this article to prescribe a shorter required test
period when deemed necessary to meet seasonal conditions with respect to certain seed; provided
further, that the State Board of Agriculture and Industries shall also have authority pursuant
to rules and regulations to prescribe a longer period of time for the test required to determine
the percentage of germination for agricultural and...
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2-26-5
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes for
sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree,
shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such
seed in the State of Alabama shall, before selling or offering such seed for sale or distributing
or soliciting orders for the sale of such seed and on or before January 1 of each year secure
an annual permit from the Commissioner of Agriculture and Industries to engage in such business.
Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed
by the commissioner, and such permit shall be issued upon the payment of the following permit
fees when the application is in proper form: (1) For each person engaged in selling seed at
retail in closed containers or packets of eight ounces or less displayed on a supplemental
container display, a permit fee established by the Board of...
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2-26-7
Section 2-26-7 Requirements as to labeling of containers in which seed sold, distributed, etc.
(a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which
is sold, offered for sale, exposed for sale or distributed within this state for planting
or sowing purposes shall have attached thereto in a conspicuous place a plainly written in
ink or printed label of a size not less than 2 3/8 x 4 3/4 inches in the English language,
giving information for the following items: a. Commonly accepted name, kind and variety (of
those crops for which commercial varieties have been developed) of each agricultural seed
component in excess of five percent of the whole, subject to tolerances as provided in Section
2-26-3, and the percentage by weight of each in the order of its predominance. Where more
than one component is required to be named, the word "mixture" or the word "mixed"
shall be shown conspicuously near the top of the label or tag in type of not less than 8...
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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, ยง11.)...
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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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2-26-1
Section 2-26-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual,
partnership, corporation, company, society, association or agency. (2) AGRICULTURAL SEED.
The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly
recognized within this state as agricultural or field seeds and mixtures of such seeds. (3)
VEGETABLE SEED. The seeds of those crops which are grown in gardens or on truck farms and
are generally known and sold under the name of vegetable seeds in this state. (4) FLOWER SEED.
The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes,
and which are generally known and sold under the name of flower seed in this state. (5) TREE
AND SHRUB SEED. The seeds of woody plants commonly known and sold as tree or shrub seeds in
this state. (6) WEED SEEDS. The seeds, bulblets and tubers...
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2-26-2
Section 2-26-2 Powers and duties of commissioner generally. It shall be the duty of the Commissioner
of Agriculture and Industries, who may act individually or through his authorized agents to:
(1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub
and flower seeds transported, sold, offered or exposed for sale or distributed within this
state for sowing or planting purposes, at such time and place and to such extent as he may
deem necessary to determine whether said seeds are in compliance with the provisions of this
article and notify promptly the person who transported, sold, offered or exposed the seed
for sale of any violation; (2) Enter upon any public or private premises during regular business
hours in order to have access to seeds subject to this article and the rules and regulations
thereunder; (3) Issue and enforce a written or printed "stop-sale," "suspension
from sale" or "nonuse" order to the owner or custodian of any lot of...
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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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2-26-10
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-26-10.htm - 3K - Match Info - Similar pages
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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