Alabama Administrative Code

(1) Official Sample shall mean a sample obtained under the direction, orders and authority of official representatives of the Department of Agriculture and Industries, or official representatives of any other state, county, city, or federal agency in his official capacity. (2) Un…

The provisions of this Chapter shall not affect nor have any bearing on the following laboratories or diagnostic centers operated by and under the control of the Department of Agriculture and Industries. (a) Seed Laboratory, Montgomery. (b) Weights and Measures Laboratory, Montgo…

Fees to be charged for analysis of unofficial samples conducted at the Food, Drug and Petroleum Laboratory in Montgomery and the State Chemical and Pesticide Residue Laboratories in Auburn shall be as follows: (a) Animal Feed Samples: 1. For protein, fat and fiber - $25.00 per sa…

When the analysis of an unofficial sample reflects noncompliance with the laws and regulations enforceable by the Commissioner of Agriculture and Industries, then all remedies available under said laws and regulations for the protection of the public may be taken by the Commissio…

(1) The Commissioner of Agriculture and Industries, in his discretion, may impose reasonable fees for analysis conducted at those animal diagnostic laboratories operated by the Department of Agriculture and Industries. (2) No fees may be charged for analysis at said diagnostic la…

The purpose of this Chapter is to implement and standardize the use of pesticides in Alabama for the benefit of the citizens of this state.

For the purpose of this Chapter and to further implement and expand upon the definitions set out in Code of Ala. 1975, §§2-27-2 and 2-27-50, the following definitions should be applicable: (a) Agricultural Commodity means any plant, or part thereof, animal or animal product, prod…

(1) The practice of opening a manufacturer's sealed, properly labeled container containing pesticides and selling portions thereof in unlabeled, unsealed containers is expressly prohibited. The sale, offering for sale, or transportation of any pesticide shall be accomplished with…

(1) Every pesticide or device which is distributed, sold, offered for sale, delivered, or transported within this state shall be registered with the Alabama Department of Agriculture and Industries in accordance with registration and registration requirements of Code of Ala. 1975…

(1) Before a dealer license as required by Code of Ala. 1975, §2-27-10, is issued to any person who sells, offers for sale or distributes restricted use pesticides to purchasers including farmer users, commercial applicators, pest control operators, and other users of Restricted …

Pesticide use permits issued under the provisions of Code of Ala. 1975, §2-27-11, shall be divided into the following classes: (a) Private Applicator Permit issued to Private Pesticide Applicators. (b) Commercial Applicator Permit issued to all users of restricted use pesticides …

Applicators to which commercial pesticide applicator permits, defined in Rule 80-1-13-.06 above are issued, shall obtain their permit in one or more of the following categories: (1) Agricultural Pest Control. (a) Plant. This category includes commercial applicators using or super…

(1) Commercial Applicator Permit applicants shall be initially deemed to be competent when the applicant has taken and passed a written examination developed, given and graded by the Examining Board, created and existing under Code of Ala. 1975, §2-28-2, in the category(ies), set…

(1) No person younger than eighteen (18) years old will be permitted as a private applicator. In hardship cases, however, persons under the age of eighteen (18) may be permitted at the discretion of the Commissioner after appropriate consultations with the affected parties or the…

(1) Private Pesticide Applicator Permits shall be renewable three years from date of issue. The procedure for renewal of a private Pesticide Applicator shall be the same as for the initial permit. (2) Commercial pesticide applicator permits shall be renewable three years from dat…

(1) The Commissioner may deny the initial issuance or renewal of a Private Pesticide Applicator Permit or a Commercial Pesticide Applicator Permit when it is evident that an applicant for such permit has: (a) Failed to meet the competency standards required for issuance of a perm…

(1) The Commissioner may allow a competent person to apply restricted use pesticides when such application is under the direction of a Private or Commercial Pesticide Applicator who holds a valid permit issued by authority of these rules and regulations and such permit authorizes…

(1) To assure himself that all applicable provisions of the pesticide law and these rules are being complied with, that all pesticides are being mixed, formulated, used, and disposed of in accordance with the pesticide's labeling, that all records required are being maintained, a…

(1) Private Applicators shall not be required to keep books and records unless required by the labeling of the pesticides. (2) All commercial pesticide permit holders shall keep for a period of not less than three years books and records which shall accurately and truthfully show…

To prevent conflict between requirements of the Federal Insecticide Fungicide and Rodenticide Act as amended and rules and regulations promulgated thereunder and these rules and regulations, the Commissioner shall classify as restricted use pesticides under these rules all pestic…

(1) When a pesticide, pesticide container or device is found to be deficient or otherwise in violation of the state pesticide laws or rules and regulations promulgated thereunder, the Commissioner of Agriculture and Industries or others under his direction shall issue a stop sale…

(1) As provided under the provisions of Code of Ala. 1975, §2-27-5, bona fide public or private research institutions or agencies are exempt from the provisions of the pesticide law or this Chapter. This exemption is also extended to the manufacturer, user or shipper of a pestici…

The penalty for violation, if proven, of this Chapter shall be as provided under the provisions of Code of Ala. 1975, §2-27-16.

In accordance with the provisions of Code of Ala. 1975, §2-27-50 through §2-27-63, which regulates the custom application of pesticides by aircraft and ground equipment, the following regulations relating thereto are hereby approved and adopted by the State Board of Agriculture a…

For the purpose of this chapter the following words and phrases shall have the meaning ascribed to them in this Rule and as ascribed by Code of Ala. 1975, §2-27-50 through §2-27-63. (1) Application equipment: the entire mechanism required to dispense pesticides but shall not incl…

Supervisors shall be classified according to the type of pesticide application performed. Supervisor certification cards and Custom Pesticide Applicator Licenses shall be issued in accordance with the following categories and subcategories providing the applicant for same has met…

(1) Applicant for Supervisor in one or more of the categories given in Rule No. 80-1-14-.03 of these Rules must submit statements in writing as to training and experience in handling and application of pesticides. The minimum requirement for an applicant shall be: working under t…

(1) An applicant for a license shall have each place of business he/she operates in Alabama under the direct supervision of a Supervisor. The Supervisor so named for each place of business shall be responsible for licensee's custom pesticide application administered through that …

(1) Licensee's application equipment shall at all times be maintained in proper functional condition consistent with the type of dispensing equipment being used. The application equipment shall be properly calibrated as to the type of pesticide(s) and methods of application to be…

(1) Based on evidence presented at a hearing before the Commissioner, the Commissioner may, with approval of the Board, declare an area or locality, described by prominent geographical features, as a pesticide management area in which custom pesticide application shall not be per…

(1) Licensee must maintain, for a minimum of three years, records of pesticide applications made in Alabama. These records shall be completed within 72 hours after each application or sooner if requested by the Commissioner or his designated representative for the purposes of a p…

No person, method, procedure or type of application equipment used for aerial application of pesticides shall be exempt from any of the provisions of this Section except as stated herein: (1) Persons exempted under Section 2-27-52, Code of Ala. 1975, are also exempted under this …

The following pesticides and their use restrictions have been designated as restricted use pesticides by Code of Ala. 1975, §2-27-1, et seq. All formulations and concentrations of the pesticides, unless otherwise noted, are restricted: PesticideUse RestrictionAcrolein Aldicarb Al…

All pesticides classified as restricted by the United States Environmental Protection Agency under requirements of the Federal Insecticide, Fungicide and Rodenticide Act are also designated as restricted use pesticides under the Alabama Pesticides Act of 1971.

The purpose of this Chapter is to provide standards and minimum specifications for gasoline and gasohol so that their sale, storage or use in Alabama is satisfactory and efficient for the purpose under which the products are sold.

The standards set forth in this Chapter shall be applicable to all gasoline and gasohol sold or offered for sale in Alabama after the effective date of this Chapter.

Specifications for gasoline, unless noted, shall be determined in accordance with the test methods presented in the latest edition of The American Society For Testing and Materials Standards, hereinafter designated as ASTM, and those specifications that are published by the Unite…

Gasohol as defined by Code of Ala. 1975, §40-17-130, shall meet all of the specifications, where applicable, for gasoline set out in Rule 80-1-16-.03 above.

(1) Any manufacturer, hauler, blender, agent, jobber, consignment agent, or distributor who distributes motor vehicle fuel products which contain at least one percent alcohol must state on any invoice, bill of lading, shipping paper, or other documentation used in normal customar…

The required labeling for gasoline under Chapter 80-1-16, Ala. Admin. Code, shall be conspicuously displayed on both sides of the dispensing device which faces the vehicle, in conformity with Rule 80-13-1-.05, Ala. Admin. Code.

(1) All dispensing devices which dispense gasoline, as defined in Code of Ala. 1975, §8-17-80(a)(1), in addition to any other labeling as required by law or regulation, shall be labeled with the brand name of the product, as registered with the Department of Agriculture and Indus…

All dispensing devices which dispense gasoline, gasohol or any motor fuel defined as gasoline under Code of Ala. 1975, §8-17-80(a)(1), shall have posted on said dispensing device an octane rating or number. This octane rating or number required to be posted shall comply with the …

(1) Any dispensing device which is used to dispense gasoline as defined in Code of Ala. 1975, §8-17-80(a)(1), which contains more than one percent, by volume, of any ethanol or methanol shall also be labeled on both sides of the dispensing device, which face the vehicle, as follo…

In addition to the requirements for registration of petroleum products set out in Code of Ala. 1975, §8-17-8, all gasoline must also be registered as follows: (a) All gasoline containing more than one percent ethanol or methanol and so labeled in accordance with Chapter 80-1-16, …

All gasoline sold, offered for sale, or delivered at retail in barrels, casts, cans, or other containers shall be labeled in accordance with the provisions of Chapter 80-1-16, Ala. Admin. Code. This requirement shall not apply to containers supplied by the purchaser and dispensed…

Gasoline as defined in Code of Ala. 1975, §8-17-80(a)(1), shall be deemed misbranded and falling below standards if the dispensing device, or can, or other container required to be labeled bears any statement, design, or device that is false or misleading in any manner. Products …

The purpose of this Chapter is to provide standards for kerosene, as defined under the provisions of Code of Ala. 1975, §8-17-80(3), so that its sale, storage and use in Alabama is satisfactory and efficient for the purpose under which the product is sold.