Code of Alabama

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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation,
or other legal entity who engages in any act or practice that violates this article is liable
for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any
person, corporation, or other legal entity who violates the terms of an injunction or order
issued under this article shall forfeit and pay a civil penalty of not more than seventy-five
thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose
of this section, any court issuing an injunction or order under this article shall retain
jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions
in subsection (b), and upon petition by the Attorney General,...
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2-13-92
Section 2-13-92 Right of entry of commissioner; investigations and inspections; examination
of records; resisting or interfering with commissioner. The Commissioner of Agriculture and
Industries and inspectors, employees and agents of the Department of Agriculture and Industries
shall have power and authority to enter upon any premises where milk being or having been
shipped or transported into the State of Alabama is processed, bottled, collected, cooled
or otherwise handled or to stop and inspect any truck or other vehicle transporting milk into
this state, except as provided in this article, to be sold or offered for sale in this state
and to make such investigations, examinations or inspections as may be necessary to determine
whether such milk, cream, milk products or by-products thereof being shipped or transported
into this state are produced, distributed, processed or otherwise handled in accordance with
the requirements of this article and rules and regulations promulgated...
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8-16-96
Section 8-16-96 Milk and cream bottles and containers - Penalty for selling or using noncomplying
containers. (a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles
or containers to be used in the state that do not comply as to size and marking with the provisions
of this article shall suffer a penalty of $500, to be recovered by the Attorney General in
an action against the offender's bondsman, to be brought in the name of the state in the Circuit
Court of Montgomery County, Alabama. (b) Any dealer who offers for sale, or who uses for the
purpose of selling, milk or cream jars, bottles or containers that do not comply with the
requirements of this article as to markings and capacity shall be guilty of offering for sale
or using a false or insufficient measure. (Ag. Code 1927, §249; Acts 1935, No. 13, p. 12;
Code 1940, T. 2, §607.)...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in possession
of any article, substance, material or product, the sale of which is regulated under 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, by any person who manufactures, sells, keeps for sale, offers or exposes for sale,
serves, distributes or delivers the same shall be prima facie evidence of having in possession
with intent to sell, except, that this section or any of the penalties set forth in this title
or other such statute shall not apply to any common carrier when said article, substance,
material or product was received by said carrier for transportation in the ordinary course
of business and without actual knowledge of the adulteration, misbranding or under standard
grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
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9-17-32
Section 9-17-32 Penalty for violations of provisions of article, rules, etc.; penalty applicable
to each prohibited transaction relating to illegal oil, gas, or product; penalty for aiding
or abetting violations of provisions of article, rules, etc.; payment of fine not to abridge
private causes of action for damages for violations of rules, etc. (a) Any person who knowingly
and willfully violates any provision of this article, or any rule, regulation or order of
the board made under this article shall, in the event a penalty for such violation is not
otherwise provided for in this article, be subject to a fine not to exceed $10,000.00 a day
for each and every day of such violation and for each and every act of violation, such fine
to be recovered by a civil action in the circuit court of the county where the defendant resides,
or in the county of the residence of any defendant if there is more than one defendant, or
in the circuit court of the county where the violation took place....
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2-15-211
Section 2-15-211 Feeding of garbage to swine. (a) It shall be unlawful for any person, municipality,
county, political subdivision, governmental agency or department, institution, individual,
partnership, corporation, association, other entity or organization to feed garbage to swine.
(b) For the purposes of this section, "garbage" means putrescible animal and vegetable
waste resulting from the handling, preparation, cooking and consumption of foods including
animal and fowl carcasses or parts thereof; provided, that citrus pulps, pea vines, bakery
waste, candy kitchen waste and dairy products waste from milk processing plants shall not
be included in this definition when such waste has not been mixed with or in contact with
other animal or vegetable waste. (c) This section shall not apply to any person who feeds
only his own household garbage to swine. (d) Whoever violates this section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00...
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2-8-381
Section 2-8-381 Definitions. As used in this article the following words shall have the following
meanings: (1) DEPARTMENT. The Department of Agriculture and Industries. (2) GROWER. Any person,
business entity, or cooperative licensed to grow industrial hemp by the department or an institution
of higher education pursuant to this article. (3) HEMP PRODUCTS. Any and all products made
from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint,
paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for
cultivation if the seeds originate from industrial hemp varieties. (4) INDUSTRIAL HEMP or
HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof
and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
cultivated or possessed by a licensed grower or otherwise in accordance with the state's USDA-approved
regulatory plan, whether growing or not, with a...
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20-1-130
Section 20-1-130 Definitions generally. For the purpose of this article, the following words
and phrases shall have the meanings indicated, unless the context clearly indicates a different
meaning: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of
Alabama. (2) PERSON. Any individual, partnership, corporation, or association, whether or
not incorporated. (3) FOOD FATS. Edible, natural fats derived from vegetable or animal sources
or a combination thereof, including only such milk fat as is normally contained in products
enumerated in subdivision (4) of this section. Food fats as defined in this subdivision may
contain harmless optional ingredients in an amount not exceeding .005 percent of the weight
of the fat used to prevent fat oxidation. (4) MILK SOLIDS NOT FAT. Any skim milk, concentrated
(evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed
skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet...
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9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board;
imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could
cause a danger to the public or to a liquefied petroleum gas user, the board or the board
administrator shall have the administrative authority to issue a written directive order requiring
any person who violates any of the provisions of this article as amended from time to time
or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas
business or LP-gas system immediately and prohibit such person from commencing operations
until said violations have been corrected. When a written directive is issued by the board
or the board administrator, it shall be immediately complied with by the recipient. When a
directive order has been issued against a person, the recipient may, within five days, appeal
to the circuit court of the county in which the said violations occurred....
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