2-9-1
Section 2-9-1 Source of fund. Wherever provision is made in 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 for the collection of any fee
or license or the imposition of any fine or penalty for the violation of any provision 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
without providing for the disposition of the proceeds derived therefrom, such proceeds shall
accrue to the Agricultural Fund. The Agricultural Fund shall include all funds available from
every source for the administration, enforcement or making effective the purposes of the provisions
of the laws included in this title or any other provision of this Code or other statute which
the Commissioner, Department or Board of Agriculture and...
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2-9-5
Section 2-9-5 Payment of salaries and expenses of commissioner, members of board, department
employees, etc. The salaries and expenses of the commissioner, members of the State Board
of Agriculture and Industries, and the salaries of the employees of the Department of Agriculture
and Industries, as otherwise fixed by law, shall be payable from the Agricultural Fund and
other funds available to said department by legislative appropriation or otherwise; provided,
that the expenses of travel and type or means of transportation of such officers and employees
and other expenses incident thereto in the performance of their official duties, as otherwise
provided by law, and proof thereof, shall be subject to rules and regulations approved by
the State Board of Agriculture and Industries as to the manner, method or system of payment.
The provisions of this section as to expenses shall also apply to experts and scientists when
performing duties as provided in this title or any other provision...
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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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2-9-6
Section 2-9-6 Requisitions and warrants for payments from fund. All expenses incurred under
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
for the operation of the department shall be paid by warrants drawn by the comptroller on
the Agricultural Fund upon the requisition of the commissioner. Said requisition shall be
itemized and sworn to and accompanied by an itemized statement of expenses by any person in
whose favor a warrant is to be drawn, verified by affidavit that such statement is correct
and such amount is unpaid, with such other information or evidence as the board may require.
Thereupon, a warrant or warrants shall be drawn by the comptroller upon the Agricultural Fund
of the State Treasury for the amounts so requisitioned. (Ag. Code 1927, §490; Acts 1935,
No. 13, p. 12; Code 1940, T. 2, §36.)...
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2-2-16
Section 2-2-16 Commissioner to enforce laws; promulgation of rules and regulations; notice.
The Commissioner of the Department of Agriculture and Industries is charged with the execution
and enforcement of the laws and provisions contained in this title and 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, and he is authorized and empowered,
with the approval of the State Board of Agriculture and Industries, to promulgate such rules
and regulations as are reasonable and necessary to accomplish the evident purpose and intent
of the law. The commissioner shall give notice of all rules and regulations promulgated as
provided in this section to all parties in interest and to all parties who are likely to be
interested in the same within 30 days after the promulgation thereof, and such rules and regulations
shall not become effective until the expiration of said...
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2-9-4
Section 2-9-4 Authority of commissioner over fund. The Commissioner of Agriculture and Industries,
with the approval of the State Board of Agriculture and Industries, shall use the Agricultural
Fund in accordance with the provisions of law for the support and expense of the regulatory,
control and administrative work of the Department of Agriculture and Industries and in such
manner as said board deems will best effect the purposes of all laws included in this title
which the Commissioner, Department or Board of Agriculture and Industries are authorized or
directed to administer or enforce. The Commissioner of Agriculture and Industries, with the
approval of the State Board of Agriculture and Industries, shall direct the expenditure of
said fund, it being the purpose of this section to vest the financial supervision and control
over the use of said fund for the work and activities assigned to the Department of Agriculture
and Industries in the manner provided by law. (Ag. Code 1927,...
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2-9-2
Section 2-9-2 Proceeding against persons delinquent in payment of license or permit fee. When
any person has been delinquent for 30 days or more in the payment of any license or permit
fee levied 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 directed
or authorized to administer or enforce, he shall be deemed to be delinquent and shall, upon
the demand of a license inspector in his county or upon demand of an inspector of the Department
of Agriculture and Industries, be required to immediately make application for such permit
or license and shall pay to such license inspector or inspector of the Department of Agriculture
and Industries a fee of 15 percent of the amount of said permit or license in addition to
the price of such permit or license. Such license inspector or inspector of such department
shall immediately forward such application with the money therefor to...
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2-1-2
Section 2-1-2 Acts or omissions of officers or agents. When construing and enforcing 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, the act, omission or failure of any officer, agent or other person acting for
or employed by any individual, partnership, corporation or by two or more individuals having
a joint or common interest shall in every case also be deemed to be the act or omission or
failure of such individual, partnership, corporation or of two or more individuals having
a joint or common interest. (Ag. Code 1927, §2; Code 1940, T. 2, §2.)...
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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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2-22-9
Section 2-22-9 Inspection fee; monthly statement; collection fee; disposition of fees; overpayments;
examination, review, audit of sales records. (a) There shall be paid to the commissioner for
all commercial fertilizer sold in this state for use therein or sold for importation into
this state for use therein an inspection fee established by the board not to exceed seventy-five
cents ($.75) per ton; provided, that sales to manufacturers or exchanges between them are
hereby exempted. Fees so collected, including permit fees and license fees levied under Sections
2-22-4 and 2-22-5, shall be deposited to the credit of the Agricultural Fund of the State
Treasury for the regulatory duties of the Department of Agriculture and Industries. (b) Every
person who sells commercial fertilizer in or for importation into this state for use therein,
who is licensed under Section 2-22-5 or where such person is required to procure such a license
shall file with the commissioner on forms furnished by the...
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