Alabama Administrative Code

The Legal Effect of a Certificate of Sale of personal property and a deed of real property under these regulations shall have the same effect as a tax lien under Code of Ala. 1975, §40-29-30.

The Commissioner or his delegate shall keep a record of all sales of real property sold under Section 9 of these regulations and of redemptions of such property. The record shall set forth the assessment for which the sale was made, the dates of seizure and sale, the amount of th…

The Commissioner or his delegate shall determine the expenses to be allowed in all cases of levy and sale, which expenses shall be actual expenses directly related to the sale. The fee for a professional auctioneer that may be employed at the discretion of the commissioner or his…

(1) Collection of liability. -- Any money realized by proceedings under this article (whether by seizure, by surrender under Section 7 of these regulations, except pursuant to subsection (2)(b) thereof, or by sale of seized property) or by sale of property redeemed by the Commiss…

(1) Release of levy. -- It shall be lawful for the Commissioner or his delegate to release the levy, and any liens,upon all or part of the property or rights to property levied upon, where the Commissioner or his delegate, within their discretion, determines that such action will…

The Commissioner may designate a delegate, to engage in collection activities consistent with these regulations on the Commissioner’s behalf. If the delegate is not an employee of the Department of Agriculture and Industries, said delegate whether or not an independent contractor…

The Commissioner or his delegate may not agree to accept less than the assessment lien amount unless there exists a substantial risk that failing to accept a lesser amount would prevent collection of any amount pertaining to the lien. Provided, however, that the Commissioner or h…

(1) It has been determined that the destructive disease known as citrus greening disease (CG), also known as Huanglongbing disease of citrus, caused by the bacterial pathogen “Candidatus liberibacter asiaticus”, defined as an injurious disease under the provisions of Code of Ala.…

For the purposes of this quarantine, the following definitions shall apply: (1) Infestation. The presence of the Asian Citrus Psyllid and Citrus diseases listed in Chart 1 and Citrus pests listed in Chart 2 in any stage of development, or the existence of circumstances which make…

Upon the findings and determinations set out in Rule 80-10-19-.01 above, it is hereby ordered under the provisions of Code of Ala. 1975, §2-25-4(5), that a quarantine be imposed upon the articles in Rule 80-10-19-.04 and diseases and pests set out in this quarantine, subject to t…

(1) Host of Citrus Diseases: All plant and plant parts, including but not limited to nursery stock, cuttings, budwood, and propagative seed (but excluding fruit), of any Citrus species and Rutaceous plant that may be found to be a host of diseases in Chart 1. (2) Host of Citrus P…

Out-of-state regulated areas are as follows: (a) All areas outside of Alabama are regulated areas. 1. Asian Citrus Psyllid, Citrus Black Spot, Citrus Greening, Sweet Orange Scab, and Xanthomonas Canker Bacterium: Alabama follows the list of federally quarantined areas for these p…

Alabama regulated areas are as follows: The entire State is regulated for ACP. If CG is found within the state, a regulated area for this disease will be established with assistance of USDA APHIS. (1) Any other portions of Alabama not listed above, hereinafter found to have CG an…

(1) Regulated articles originating from areas outside of Alabama which are quarantined for ACP, CBS, Citrus Greening, Citrus Canker, or SOS must be moved in accordance with APHIS requirements. The movement of such articles into Alabama in a manner that is not in accordance with F…

(1) Regulated articles must be treated using products approved by the United States Environmental Protection Agency (EPA) and the department for use in nurseries. Persons applying treatments must follow the product label, its applicable directions, restrictions and precautions, i…

Under the Provisions of Code of Ala. 1975, 2-25-3, the commissioner may, after first being properly identified, 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 believe that such means o…

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

The commissioner of Agriculture and Industries may, in his discretion, waive any duty, requirement, or any other provision of this quarantine for any time period necessary, if he determines that said waiver would be in the best interests of agriculture, the citrus industry and th…

(1) The purpose of this Chapter is to prevent the dissemination of sweet potato pests. The following rules in this Chapter govern the movement, shipment, and certification within or into the State of Alabama of sweet potato seed, plants, table stock or vines. No sweet potato seed…

As used in this Chapter, the following words shall have the meaning stated below, unless the context clearly requires otherwise: (a) Board. The State Board of Agriculture and Industries. (b) Commissioner. The Commissioner of Agriculture and Industries or his designated representa…

(1) All growers in the State of Alabama who intend to sell or exchange sweet potato seed or plants for propagation or distribution purposes the following year should apply to the commissioner for certification on or before February 1, on forms supplied by the commissioner. Only o…

No Sweet Potato or Plants originating from a Sweet Potato Weevil area are eligible for certification under any circumstances. (1) The term Alabama Certified shall have reference to the sweet potato seed, sweet potato plants, and sweet potato table stock meeting the requirements f…

Movement of sweet potato seed or sweet potato plants for propagation purposes shall be prohibited beyond the limits of the farm where produced unless such sweet potato seed or plants have been certified and appropriately tagged as provided herein. Such propagation stock shall be …

(1) All requirements as provided herein for certification and for the sale and distribution of propagating material apply where sweet potato seed, sweet potato plants, and sweet potato table stock are sold, offered for sale, or kept for sale by a person or firm engaged in the bus…

(1) Sweet potato seed or sweet potato plants produced outside the State of Alabama and moved into Alabama shall be governed by the same requirements that regulate such material produced within the State of Alabama. (2) Out-of-state growers who wish to move sweet potato seed or sw…

(1) All transportation and common carriers shall refuse to accept for shipment any consignment of sweet potato seed when such shipment is not accompanied by a valid sweet potato seed certificate tag. Such carriers shall also refuse to accept for shipment sweet potato plants not a…

Sweet potato seed and/or sweet potato plants may be moved within and into the state of Alabama for research purposes as long as such propagating material is apparently pest free. Such propagating material, if subsequently found not to be pest free, shall be handled in accordance …

Sweet potato seed, sweet potato plants or sweet potato table stock found infested with any pests which presents a potential hazard to the sweet potato industry, or which is otherwise in violation of any of the provisions of this chapter shall be declared to be a public nuisance a…

The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing, or thought to contain, sweet potatoes carrying pests, or sweet potato seed or plants thought to be in violation of this chapter.

Any person, firm, or corporation found guilty of violating the provisions of this chapter shall be subject to the penalties provided for in Code of Ala. 1975, §2-25-22.

(1) It has been determined that the destructive insect pest known as the Emerald Ash Borer (Agrilus planipennis), an exotic invasive plant pest that is established in several other states, has been found in Alabama. This insect can be highly destructive to Alabama’s ash trees (Fr…

For the purpose of this quarantine and regulations, the following shall be construed respectively to mean: (1) Ash. The genus Fraxinus. (2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama, or his authorized representatives. (…

The following pest and articles shall be regulated by this quarantine. (1) The insect known as the Emerald Ash Borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development (egg, larva, pupa, adult); (2) firewood of all hardwood (non-coniferous) species; (3) a…

(1) The following Counties are designated as regulated areas: (a) Calhoun County, (b) Cherokee County, (c) Cleburne County (2) Any other county where the Emerald Ash Borer is found to be present by the Commissioner, or counties determined by the Commissioner to be at high risk fo…

(1) Regulated articles may be moved from a regulated area only: (a) if moved with a permit that is attached as required by the Commissioner; and (b) if the regulated articles originate in an area of Alabama identified by USDA APHIS as having a “no fly” period for Emerald Ash Bore…

When permits are required, they shall be securely attached to the shipping document that adequately describes the regulated articles being moved.

Permits may be issued by the commissioner to allow the movement of regulated articles to locations outside the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the commissioner has determined that …

There are no restrictions imposed on the movement of regulated articles solely within regulated areas.

In all cases, permits shall be furnished by the carrier to the consignee at the destination of the shipment.

The commissioner, in his discretion, may waive the requirements for movement of regulated articles for experimental or scientific purposes in accordance with specified conditions.

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

The commissioner, after displaying proper identification, is authorized 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 believe that such means of conveyance or articles are infested…

Any person violating the provisions of this chapter shall be subject to the criminal penalties imposed under the provisions of Code of Ala. 1975, §2-25-22 and the injunctive provisions of Code of Ala. 1975, §2-25-19.1.

To authorize the Alabama Department of Agriculture and Industries to administer a hemp program pursuant to the Alabama Industrial Hemp Act, Section 2-8-380 et seq., Code of Alabama 1975, and the Agricultural Improvement Act of 2018 and to promulgate administrative regulations for…

(1) “Acceptable hemp THC Level” means, for the purpose of compliance with the requirements of a State hemp plan under the USDA rules, when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry wei…

(1) Any person who wishes to grow hemp at any location in the State shall submit to the department annually a completed Grower License Application, incorporated by reference as part of the Grower Licensing Application Packet. (2) A person who does not hold a license from the depa…

(1) The department shall apply the criteria established in paragraphs (a) through (m) of this subsection in evaluating an application for the grower license. (a) In accordance with Section 3 of this administrative regulation, the applicant shall submit a complete application with…