Alabama Administrative Code

Based upon the purpose set out in Rule 80-10-12-..01, it is Hereby Ordered, under the provisions of Code of Ala. 1975, §2-19-125, that a quarantine be imposed upon the articles, pests and areas set out in this chapter, subject to the conditions imposed by this chapter.

The following areas are hereby regulated: All states and portions thereof infested with the boll weevil.

The following articles shall be regulated by this chapter: (a) The boll weevil, Anthonomus grandis Boheman, in any living stage of development. (b) Gin trash. (c) Seed cotton. (d) Cotton plants, bolls. (e) Used cotton equipment. (f) Any other products, articles, means of conveyan…

(1) Certificate Required (a) Regulated articles moving from a regulated area into or through the State of Alabama shall be accompanied by a certificate issued by an authorized regulatory official in the State where such articles originated. (b) Regulated articles originating outs…

(1) Regulated articles may be moved for experimental or scientific purposes provided a certificate issued by the Commissioner specifying guidelines by which such articles must be handled is obtained prior to movement. (2) Cotton planted for research purposes may be exempt from as…

(1) As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating: (a) That…

The Commissioner is authorized to stop any person and to inspect any article or means of conveyance moving into, within, or from the state of Alabama when he has reasonable grounds to believe that such items are infested with the boll weevil; and the Commissioner is authorized to…

(1) All growers in an elimination area shall complete a cotton acreage reporting form by a date established by the Foundation during the current growing season at the county FSA office in each county in which they produce cotton. Such report shall be filed for each year of partic…

Upon passage of a grower referendum conducted under the provisions of §2-19-132, Code of Ala. 1975, all cotton growers in an elimination area as set out in Rule No. 80-10-12-.05 shall be required to participate in the boll weevil eradication programand to pay an assessment as est…

The Commissioner may purchase growing cotton when he deems it in the best interest of the program. Purchase price shall be based on the FSA farm established yield for the current year.

(1) All growers in the elimination area shall be required to destroy cotton stalks only when so notified in writing by program personnel. Such notification shall indicate name and address of the producer, fields to be destroyed, the deadline of February 1 for such destruction, an…

In order to fully accommodate the intent of Sections 2-19-120, et seq., Code of Ala. 1975, and to the fullest extent provided by law, the Foundation shall be empowered to adopt specific procedural rules to provide for the proper collection of assessments and penalties as closely …

(1) Ginseng dealers, growers and collectors, as defined in Code of Ala. 1975, §9-13-241, shall register with the department on or before August 1 of each year, and shall pay an annual registration fee as follows: (a) $100.00 for each dealer, (b) $50.00 for each grower, (c) $10.00…

(1) Clear and legible copies of those records required to be kept by ginseng dealers and growers under Code of Ala.1975, §9-13-244, shall be forwarded to the commissioner on or before August 1, December 1, February 1 and May 1 each year. The records due on or before August 1 shal…

(1) All ginseng to be exported shall have its weight verified by the commissioner prior to the issuance of an export permit. This weight must accurately correspond to the weight of purchases from collectors and growers set out in those records required to be submitted to the comm…

(1) Collectors collecting wild ginseng that is to be sold after December 13 must complete a "Record Of Harvest Season Collection" report and have said report certified to by the commissioner. This certification must be made at or prior to the end of the current harvest season. (2…

(1) Ginseng dealers shall neither receive, purchase or hold ginseng that has not been certified under Alabama law and these rules or certified under the laws or rules of other states. Uncertified ginseng received from other states must be returned to the state of origin within 30…

(1) It has been found and determined that certain noxious weeds defined as plant pests under provisions of Section 2-25-1 (2) Code of Ala. 1975 exist in limited areas of Alabama and other states, or have the potential to enter Alabama from other states and foreign countries. It h…

For the purposes of this quarantine, the following definitions shall apply: (1) Administrator - The Plant Pest Administrator of the Alabama Department of Agriculture and Industries, Plant Protection Section. (2) Board - The State of Alabama, Board of Agriculture and Industries. (…

Upon the findings and determinations set out in Rule No. 80-10-14-.01, it is Hereby Declared under the provisions of Section 2-25-4, Code of Ala. 1975, that a quarantine be imposed upon the noxious weeds set out in this quarantine, subject to the conditions imposed by this quaran…

For the purposes of this quarantine, the following articles are hereby deemed to be regulated: (1) Class A Noxious Weeds. (a) All weeds listed in 7 C.F.R. 360.200 Federal Noxious Weed List, the same of which is hereby incorporated by reference herein including its subsequent amen…

(1) Except as permitted in 80-10-14-.07 and 80-10-14-.08 below, the following is prohibited: (a) The movement of Class A, B, or C noxious weeds or any regulated article infested with Class A, B, or C noxious weeds into or within Alabama is prohibited. (2) Other regulated areas. (…

The following articles are regulated under the provisions of this Section: (1) Soil, compost, peat, humus, muck, decomposed manure, sand, and gravel, either separately or mixed with other articles; except that potting soil commercially prepared and free of noxious weed seed, pack…

(1) A certificate or permit must accompany the movement of regulated articles from regulated areas into Alabama. (2) A certificate or permit must accompany the movement of regulated articles from a regulated area in Alabama to a non-regulated area in Alabama.

(1) Certificates may be issued by an inspector for the movement of regulated articles under the following conditions: (a) In the judgment of the inspector, they have not been exposed to infestation. (b) They have been examined and found to be free of noxious weeds. (c) They have …

Any certificate, limited permit, scientific permit or compliance agreement which has been issued or authorized may be canceled by the Administrator or the inspector if he determines that the holder has not complied with conditions for its use.

Any inspector is authorized to stop and inspect, any person or means of conveyance moving within or from the State of Alabama upon probable cause to believe that such means of conveyance or articles are infested with a noxious weed; and, such inspector is authorized to seize, tre…

Due to the great variation and diversity of noxious weeds and habitats in which noxious weeds might be detected, the Administrator is authorized to develop and implement control and/or eradication strategies as necessary to protect the State’s agricultural, horticultural, aquacul…

Any person violating the provisions herein shall be subject to the penalties imposed under Section 2-25-22, Code of Ala. 1975.

The Noxious Weed Regulations of the Code of Federal Regulations (7 CFR 360.200), revised as of January 1, 1999, as they are now written or as the same may hereafter be revised or amended, are hereby expressly adopted by reference thereto as a part of these regulations. Copies of …

(1) It has been determined that the destructive pest known as the pine shoot beetle, Tomicus piniperda (L.) defined as a plant pest under provisions of Section 2-26-1 (1) Code of Ala. 1975, has become established in several states. It is also found and determined that this pest w…

For the purposes of this quarantine, the following definitions shall apply: (1) Commissioner. The commissioner of agriculture and industries or his authorized representatives. (2) Infestation. The presence of the pine shoot beetle, Tomicus piniperda (L.) in any stage of developme…

Upon the findings and determinations set out in Rule No. 80-10-15-.01, it is hereby ordered under the provisions of Section 25-5-5, Code of Ala._1975, that a quarantine be imposed upon the articles and pest set out in this quarantine, subject to the conditions imposed by this qua…

For the purposes of this quarantine, the following articles are hereby deemed to be regulated: (1) The pine shoot beetle, Tomicus piniperda (L.) in any living stage of development. (2) Plants of the genera Ables (fir), Larix (larch), Picea (spruce), and Pinus (pine) whether balle…

(1) States and counties as listed are hereby deemed to be regulated areas due to the confirmed presence of the pine shoot beetle: IllinoisKane CountyIndianaAllen, Elkhart, Fulton, Jasper, Kosciusko, LaGrange,Lake, LaPorte, Marshall, Newton, Noble, Porter, Pulaski, St. Joseph, Sta…

Regulated articles shall not be moved from any regulated area into the State of Alabama unless accompanied by a certificate of quarantine compliance documenting compliance with the following conditions: (1) Regulated articles moving from counties with confirmed infestations are c…

Under the provision of Section 2-25-3, Code of Ala. 1975, the Commissioner, after first displaying proper identification, is empowered to stop and inspect, without a warrant, any person or means of conveyance moving into, within or from the State of Alabama upon probable cause to…

Any person violating the provisions of this quarantine shall be subject to the penalties imposed under Section 2-25-22, Code of Ala. 1975.

The purpose of this Chapter as set out in Code of Ala. 1975, §2-19-135, is for the Commissioner of Agriculture and Industries to adopt the following regulations approved by the Alabama Boll Weevil Eradication Foundation, Inc., to further the collection of assessments and penaltie…

(1) If the Department determines that an assessment or penalty pursuant to Code of Ala. 1975, §§2-19-120, et seq., should be levied against a cotton grower, the Commissioner will so inform the cotton grower of the amount due and request payment of same by issuance of a formal Not…

Unless another date is specifically fixed by law, the lien imposed by Section 2 of these regulations shall arise at the time the payment of theassessment was due and shall continue until the liability for the amount so assessed is satisfied or becomes unenforceable by reason of l…

Where the assessment imposed by Code of Ala. 1975, §§2-19-120, et seq., has been made, such assessment may be collected by levy or by a proceeding in court.

(1) Purchasers, holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed by Section 2 of these regulations shall not be valid as against any purchaser, holder of a security interest, mechanic's lienor, or judgment lien creditor until notice…

(1) Authority of Commissioner or delegate. -- If any person liable to pay any boll weevil eradication assessment neglects or refuses to pay the same or fails to appeal suchassessment within 30 days, it shall be lawful for the Commissioner to collect such assessment (and such furt…

(1) Requirement. -- Except as otherwise provided in subsection (2), any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Commissioner or his delegate, surrender such pro…

If a levy has been made on any property, or right to property, any person having custody or control of any books or records containing evidence or statements relating to the property or rights to property subject to levy, shall, upon demand of the Commissioner or his delegate, ex…

(1) Notice of seizure. -- As soon as practicable after seizure of property, notice in writing shall be given by the Commissioner or his delegate to the owner of the property (or, in the case of personal property, the possessor thereof), or shall be left at his usual place of abod…