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2-26-4
Section 2-26-4 Establishment of seed division and testing laboratory; enforcement of rules
and regulations as to sale or distribution of tree or shrub seed. (a) There shall be established
within the Department of Agriculture and Industries a seed division which shall maintain facilities,
equipment, and qualified personnel to perform the seed testing, sampling, and analysis work
required to execute the provisions and requirements of this article. Any testing or analysis
required to be performed may be performed as provided in Section 2-2-33. The seed division
established and created under this section shall also perform the administrative, clerical,
and other work incident to the administration and enforcement of the provisions and requirements
of this article and such seed testing and administrative duties shall not be performed by
any other division of the Department of Agriculture and Industries; except, that the State
Board of Agriculture and Industries shall have the authority to...
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2-27-33
Section 2-27-33 Additional powers and authority. (a) In addition to the powers and authority
heretofore authorized by law pursuant to Sections 2-27-30, 2-27-31 and 2-27-32, the pesticide
residue laboratory heretofore established and now operated by the Department of Agriculture
and Industries at Auburn University shall also be authorized to obtain reliable analysis of
raw and processed agricultural products and other food products, fish, game, and other wildlife
to detect the presence of any harmful drug residues for the protection of public health, to
aid in developing and expanding markets for agricultural products, and for the protection
and production of fish and wildlife and related purposes, which activities shall be in addition
to the duties as now authorized by law for the operation of such laboratory. (b) In addition
to the testing and analysis authorized in subsection (a), testing and analysis may be performed
as authorized in Section 2-2-33. (Acts 1979, No. 79-702, p. 1250;...
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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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2-8-281
Section 2-8-281 Collection of assessments; deductions for expenses. In the event the required
number of catfish producers approve by a referendum as provided in this article the levying
of an assessment upon the sale of catfish feed for a promotional program, the Commissioner
of Agriculture and Industries shall within 30 days, notify in writing every person licensed
to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the
date designated in the notice, which shall be not less than 30 nor more than 60 days after
the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of
the assessment shall be levied on the sale of catfish feed by all distributors of catfish
feed or by their agents or representatives from the purchase price paid to the seller of the
feed where the feed is purchased within the state. All assessments so levied shall be remitted
to the Commissioner of Agriculture and Industries not later than the last day...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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2-1-6
Section 2-1-6 Refund of any funds improperly or illegally collected. In the event of improper
or illegal collection of any license or permit fee, or any other sum made in an effort to
enforce any of the provisions of this title or any other provision of this Code or other statute
which the Commissioner, Department or Board of Agriculture and Industries is authorized or
directed to administer or enforce, either as a result of a mistake of law or fact, upon the
written application of the party in interest, the comptroller, upon requisition of the commissioner
approved by the Attorney General that such sum was improperly or illegally collected and paid
into the Treasury to the credit of the Agricultural Fund, shall draw his warrant in favor
of the party in interest upon the Treasurer for the amount thus certified as improperly or
illegally collected and paid into the Treasury to the credit of said Agricultural Fund, and
the same shall be charged to and paid out of the particular fund into...
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2-11-57
Section 2-11-57 Right of entry; samples; obstructing commissioner, etc., in performance of
duty. The commissioner, in person or by deputy, shall have free access at all reasonable hours
to any building or other place wherein it is reasonably believed that farm products and fish
are marked, branded or labeled in accordance with official grades established and promulgated
by the said commissioner, with the approval of the Board of Agriculture and Industries, or
are being marketed or held for commercial purposes. He shall have power, in person or by deputy,
to open any bags, crates or other containers containing said farm products and fish and to
examine the contents thereof and may, upon tendering the market price, take samples therefrom.
Whoever obstructs or hinders the said commissioner or any of his duly qualified assistants
in the performance of his duties under this article shall be punished by a fine of not less
than $10.00 nor more than $100.00. (Acts 1969, No. 311, p. 646, ยง7.)...
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2-14-9
Section 2-14-9 Eradication or control of contagious and infectious diseases of honeybees; inspection;
fees; transfer of honeybees to hives with movable frames. The Commissioner of Agriculture
and Industries, pursuant to rules and regulations adopted and promulgated by the State Board
of Agriculture and Industries as provided in this chapter, shall have full and plenary power
to deal with American and European Foulbrood, Nosema, Isle of Wight disease, and other contagious
and infectious diseases of honeybees and to do and perform all such acts through the State
Apiarist and other agents or employees to the end that contagious and infectious diseases
of honeybees may be eradicated or controlled. The commissioner, through the State Apiarist,
may inspect all honeybees, combs, and hives being shipped or moved from this state to other
states or countries that require inspection and certification before being admitted to other
states or countries. The Commissioner of Agriculture and...
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2-15-20
Section 2-15-20 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) BOARD.
The State Board of Agriculture and Industries of the State of Alabama. (2) BRAND. Any recorded
identification mark applied to any position on the hide of livestock by means of heat, acid,
or a chemical, except numbers used to keep production records or record of age. The word "brand"
shall also mean and include tattoo marks on the hide or in the ear of livestock. (3) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama. (4) DEPARTMENT. The
Department of Agriculture and Industries of the State of Alabama. (5) LIVESTOCK. Cattle, swine,
sheep, goats, equine or equidae, ratites, and poultry. (6) LIVESTOCK HIDE DEALER. Any dealer
who buys hides of livestock. (7) LIVESTOCK MARKET. A place where a person assembles livestock
for public sale, if the person is required to procure a...
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2-2-33
Section 2-2-33 Duty to perform tests or analyses; delegation; use of results. (a) Whenever
it shall be necessary to have any tests or analyses made in order to properly execute any
law or rule and regulation under authority of law, the execution or administration of which
is a duty imposed on the commissioner or the State Board of Agriculture and Industries, the
commissioner shall make such tests or analyses or cause to be made such tests or analyses
by employees of the Department of Agriculture and Industries or as otherwise provided in subsection
(b). (b) The commissioner, with approval of the State Board of Agriculture and Industries,
may enter into agreements delegating the responsibility for laboratory tests or analyses to
any laboratory operated by the United States government or any other state government. The
commissioner may use the results of tests or analyses performed by these laboratories for
the execution or administration of any law or rule imposed on the commissioner or...
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