Alabama Administrative Code

(a) In addition to the record keeping requirements under Code of Ala. 1975, §2-26-10, all seedsmen are also required to keep records of receipts, sales and deliveries of all seed for a period of not less than three years, (except retail sales and deliveries by dealers) for inspec…

(a) Alabama farmers shall be entitled to submit to the Seed Laboratory of the Department of Agriculture and Industries seed samples to be analyzed and tested free of charge, provided that not more than the equivalent of Ten Dollars ($10.00) worth of free seed testing services wil…

The rules of procedure shall govern all parties who either bring actions or who are required to respond or defend against actions brought before the Seed Investigation and Arbitration Committee.

Notice of hearings authorized under Code of Alabama (1975), §2-26-75, shall be in writing by certified or registered mail. All parties, or the parties attorneys if they are represented by counsel, shall receive written notice of the hearing no later than two weeks prior to the he…

All hearings conducted shall be recorded by any method of recording that faithfully and accurately records the hearing. Transcripts and copies of any hearing shall not be available to anyone unless the Committee in its discretion so orders that a transcript of the hearing be prod…

(1) The party filing the complaint shall have the burden of proof at the hearing and shall be entitled to proceed first. The party defending shall be entitled to offer rebuttal evidence. (2) Any issue presented by the complainant which is admitted by the required answer shall not…

Any party to a hearing may represent himself or be represented by legal counsel. No person other than the party or his or her legal counsel shall be allowed to represent a party. The Committee may in its discretion, at the request of a party or on its own motion, waive the provis…

Any testimony by anyone shall be only under oath. Said oath shall be administered by the Chairman or any other member of the Committee whom the Chairman may designate.

The following requirements are mandatory and the Committee may refuse in its discretion to consider any complaint which fails to comply with any one of the following requirements: (a) Failure of complainant to submit $10.00 with his complaint. (b) Failure of the complainant to su…

Any evidence of probative value, to include hearsay if it is determined to be of probative value by the Committee shall be allowed to be presented at a hearing. The Committee may, in its discretion, disallow any evidence it considers repetitious or of no benefit to the Committee …

The rules set out in Code of Alabama 1975, §41-22-13, for contested cases under the Administrative Procedure Act shall prevail and the Committee shall follow these rules of evidence as much as possible and practical for any hearing.

The following requirements of any respondent to a complaint are mandatory and the Committee may, in its discretion, consider a complaint deemed admitted if any one of the following requirements are not met: (a) Failure or refusal of a party to answer a complaint if required to do…

The Committee shall have full discretion as to when and where a hearing shall be scheduled, or to ever schedule one unless there is a request for a hearing by any party. If a hearing is requested by a party, the request will be honored, but when and during what stage of the inves…

The Committee shall have the authority, on its own motion, to introduce or take into account any evidence, or request the testimony of anyone deemed necessary by the Committee at any hearing or in the consideration of arriving at a just conclusion of a complaint.

Any Committee member may conduct any discovery in connection with an investigation, the subject of a complaint filed with the Committee, without receiving written permission to do so by the Chairman. This discovery may or may not be considered by the entire Committee.

(1) Under authority of Code of Ala. 1975, §2-20-1, which regulates and prescribes requirements for the sale of certain grains in containers, the following chapter is hereby approved and adopted by the State Board of Agriculture and Industries relating to the grades of corn, oats,…

The grades for corn, oats, rye, wheat, barley, grain sorghum and beans as set forth and established in the U. S. Grain Standards Act or rules and regulations promulgated thereunder are hereby adopted to govern the sale of such grains in Alabama.

In addition to the other information required by law or regulations to appear on labels or tags of each container in which corn, oats, rye, wheat, barley, grain sorghum and beans are sold or offered for sale in Alabama, there shall also plainly appear thereon the grade of such gr…

USDA Grade Standards are hereby adopted for all agricultural commodities grown in or inspected in Alabama, with the exception of those commodities set out in rules 80-12-1-.02 and 80-12-1-.06.

All sweet potatoes offered for sale or sold in commercial channels in the State of Alabama for the fresh market shall be sold only in standardized containers and shall be of not less than a U.S. No. 2 grade. "Standardized containers" as used herein shall include any cardboard box…

There is hereby established an Alabama utility grade for potatoes which shall meet the following standards. (a) Alabama Utility shall meet the requirements of the U.S. No. 2 Grade except that in order to allow for variationsother than size, Hollow Heart and internal discoloration…

The purpose of this chapter is to prescribe standards to be used in weighing, measuring, labeling and packaging various commodities sold in Alabama.

That regulation entitled, Specifications, Tolerances, Technical Requirements and Regulations of the State Board of Agriculture and Industries for Commercial Weighing and Measuring Devices, dated February 15, 1980 and effective January 15, 1979, and paragraph no. 14 only of that r…

This chapter shall apply to all packages and commodities in package form, with the exception of the following: (a) Inner wrappings not intended to be individually sold to the customer. (b) Shipping containers or wrappings used solely for the transportation of any commodities in b…

As applied to this chapter, the following terms or words shall have the meanings defined below: (a) "Weight" shall mean the net weight, as provided in Code of Ala. 1975, §8-16-91. If the commodity is sold by drained weight, then the term shall mean net drained weight. (b) "Sale f…

Under the provisions of Code of Ala. 1975, §8-16-17, the National Institute Of Standards And Technology No. 44 and No. 130 all amendments and supplements thereto are adopted as the official standards for Alabama. Any portion of said Handbooks No. 44 and No. 130 the supplements an…

Commodities in liquid form shall be sold by liquid measure, and commodities not in liquid form shall be sold by weight, or by measure, or by count, so long as the method of sale provides accurate quantity information. The quantity of viscous or semi-solid foods or of mixtures of …

(1) Any package kept for the purpose of sale shall bear on the outside of the package a plain, definite and conspicuous declaration of the following: (a) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container. (b) T…

(1) The declaration of quantity as required for consumer packages under Rule No. 80-13-1-.07(1)(b) shall be expressed in terms of the largest whole unit of weight or measure. If there is any remainder it shall be expressed as common or decimal fractions of such largest whole unit…

(1) Weight and measurement shall be as follows: (a) Units of weight shall be in terms of the avoirdupois pound or ounce. (b) Units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the …

(1) All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color …

(1) For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card. (2) When cartons containing 12 eggs have been designed so as to…

(1) Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit. (2) A random package bearing a label c…

(1) Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to suc…

The purpose of this chapter is to insure to the buying public that in buying gasoline and other liquid motor vehicle fuels, a system of pricing said fuels shall be available that is fully understood by said buying public.

Any regulation previously promulgated by the undersigned authority that is in conflict with this regulation is hereby repealed.

All retail sellers of gasoline or other liquid motor vehicle fuels, who are presently, or who may in the future, sell their product by liter or any other system, other than by the gallon, shall, in addition to posting the price of the fuel in liter or other measure, post the pric…

The requirements under Rule No. 80-13-2-.03(3) above, requiring the posted price per liter and corresponding price per gallon to be posted alongside or adjacent to each other may, at times, be impracticable or work an undue hardship upon the retail seller. In these cases a reason…

(1) This regulation shall become effective 60 days after June 9, 1980. (2) An extension of time, not to exceed 30 days, may be obtained by a retail seller upon good cause shown, before this regulation becomes effective. To obtain this extension the seller or his representative mu…

The purpose of this chapter is to implement the provisions of Code of Ala. 1975, §8-16-94, as amended, in regulating and defining minimum weights of various agricultural commodities that are sold or authorized to be sold by bushel, barrel or other type container.

That regulation entitled Weights and Measures Division, Regulation Relating to the Sale of Southern Field Peas By Bushel Capacity dated November 2, 1979, is hereby withdrawn and repealed.

Minimum weights, per bushel or barrel or other type container, for the following commodities, when sold by bushel, barrel or gallon, shall be as follows: (1) Alfalfa seed shall be 60 pounds per bushel. (2) Apples, green, shall be 50 pounds per bushel. (3) Apples, dried, shall be …

The purpose of this chapter is to provide guidelines and procedures prescribing the method of sale of certain food and non-food products.

All regulations or portions of regulations in conflict with this regulation are hereby repealed and withdrawn, only to the extent that an existing regulation, or portion of an existing regulation, conflicts with this chapter.

(1) Berries and small fruits shall be offered and exposed for sale and sold by count, weight, or by measure in original standard containers as defined in Code of Ala. 1975,§8-16-101. When sold by measure, the containers shall be deemed not to be packages for labeling purposes. (2…

(1) Asphalt paints, coatings, and plastics shall be sold in terms of liquid measure. (2) Softwood lumber shall be sold as follows: (a) The identity of the lumber shall include the grade, or grades, species or species group and whether the lumber is unseasoned (green) or dry. (b) …

(1) Beverage ware, pressed and blown tumblers, and stemware are allowed a difference between actual and declared capacity as follows: (a) Plus or minus 1/4 ounce for items of 5 ounce capacity or less; (b) Plus or minus 5 percent of the stated capacity for items over 5 ounce capac…