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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury,
death, or property damage caused by the manufacture, construction, design, formula, preparation,
assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling
of a manufactured product when such action is based upon (1) negligence, (2) innocent or negligent
misrepresentation, (3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's
liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied
warranty, or (6) breach of any oral express warranty and no other. A product liability action
does not include an action for contribution or indemnity. (b) No product liability action
may be asserted or may be provided a claim for relief against any distributor, wholesaler,
dealer, retailer, or seller of a product, or against an individual or business entity...
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6-5-501
to business, sells or otherwise distributes a manufactured product (a) prior to or (b) at the
time the manufactured product is first put to use by any person or business entity who did
not acquire the manufactured product for either resale or other distribution in its unused
condition or for incorporation as a component part in a manufactured product which is to be
sold or otherwise distributed in its unused condition. (2) PRODUCT LIABILITY ACTION. Any action
brought by a natural person for personal injury, death, or property damage caused
by the manufacture, construction, design, formula, preparation, assembly, installation, testing,
warnings, instructions, marketing, packaging, or labeling of a manufactured product when such
action is based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the
manufacturer's liability doctrine, (d) the Alabama extended manufacturer's liability doctrine,
as it exists or is hereafter construed or modified, (e) breach of any...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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40-23-260
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations
such as warehousing, shipping, and storage of product, and who holds a license pursuant to
Section 40-23-6 or 40-23-66. (5) SELLER. A manufacturer, wholesaler, or distributor of beer,
wine, or tobacco products who sells to a retailer in this state. The term also includes a
wholesale club or warehouse club that sells tobacco under a membership. (c) For the purpose
of enforcing the collection of taxes levied by this chapter, on the sale of...
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8-20-7.1
Section 8-20-7.1 Compensation of dealers for recall repairs. (a) For the purposes of this section,
the following words have the following meanings: (1) MANUFACTURER. A manufacturer, distributor
or wholesaler, factory branch, or distributor branch. (2) STOP-SALE ORDER. A notification
issued by a manufacturer to its franchised new motor vehicle dealers stating that certain
used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due
to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts
required by the manufacturer to perform recall repairs. Compensation for recall repairs shall
be reasonable. If parts or a remedy are not reasonably available to perform a recall service
or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles
of the same line-make within 30 days of the manufacturer issuing the...
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34-23-1
Food and Drug Administration has made either a determination of licensure based on standards
for interchangeability pursuant to 42 U.S.C. ยง262(k)(4), or a determination of therapeutic
equivalence based on the latest edition of or supplement to the federal Food and Drug Administration's
publication Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book).
(10) INTERN. An individual who is currently licensed by this state to engage in the practice
of pharmacy while under the personal supervision of a pharmacist and is satisfactorily
progressing toward meeting the requirements for licensure as a pharmacist, a graduate of an
approved college of pharmacy who is currently licensed by the board for the purpose of obtaining
practical experience as a requirement for licensure as a pharmacist, or a qualified applicant
awaiting examination for licensure. (11) LEGEND DRUG. Any drug, medicine, chemical, or poison
bearing on the label the words, "Caution, federal law prohibits...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product manufacturer
selling cigarettes to consumers within the state, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the
following: (1) Become a participating manufacturer, as that term is defined in Section II(jj)
of the Master Settlement Agreement, and generally perform its financial obligations under
the Master Settlement Agreement. (2) a. Place into a qualified escrow fund, by April 15 of
the year following the year in question, the following amounts, as such amounts are adjusted
for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712 per unit
sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through 2006: $.0167539
per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit sold. b. A tobacco
product manufacturer that places funds into escrow pursuant to...
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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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6-5-332.1
Section 6-5-332.1 Immunity of persons assisting or advising as to mitigation of effects of
discharge of hazardous materials; nonimmunity of certain persons. (a) As used in this section,
the following words and terms shall have meanings respectively ascribed to them by this section:
(1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes
all materials and substances which are now or hereafter designated or defined as hazardous
by any state or federal law or by the regulations of any state or federal government agency.
(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other
entity. A qualified individual is one who is trained in the handling of hazardous materials.
(b) Notwithstanding any provision of law to the contrary, no person, including a response
action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating
or attempting to mitigate the effects of an actual or threatened...
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