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9-11-26
Section 9-11-26 Penalty for offering to sell shellfish, wild fish, or farm-raised fish processed
with certain banned drugs. Any person, including a processor, distributor, retailer, or food
service establishment, who knowingly offers for direct retail sale for human consumption any
shellfish, wild fish, or farm-raised fish that has been processed with chloramphenicol, nitrofurans,
or similar veterinary drugs, which are used in processing some imported seafood and banned
by the United States Food and Drug Administration, shall be punished, on conviction, by a
fine of not more than ten thousand dollars ($10,000) or a sentence of not more than one year,
or both. (Act 2004-526, p. 1104, §1.)...
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22-20A-2
Section 22-20A-2 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) BOARD. The State Board of Health as defined in Section 22-2-3.
(2) DOMESTIC. Any farm-raised fish or wild fish hatched, raised, harvested, or processed within
the United States or a territory of the United States. (3) FARM-RAISED FISH. Includes farm-raised
shellfish and fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish
and includes any product of which farm-raised fish is an ingredient. (4) FOOD SERVICE ESTABLISHMENT.
Any place, vehicle, or vessel where food for individual portion service is prepared, stored,
held, transported, served, or dispensed and includes any such place regardless of whether
consumption is on- or off-premises and which is regulated by the Alabama Department of Public
Health. Hospitals, as defined in Section 22-21-20, shall be excluded from the requirements
of this article. (5) IMPORTED. Any farm-raised fish or...
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2-5A-1
Section 2-5A-1 Establishment; powers and duties. (a) The Farmers' Market Authority is established
in the Department of Agriculture and Industries. The authority shall have the powers and duties
to establish agricultural markets to prevent waste and to provide marketing facilities where
farm products, including fruits, vegetables, nuts, truck crops, and other agricultural commodities,
and fish products, including, but not limited to, farm-raised fish, shellfish, and wild fish,
may be processed, graded, packaged, displayed, or exhibited in order to encourage the buying
and selling of the commodities, and to encourage the public interest, thus promoting good
will between the rural and urban sectors of the State of Alabama. The Commissioner of the
Department of Agriculture and Industries, with approval of the Board of Agriculture and Industries,
may procure by purchase, lease, rent, gift, or otherwise, necessary market sites in this state
on which to conduct farmers' markets. (b)...
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22-20A-3
Section 22-20A-3 Suppliers and food service establishments to provide required information.
(a) Any person who supplies farm-raised fish or wild fish to a food service establishment
shall provide information of the country of origin of the product to the food service establishment
as required by federal law. The State Health Officer, upon verified complaint and in compliance
with all applicable state and federal law, shall investigate any and all reports of noncompliance
with this subsection. Upon receipt of the verified complaint, a copy of the complaint shall
be given to the food service establishment. (b) If farm-raised fish or wild fish is supplied
to a food service establishment and the fish or fish product is not required to be labeled
with the country of origin pursuant to the requirements of federal law, the supplier of the
fish or fish product or the food service establishment shall not be required to provide any
additional information to comply with this article. (c) A food...
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22-20A-4
Section 22-20A-4 Labeling requirements. Any labeling requirements as to farm-raised fish and
wild fish offered for direct retail sale for human consumption by a food service establishment
may comply with this article by stating the country of origin in lieu of the disclaimer or
notice; except, that the appropriate state name or USA or United States of America, including
a trade name or trademark, may be inserted in lieu thereof to accommodate similar products
produced in any of the states or a territory of the United States of America. (Act 2009-582,
p. 1715, §4.)...
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40-12-174
Section 40-12-174 Transient vendors and peddlers. (a) Each person travelling on an animal or
using a vehicle other than a motor vehicle, doing business as a transient vendor or peddler
as defined in this section, displaying, selling or offering to sell any goods, wares, or merchandise,
other than to a merchant for resale, shall pay a privilege license tax to the State of Alabama
of $15 and $5 for the county in each county in which such transient vendor or peddler does
business for each vehicle. (b) Each itinerant vendor or peddler of merchandise, other than
tobacco products, medicines or household remedies or liquified petroleum products, but including
persons, firms, corporations, partnerships, or cooperatives whose principal business is selling
and distributing milk and dairy products, who operates on foot or uses a vehicle solely for
the purpose of transporting merchandise from house to house or place to place but who does
not use such vehicle for the display of merchandise or as a...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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22-20A-1
Section 22-20A-1 Legislative findings. The Legislature hereby finds and declares the consumer's
right to know the source or origin of a food product for human consumption is paramount and
essential to the health, safety, and well-being of the people of this state and nation. Providing
notice to the public of whether farm-raised fish and wild fish are imported or domestic is
compelling. (Act 2009-582, p. 1715, §1.)...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer as defined
in this section and who does not pay the privilege license under Section 40-12-73 or the license
permit under Section 40-25-19 shall pay an annual license tax to the state of $30. The payment
of one state license shall authorize such transient dealer to engage in such business in any
county in the state upon the payment of a county license of $5 in each such county. When used
in this section, the words "transient dealer" shall be held to include any person
or persons who shall be embraced in any of the following classifications: All persons acting
for themselves or as an agent, employee, salesman or in any capacity for another, whether
as owner, bailee or other custodian of goods, wares, and merchandise and going from person
to person, dealer to dealer, house to house or place to place and selling or offering to sell,
exchanging or offering to exchange, for resale by a retailer, any goods,...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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