Alabama Administrative Code

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) It has been determined that the destructive pest known as the brown garden snail, Helix aspersa Muller, defined as a plant pest under provisions of Code of Ala. 1975, §2-25-1(1), has become established in several states. It is also found and determined that this pest is extre…

For the purpose of this quarantine, the following definitions shall apply: (1) Certificate of Quarantine Compliance. A certificate or document issued by a duly authorized official representative of the state of origin verifying compliance with the provisions of this quarantine. S…

Upon the findings and determinations set out in Rule 80-10-8-.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 and pest set out in this quarantine, subject to the conditions imposed by this quara…

The following pest and articles shall be regulated by this quarantine: (1) The brown garden snail, Helix aspersa Muller, in any living stage of development; (2) Soil, sand or gravel, separately or with other things; (3) Plants and plant products, provided that grafts, scions, bud…

(1) All infested areas of the following states are hereby designated as regulated: Arizona, California, Minnesota, New Mexico, and Oregon. (2) Other. Any other state or additional areas within currently quarantined states hereafter found to be infested with the brown garden snail…

(1) Regulated articles from regulated areas will be prohibited entry into Alabama, unless each shipment is accompanied by a certificate of quarantine compliance issued by and bearing the signature of an authorized inspector of the state of origin, certifying that it has been dete…

The use of certificates of quarantine compliance shall not preclude the use of certificates of inspection (tags) as provided for in Code of Ala. 1975, §2-25-9, where applicable.

Under the provisions of Code of Ala. 1975, §2-25-3 above, the commissioner may, after first displaying proper identification, 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 tha…

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

To carry out the intent and purpose of Chapter 28 of Title 2 of Code of Ala. 1975, §§2-28-1 through 2-28-12, to prevent fraudulent practices in entomological work, pathological work, horticultural work and floricultural work, and tree surgery work, and to govern the qualification…

For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Chapter 28 of Title 2 of Code of Ala. 1975 to mean: (1) Accessible Area. An area that a person can physically enter and/or inspect. (2) Board. The State…

Before any person engages in professional work or services as defined in the chapter or before any person shall solicit such work through advertising or in any other manner, such person shall apply for and obtain an annual permit from the commissioner in accordance with §2-28-4 o…

Before a permit is issued to any person to engage in professional work or services, such person shall pass a written examination prepared by the examining board as created by Code of Ala. 1975, §2-28-2. Categories for examinations and for which permits are to be issued are as fol…

Applicants for certification as certified operator or branch supervisor for professional work or services defined as structural pest control work must have a knowledge of the practical and scientific facts underlying the practice of structural pest control and the necessary knowl…

Applicants for certification as supervisor for professional work or services pertaining to ornamental and turf pest control, landscape horticultural and floricultural work and tree surgery shall submit a written statement outlining their training and experience in professional wo…

Application for examination shall be submitted on a regular form furnished by the commissioner at least thirty (30) days prior to examination date. Applicant for examination shall be notified at least one week prior to date of the examination as to whether or not applicant's appl…

The required examination fee of seventy-five dollars ($75.00) per examination shall be paid at the time the examination is given. If applicant fails the examination, the applicant may take the examination again at the next scheduled examination upon the payment of an additional f…

When applicant for certification has been examined by the examining board and has met all levels of competency in the type of professional work or services for which he desires to be certified and has complied with all requirements and provisions of the chapter and regulations pr…

(1) Every person who engages in professional work or services, other than structural pest control work, shall conduct such work from an established place of business which shall be referred to as a main office. This person shall be certified by the examining board as supervisor a…

No permit will be issued to a person to practice the professional work or services of landscape horticultural and floricultural work, as defined in Rule 80-10-9-.04(5)(b) of these rules, unless the provisions of Chapter 25 of Title 2 of Code of Ala. 1975 have been complied with r…

(1) The permittee shall designate a supervisor, certified operator, or branch supervisor who shall be responsible for each main office, branch office, and suboffice. In order to provide adequate supervision of professional work or services performed, the permittee shall be respon…

All vehicles and mobile equipment used by persons while soliciting and/or engaging in professional service work covered by Chapter 28, Title 2, Code of Ala. 1975, and these rules shall be marked for easy identification. Printed identification shall include the name of permittee i…

All pesticides used in the performance of professional work or service shall be pesticides that have been registered with the EPA and the Alabama Department of Agriculture and Industries and shall be used in a manner consistent with its label and labeling.

A permittee who engages in professional work or services shall keep complete and accurate records of all work performed including copies of contracts, if issued. Records shall be maintained for a period of one (1) year, except for pesticide use records, which shall be kept for a …

Persons holding a permit to engage in Structural Pest Control Work which involves subterranean termite work shall be responsible as follows: (1) Before any work is begun, the permittee or authorized agent shall be responsible for executing a written contract with the property own…

Structures already under a contract by a permittee for control of a particular type of wood-destroying organism shall not knowingly be placed under another contract by any other permittee for control of the same type of wood-destroying organism without first obtaining specific wr…

(1) The official Alabama wood infestation inspection report, which may be required as a condition of sale financing or refinancing of property shall be the written instrument for the purpose of determining the visible presence of an active or previous infestation of wood destroyi…

(1) Pesticides approved for use by persons permitted in accordance with these rules will be those pesticides registered with the United States Environmental Protection Agency and the Alabama Department of Agriculture and Industries and such persons shall use all pesticides in a m…

Minimum requirements for subterranean termite control or eradication in addition to treatment specifications of label and labeling: (1) Access Openings. Provide suitable access opening to partially excavated areas and to any other areas requiring inspection or treatment for prese…

The annual retreatment of a structure under contract for subterranean termite control, after an initial treatment of a structure, is prohibited except under the following conditions: (a) Visible evidence of a reinfestation of subterranean termites; or (b) Soil types or conditions…

(1) The permittee, certified operator, branch supervisor or their authorized representative making the inspection shall be responsible for determining the presence or absence of an active infestation of wood-destroying beetles before recommending a treatment or selling a service …

Acts in violation of the chapter and rules and regulations thereunder which are grounds for revocation or denial of a permit or certification card shall include, but not be limited to, the following: (1) Misrepresentations for the purpose of defrauding, deceiving or the making of…

The commissioner or his authorized agent shall be authorized to examine structures treated by permittee engaged in structural pest control work for the purpose of determining the effectiveness of the treatment performed and if such treatment is ineffective, permittee shall be req…

Any person found guilty of violating the provisions of these rules shall be subject to the penalty provisions of Code of Ala. 1975, §2-28-11.

Minimum adequate treatment for control or prevention of wood destroying fungi shall include the following: (1) Installation of a soil cover such as polyethylene or other water impervious vapor barrier to at least seventy (70) percent and not more than eighty (80) percent of the e…

Minimum adequate treatment for dry wood termites shall include the application of an approved pesticide in strict accordance with the product's registered directions for use or other such methods or techniques which, to the satisfaction of the commissioner or his agents, have bee…

(1) Before a permit is issued or reissued to engage in the category of control of Wood-Destroying Organisms, as described by Rule 80-10-9-.04(1); Industrial Institutional and Household Pest Control, as described by Rule 80-10-9-.04(2); and Fumigation Pest Control, as described by…

Agriculture and Industries Exhibit A to Rule 80-10-9-.18 Agriculture and Industries Exhibit B to Rule 80-10-9-.16

The purpose of this regulation is to implement the manner of testing seeds regulated by the Alabama seed law, for germination and to prescribe germination standards and tolerances. It also provides prohibitions and restrictions of noxious weed seed. It also establishes permit fee…

Portions of that regulation entitled Rules and Regulations for Administration of Alabama Seed Law adopted December 13, 1963, March 10, 1965 and November 17, 1965, identified as Regulations Nos. 1 through 13 and Regulations Nos. 17, 19, 21, 30, 31, and 33 and all amendments theret…

(1) The manner of sampling and handling seed in the field and analyzing and testing seed in the Laboratory, Greenhouse and Trial plots shall be the same as that recommended in the Rules For Testing Seeds of the Association of Official Seed Analysts, as published in 1978 and as sa…

(1) Germination standards for vegetable seed shall be as follows: Percent PercentArtichoke60Bean, lima70Asparagus70Bean, runner75Asparagus bean75Beet65Bean, garden75Broad bean75 [Varieties other Broccoli75 than Improved Tendergreen Brussels sprouts70 (Resistant Tendersgreen), Cab…

(1) The following adulterations or mixtures of seed shall not be sold, offered for sale, or distributed in Alabama: (a) Common lespedeza containing more than 5% weed seed. (b) Carpet grass containing more than 2.5% weed seed. (c) Dallis grass containing less than 25% pure live se…

(1) No agricultural, vegetable, flower, herb, tree or shrub seed for planting purposes shall be sold, offered for sale, or distributed within the State if the noxious weed seed per pound of seed tested is in excess of the following limitations: (a) Field bindweed (Convolvulus arv…

(1) Pursuant to Code of Ala. 1975, §2-26-5, Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub or flower seed to retail seed dealers, farmers or to others who use or plant such s…

(1) The purpose of this Chapter is to set up guidelines to be used in labeling all types of seed to include chemically treated seeds. It also provides for the keeping of records and sets out charges for the testing of seeds. (2) In recognition of the necessity of establishing cle…