Alabama Administrative Code

(1) An "Equivalent number" shall be determined using a factor that takes into account the number of packages, case lots, containers or such other packaging and the length of time said products have passed an expiration date. The following factors shall be used to determine an "eq…

(1) In addition to the terms listed in §20-1-20 (definitions) for (14) open-date-statements, the following list of terms and other terms with similar import, shall also be included and considered as open-date statements: (a) "For full fresh flavor use by" (b) "For best quality pu…

(1) Potentially Hazardous Food as defined in subparagraph 1-201.10(B)(61) Food Code, 1999 recommendations of the United States Public Health Service Food and Drug Administration, National technical Information Service Publication PB 99-115925 and the same is hereby adopted and fu…

(1) The following includes, but for enforcement purposes, is not limited to, a list of examples considered to be potentially hazardous foods, and some exceptions. (a) All Meat products requiring refrigeration to include but not limited to the following: 1. Fresh or frozen raw mea…

(1) Packages of potentially hazardous foods bearing an open date statement are not to be repacked or relabeled or otherwise altered in a manner that would change the open date statement originally placed on the package. It is not permissible to reprocess products by freezing, sli…

Information affixed to containers of meat and poultry food products and case lots of other food products that is not a part of the approved label and is not intended to address quality or condition of the product such as pic labels, routing slips, tracking stickers and similar de…

(1) These rules apply to the initiation, hearing and resolution of certain contested cases of the State Department of Agriculture and Industries under the Alabama Administrative Procedure Act. These rules apply to actions governed by Code of Ala. 1975, §§20-1-1 through 20-1-37 an…

(1) Service of any document required to be served on a food safety permittee or other party pursuant to the provisions of the Administrative Procedure Act in those contested cases, Code of Ala. 1975, §§41-22-1, et seq., taken under these rules may be made by any of the following …

Time within which an Act must be done under the provisions of these rules shall be computed in the manner prescribed by Code of Ala. 1975, §1-1-4.

(1) A contested case is an action whereby a food safety permittee or prospective permittee, or other affected person is aggrieved by an action of the staff of the Department of Agriculture and Industries. Such actions include: the granting or denial of food safety permits; the ch…

The only evidence that the Hearing Officer shall consider in making a finding of shall be sworn testimony and exhibits accepted in the hearing or as otherwise agreed upon among the parties. (a) Hearsay Evidence. Hearsay testimony shall be allowed in any hearing so long as it has …

(1) Upon timely application therefor filed with the General Counsel, any affected person shall be permitted to intervene in any hearing to contest an administrative action of the Department when a statute confers an unconditional right to intervene, or when the applicant has an i…

The Commissioner of Agriculture and Industries may order consolidation, in whole or in part, of two or more hearings to contest an administrative action of the Department whenever it appears that such consolidation would expedite or simplify consideration of the issues and no par…

Informal settlement conferences before the staff of the Department of Agriculture may be held in an attempt to resolve contested cases. Such informal settlement conferences shall not be of record and shall not be adversarial in nature but shall be utilized to resolve the conteste…

(1) A hearing officer appointed by the Commissioner of Agriculture and Industries shall preside at contested food safety case hearings. The hearing officer shall serve as trier of fact. (2) All parties will be afforded an opportunity to respond and present witness and evidence an…

(1) On presentation of the hearing officer's findings of fact and conclusions of law, recommendation and proposed order, the General Counsel will mail copies to each party. (2) The parties will have 15 days from the date of mailing in which to present to the Commissioner of Agric…

The Department of Agriculture and Industries shall utilize the contested case procedure in this chapter to take any adverse action on any food safety permit. (a) Such adverse permit actions shall be initiated by notices served on the affected permittee as provided in Rule 420-1-3…

To conduct inspections on farms, packing houses, holding and storage facilities according to rules established by the Food Safety Modernization Act (FSMA), Product Safety Rule (PSR) in Alabama, the following U.S. Food and Drug Administration regulations are incorporated by refere…

The purpose of this Chapter is to implement the provisions of the commercial feed law as found in the Alabama law.

That regulation entitled Agricultural Chemistry Division Rules and Regulations Governing the Sale of Commercial Feed passed December 19, 1978, effective January 1, 1979, and signed February 2, 1979, is hereby withdrawn and repealed. The following regulation amending the above is …

(1) The official definition of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, as amended by said organization from time to time, are hereby adopted for use in A…

(1) In addition to the labeling requirements set out under Code of Ala. 1975, §2-21-20, commercial feed other than customer-formula feed and vertical-integrator feed shall also be labeled with the following information on the principal display panel of the product and in the foll…

(1) No person shall manufacture or sell a commercial feed in this state, unless he has filed with the commissioner on forms provided by the commissioner, his name, place of business and location of each manufacturing facility from which feed may be shipped within or into this sta…

(1) The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage by weight. (2) Commercial feeds containing 6¹ % or more calcium, phosphorus, sodium and chloride shall i…

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall conform to the provisions of Rule 80-1-5-.03 above. (2) The name of each ingredient must be shown in letters or type of the same size. (3) No reference to quality…

(1) Directions for use and precautionary statements on the labeling of all commercial feeds, customer-formula and vertical-integrator feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) shall: (a) Be adequate to enable safe and effec…

(1) Urea and other nonprotein nitrogen products are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of nonprotein nitrogen, add…

(1) Prior to approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used accord…

All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no mo…

For the purpose of defining good manufacturing practices, in the determination of adulteration under the provisions of Code of Ala. 1975, §2-21-22(8), the following shall apply: (a) The regulations prescribing good manufacturing practices for medicated feeds as published in the C…

Retention time for samples and portions of samples shall be as follows: (a) Samples of commercial feeds and feed ingredients found by official analysis to comply with the label guarantee may be disposed of at the conclusion of the analysis. (b) Samples of commercial feeds and fee…

(1) A weight tolerance for commercial feed marketed in containers of 25 pounds or less of 3% of the declared weight (adjusted to 12% moisture) shall be allowed before a penalty is assessed. (2) A weight tolerance for commercial feed marketed in containers of more than 25 pounds, …

When a penalty is assessed under provisions of Code of Ala. 1975, §2-21-29, of the Law, the Commissioner shall be notified by the guarantor of payments of such penalty to the consumer by one of the following methods: (a) A certificate of receipt of penalty signed and dated by rec…

To prevent the establishment and amplification of Bovine Spongiform Encephalopahty (BSE) in Alabama, the following U.S. Food and Drug Administration regulations are incorporated by reference and shall be enforced by the Alabama Department of Agriculture and Industries: (1) 21 C.F…

To conduct inspections of animal food manufacturing facilities according to rules established by the Food Safety Modernization Act (FSMA), Animal Feed Regulatory Program Standards (AFRPS) in Alabama, the following U. S. Food and Drug Administration regulations are incorporated by…

The purpose of this Chapter is to implement the provisions for Code of Ala. 1975, Chapter 22 of Title 2, denoted as the Alabama Fertilizer Law of 1969.

Regulations entitled Commercial Fertilizer Regulations by State Board of Agriculture and Industries as Amended - January 13, 1970, adopted October 7, 1969, and effective February 1, 1970, and regulation entitled Commercial Fertilizer Regulation adopted February 6, 1973, and effec…

The materials in commercial fertilizer from which each plant nutrient is derived shall be shown immediately following the name of each material on the label or invoice or other accompanying statement; provided, however, that the above requirement shall not apply to specialty (non…

(1) Additional plant nutrients other than nitrogen (N) available phosphorus (P205), and soluble potassium (K20), when mentioned or claimed on the label or container shall be guaranteed in the element form. Guarantees or claims for the following secondary plant nutrients and micro…

Those persons requesting a license under the provisions of Code of Ala. 1975, §2-22-8, of the fertilizer law concerning products identified as soil conditioners or soil amendments shall first make application for said license. In conjunction with the license request, all claims m…

If any fertilizer sold in this state shall, upon official analysis, prove to be deficient from its guarantee as stated on the bag or other container, or upon the invoice or other accompanying statement if sales are made in bulk or liquid form, penalties shall be assessed as follo…

(1) Each bag or container used for a pesticide- fertilizer mixture in addition to labeling information required on fertilizer packages by the fertilizer law, and the labeling information required on pesticide packages by the Alabama Economic Poison Law, shall also bear a special …

The definitions for fertilizer materials as approved and adopted by the Association of American Fertilizer Control Officials as presently set forth in official publication No. 22 (1968-69) or as same may hereafter be revised, are hereby adopted and accepted as definitions for mat…

Every person who sells commercial fertilizer blended with other material at the purchaser's request shall furnish each purchaser with a written and signed statement showing the total weight and grade of all fertilizers and other materials used in the blend, the source of plant nu…

When an official sample is taken from fertilizers blended with other material for analysis by the Department of Agriculture and Industries, the information required to be furnished under Rule 80-1-6-.09 above shall be recorded by the sampling inspector on his sample report which …

All official samples of commercial fertilizer taken and analyzed under the provisions of Code of Ala. 1975, §2-22-11, shall be retained by the Department of Agriculture and Industries as follows: (a) Samples, after analysis, where no deficiency has been determined, may be discard…

(a) An inspection fee of 75¢ per ton for all commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein is hereby imposed as provided under the provisions of Code of Ala. 1975, §2-22-9. (b) Before any person may sell or offer …