2-8-201
Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments
by ginner; inspection of books and records by commissioner; deductions for expenses. (a) In
the event the required number of cotton producers approve, by a referendum as provided hereunder,
the levying of an assessment upon the ginning of cotton for a promotional program, the Commissioner
of Agriculture and Industries shall, within 30 days, notify in writing every person engaged
in the business of ginning cotton in Alabama that on or after the date designated in such
notice, which shall not be less than 30 nor more than 60 days after the mailing of such notice
by the Commissioner of Agriculture and Industries, the amount of the assessment levied pursuant
to the referendum shall be collected by all ginners of cotton when such cotton is ginned within
the state. (b) For the purposes of this article, the word "ginner" shall mean any
person, partnership, corporation or cooperative association, public or...
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2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow
the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect
and review his books and records which disclose the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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2-8-209
Section 2-8-209 Enforcement duties of commissioner; revocation of certification of commission.
It shall be the duty of the Commissioner of Agriculture and Industries through the facilities
of the Department of Agriculture and Industries to enforce and collect the assessment charges
levied upon the ginning of cotton as set forth under the provisions of this article and to
enforce the rules and regulations of the State Board of Agriculture and Industries relative
thereto. The State Board of Agriculture and Industries shall have authority at any time to
revoke or cancel any approval or certification of a commission in the event it finds that
such commission is not carrying out its promotional program in accordance with the provisions
of this article and rules and regulations promulgated thereunder. Before any certification
may be revoked, the certified commission shall be given notice and an opportunity to be heard
by the State Board of Agriculture and Industries upon the question of...
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2-8-198
Section 2-8-198 Eligibility to vote in referendum; question to be voted on; votes cast by secret
ballot. Any referendum conducted hereunder may be held on a statewide basis pursuant to rules
and regulations adopted by the State Board of Agriculture and Industries for the holding of
such referendum. Every producer of cotton who shall be subject to any assessment levied hereunder
and who produced cotton in the crop year immediately preceding the referendum shall be entitled
to one vote in the referendum. In such referendum, individuals so eligible for participation
therein shall vote upon the question of whether there shall be levied an assessment for a
period of ten years in an amount set forth in the call for such referendum, which amount shall
not exceed the limitations prescribed by this article. Votes shall be cast by secret ballot.
(Acts 1981, No. 81-388, p. 586, §9.)...
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2-8-241
Section 2-8-241 Collection of assessments; deductions by first purchaser; remittance to commissioner;
inspection of books and records; commissioner to deduct percent for expenses. In the event
the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum
as provided hereunder, the levy of an assessment upon the sale of wheat, corn, grain sorghum,
and oats for a promotional program, the Commissioner of Agriculture and Industries shall,
within 30 days, notify in writing every person engaged in the business of buying wheat, corn,
grain sorghum, and oats whether said buyers are located within the State of Alabama or not,
that on or after the date designated in such notice, which shall not be less than 30 nor more
than 60 days after the mailing of such notice by the Commissioner of Agriculture and Industries,
that the amount of the assessment levied pursuant to the referendum shall be deducted by all
purchasers of wheat, corn, grain sorghum, and oats from...
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2-8-161
Section 2-8-161 Collection of assessment; deductions for expenses. In the event the required
number of egg producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of hens for a promotional program, the Commissioner of Agriculture
and Industries shall, within 30 days, notify in writing every person engaged in the business
of selling hens for the purpose of dressing, processing or reselling to processors, whether
said buyers [sellers] are located within the State of Alabama or not, that on or after the
date designated in such notice, which shall not be less than 30 nor more than 60 days after
the mailing of such notice by the Commissioner of Agriculture and Industries, that the amount
of the assessment levied pursuant to the referendum shall be added by all such sellers of
hens to the sale price thereof where such hens are purchased within the area covered by the
referendum where such hens are sold for commercial processing or where such...
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2-8-171
Section 2-8-171 Penalty; inspection of books and records. Any seller of hens who willfully
fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required
to be so remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount equal to three times the amount of the assessment he
failed or refused to remit as required under this article. The amount of any fine under this
section shall be remitted to the Commissioner of Agriculture and Industries and shall be forthwith
transferred by the commissioner to the account of the certified association entitled thereto.
Any seller of hens who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records for the
purpose of ascertaining the accuracy of amounts added and remitted as required under this
article or any seller of hens who sells hens in Alabama without...
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2-8-291
Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books
and records; injunctions. (a) Any dealer, handler, processor, buyers or other distributors
of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any distributor
of catfish feed who fails or refuses to allow the Commissioner of Agriculture and Industries
or his authorized agents and employees to inspect and review his books and records which disclose
his distributed or manufactured tonnage of catfish feed for the purpose of ascertaining the
accuracy of amounts deducted and remitted as required under this...
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2-8-62
Section 2-8-62 Penalty for failure to deduct and pay over assessment; inspection of books and
records; injunctions. (a) Any dealer, handler, processor, sales market or other purchaser
of swine who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture
and Industries any assessment required to be so deducted and remitted to the commissioner
shall be guilty of a misdemeanor and, upon conviction thereof, in addition to other penalty
provided by law, shall be fined in an amount equal to three times the amount of the assessment
he failed or refused to collect and remit as required under this article. Any purchaser of
swine who fails or refuses to allow the Commissioner of Agriculture and Industries or his
authorized agents and employees to inspect and review his books and records which disclose
his purchases of swine for the purpose of ascertaining the accuracy of amounts deducted and
remitted as required under this article shall also be guilty of a misdemeanor. The...
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2-8-91
Section 2-8-91 Collection of assessments; deductions for expenses. In the event the required
number of soybean producers approve, by a referendum as provided in this article, the levying
of an assessment upon the sale of soybeans for a promotional program, the Commissioner of
Agriculture and Industries shall, within 30 days, notify in writing every person engaged in
the business of buying soybeans, whether said buyers are located within the State of Alabama
or not, that on or after the date designated in such notice, which shall not be less than
30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture
and Industries, that the amount of the assessment levied pursuant to the referendum shall
be deducted by all purchasers of soybeans from the sale price thereof where such soybeans
are purchased within the state. The deductions of assessments as required by this article
shall be deducted by the first purchaser from the grower of the soybeans. "First...
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