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8-16-94
Section 8-16-94 Weight per bushel or barrel of certain commodities established by custom of
marketplace; Commissioner of Agriculture and Industries authorized to promulgate rules concerning
weights per bushel or barrel. (a) Whenever any commodities shall be sold or delivered and
no special written contract or agreement shall be made to the contrary, if sold or authorized
to be sold by the bushel or barrel, said bushel or barrel of such commodities shall be the
weight per bushel or barrel as is generally recognized and accepted in the marketplace, and
the fractional part of the bushel or barrel shall be the corresponding fractional part of
the weight per bushel or barrel as is generally recognized and accepted in the marketplace
for such commodity. (b) All such commodities shall be bought or sold by actual weight unless
otherwise agreed to in writing between the seller and buyer; provided, however, that any of
such commodities may be sold by numerical count; and provided further, that...
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8-16-70
Section 8-16-70 Appointment. (a) The Commissioner of Agriculture and Industries is authorized
to designate and appoint any competent employee or agent of the State Department of Agriculture
and Industries or United States Department of Agriculture to weigh or supervise the weighing
of any agricultural commodities which are to be sold on the basis of weight; and such employees
or agents so appointed may be designated or appointed by the commissioner as public weighmasters;
provided, that such employees or agents shall comply with all of the provisions of this article
required for the appointment of weighmasters. (b) Weight certificates issued by such employees
appointed under this section shall be issued in accordance with the provisions and requirements
of this article governing public weighmasters. (Acts 1956, 2nd Ex. Sess., No. 25, p. 295,
§1.)...
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2-11-92
Section 2-11-92 Stations for inspection; grade certificates. The commissioner, with the approval
of the Board of Agriculture and Industries, may establish official stations for the inspection
of grain at any town or place where grain is bought, sold, marketed, stored or manufactured.
The commissioner shall inspect and grade upon request all grain sold, offered for sale or
consigned for sale. He shall issue a uniform grade certificate stating the kind and grade
of grain, test weight per bushel and the reason for all grade below number one and such other
facts as he may require. None of the facts certified in such certificate shall be presumed
to continue or exist beyond 60 days after the date of such certificate. Certificates issued
by authorized agents of the commissioner shall be received in all courts of the State of Alabama
as prima facie evidence of the truth of the statements therein contained at the time of the
issuance of said certificate and for 60 days thereafter. Such...
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8-16-7
Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within
the state, the county sealer within the county and the city sealer within the city shall have
the power and it shall be their duty to inspect, test, try, and ascertain if they are correct
all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale,
sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption purchased or offered or submitted
for sale, hire, or reward, in computing any charge for services rendered on the basis of weight
or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect
packages or amounts of commodities of whatsoever kind...
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2-21-17
Section 2-21-17 Definitions. When used in this chapter or in rules and regulations promulgated
thereunder, the following words and terms shall have the meaning ascribed to them, except
where the context clearly indicates otherwise: (1) BRAND NAME. Any word, name, symbol or device,
or any combination thereof, identifying the commercial feed of a distributor or licensee and
distinguishing it from that of others. (2) COMMERCIAL FEED. Such term includes customer-formula
feed, as this term is used in this chapter, and means any material whether simple, mixed compound,
ground, unground, organic or inorganic, used as a feed for animals other than man or any material
including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and
other substances, materials or elements, or parts thereof intended for use or used as an ingredient
or component of a mixture of materials, used as a feed for animals other than man; provided,
that the commissioner, with approval of the board...
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2-27-14
Section 2-27-14 Prohibited acts. (a) It shall be unlawful for any person to distribute, sell,
offer for sale or keep for sale within the state or deliver for transportation or transport
in intrastate commerce or between points within this state through any point outside this
state any of the following: (1) Any pesticide or device which has not been registered pursuant
to the provisions of Section 2-27-9, or any pesticide if any of the claims made for it or
any of the directions for its use differ in substance from the representations made in connection
with the registration or if the composition of a pesticide differs from its composition as
represented in connection with its registration; provided, that in the discretion of the commissioner,
a change in the labeling of a pesticide may be made within a registration period without requiring
reregistration of the pesticide. (2) Any pesticide or device, unless it is in the registrant's
or the manufacturer's unbroken immediate container...
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2-15-64
Section 2-15-64 Equipment and facilities required for markets; promulgation of rules and regulations
by commissioner as to operation of markets generally. (a) Every livestock market operating
under this division shall have adequate and proper facilities for handling livestock, which
shall include proper pens for holding and segregating animals properly protected from the
weather; an adequate sanitary water supply; satisfactory scales, such scales to be approved
by the division of weights and measures, Department of Agriculture and Industries or its successor
in duties; concrete-floored pens for holding cattle to be tested, treated or sprayed; and
adequately constructed and designated quarantine pens for segregating and testing livestock
that might be affected with or exposed to a contagious or infectious disease. Necessary chutes
for handling cattle must be provided. If feeder or breeder swine are handled, concrete or
other impervious floored pens must be provided that will keep this...
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8-16-120
Section 8-16-120 Registration authorized; purpose. For the benefit of users, manufacturers
and distributors of commercial weighing and measuring devices used in selling commodities,
things or service by weight or measure, the Commissioner of Agriculture and Industries is
empowered to register certain persons skilled in repairing, servicing or installing said devices.
Service persons or scale mechanics that become registered may remove condemnation tags placed
on weighing and measuring devices by the Commissioner of Agriculture and Industries or local
sealers, for the purpose of repair. The removal of condemnation tags by registered service
persons or scale mechanics for the specific purpose of repairing devices shall not constitute
a violation of Section 8-16-90, but the removal of said tags by registered service persons
or scale mechanics for purposes other than repair shall constitute a violation of Section
8-16-90. (Acts 1984, No. 84-256, §1.)...
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8-16-10
Section 8-16-10 Seizure for evidence of incorrect, false, or unsealed weight, measure, device,
package, or commodity. The Commissioner of Agriculture and Industries or any local sealer
of weights and measures is authorized and empowered to seize for use as evidence, without
formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring
device, package, or amount of commodity found to be used, retained, or offered or exposed
for sale, or sold in violation of the law. (Ag. Code 1927, §239; Code 1940, T. 2, §598.)...
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8-16-93
Section 8-16-93 Net quantities of contents of packages to be marked on outside. (a) It shall
be unlawful to keep for the purpose of sale, offer or expose for sale or sell any commodity
in package form unless the net quantity of the contents is plainly and conspicuously marked
on the outside of the package in terms of weight, measure or numerical count; provided, however,
that reasonable variations or tolerances shall be permitted, and that these reasonable variations
and tolerances shall be established by rules and regulations made and promulgated by the State
Board of Agriculture and Industries; and provided further, that this section shall not be
construed to apply to those commodities in package form, the manner of sale of which is specifically
regulated by the provisions of other sections of this chapter. (b) The words "in package
form," as used in this section, shall be construed to include a commodity in a package,
carton, case, can, box, barrel, bottle, phial or other receptacle...
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