Code of Alabama

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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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8-16-90
Section 8-16-90 Prohibited acts generally. Any person who, by himself or his servant or agent,
or as the servant or agent of another person, shall offer or expose for sale, sell, use in
the buying or selling of any commodity or thing or for hire or reward or in the computation
of any charge for services rendered on the basis of weight or measure when a charge is made
for such determination, retain in his possession a false weight or measure or weighing or
measuring device or any tool or appliance used in connection therewith which has not been
sealed by the Commissioner of Agriculture and Industries or by a local sealer of weights and
measures within one year, shall dispose of any condemned weight, measure or weighing or measuring
device contrary to law, remove any tag placed thereon by the commissioner or a local sealer,
who shall sell or offer or expose for sale less than the quantity he represents of any commodity,
thing or service, shall take or attempt to take more than the...
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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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8-16-12
Section 8-16-12 Possession of altered, etc., weight, measure or device prima facie evidence
of guilt. In all prosecutions for the violation of any laws relating to weights and measures,
the possession of a weight, measure or weighing or measuring device which has been altered,
changed or in any manner tampered with so that the same shall give a false or wrong weight
or measure in either buying or selling any commodity, thing or service shall be prima facie
evidence of the guilt of the person having the same in possession. (Ag. Code 1927, §244;
Code 1940, T. 2, §602.)...
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8-16-8
Section 8-16-8 Weights or measures corresponding with standards to be sealed or marked. Whenever
the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares
weights, measures or weighing or measuring devices and finds that they correspond, or causes
them to correspond, with the standards in his possession, he shall seal or mark such weight,
measure or weighing or measuring device with appropriate devices to be approved by the commissioner.
(Ag. Code 1927, §237; Code 1940, T. 2, §596.)...
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8-16-15
Section 8-16-15 Rules and regulations; fees. (a) The Board of Agriculture and Industries shall
have the right and power to adopt and promulgate all reasonable and necessary rules and regulations
for the better enforcement of the provisions of law relative to weights and measures and the
sale of commodities, things, or service by weight or measure, and to establish a fee payable
annually by all individuals or entities subject to this section not to exceed one hundred
fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section
which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection
fee for those individuals and entities utilizing measuring devices measuring 30 pounds or
less shall be based upon a sliding scale broken into 5 categories based upon the total dollar
volume of each individual or entity with the minimum rate not to exceed twenty-five dollars
($25) and the maximum not to exceed one hundred fifty dollars...
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2-2-31
Section 2-2-31 Seizure and condemnation of adulterated, misbranded or substandard article.
Any article, substance, material or product which is subject to the provisions of this article
which is adulterated, misbranded or under the standard, grade, weight or measure claimed,
within the meaning of any provision of law or rules and regulations under authority of law,
and which is manufactured for sale, held in possession with intent to sell, offered or exposed
for sale or sold or delivered within this state shall be liable to be proceeded against in
the circuit court of the county where the same is found and seized for confiscation by writ
of attachment for condemnation. Such writ shall issue upon the sworn complaint of the commissioner
or his duly authorized agent, taken by an officer authorized to administer an oath, to the
effect that such article or product is adulterated or misbranded or is under the standard,
grade, weight or measure claimed, as the case may be, within the meaning...
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8-16-123
Section 8-16-123 Revocation, suspension, etc., of registration; grounds; notice; appeal. The
commissioner may revoke, suspend or refuse to renew the registration of service persons or
scale mechanics if he determines that the person has failed to abide by the rules and regulations
promulgated under this law or has removed a condemnation tag, for purpose other than that
of repair, or no longer qualifies under the above rules and regulations. The taking of unfair
advantage of an owner of a weighing or measuring device or unsatisfactory work in repairing
said devices shall also constitute grounds for refusing to register, revocation, suspension
or nonrenewal of the registration. The Commissioner of Agriculture and Industries shall give
at least 10-days' written notice by certified mail to the concerned person prior to refusing
to register, revocation, suspension or nonrenewal of the registration. The notice shall set
out the specific grounds under which the action was taken. The...
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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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