Title 20

Any person who violates any of the provisions of this chapter or any order, rule, or regulation made or promulgated under authority of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) for each offense; provided, however,…

(a) When used in this section, the words and terms defined in this subsection shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated: (1) CANNED FOOD. Any food commercially processed and prepared for human …

(a) The subject matter of the regulation of nutrition labeling of food that is a menu item in restaurants, retail food establishments, and vending machines is reserved to the Legislature and may be regulated only by an act of the Legislature of statewide application enacted after…

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to th…

(a) The purpose of this division is to prevent the manufacture, possession, sale, or delivery of out-of-date Class A foods and adulterated or misbranded food and drugs. (b) The State Board of Agriculture and Industries shall have the power and authority and it shall be its duty t…

An article shall be deemed adulterated in the case of food: (1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength; (2) If any substance has been substituted wholly or in part for the article; (3) If any valua…

In the case of confectionery, it shall be deemed adulterated if it contains terra alba, barytes, talc, chrome yellow, burnt umber, or other mineral substance or poisonous coloring or flavoring or other ingredients detrimental to health or any vinous, malt, or spirituous liquor or…

An article shall be deemed adulterated in the case of drugs: (1) If, when a drug is sold under or by a name recognized in the United States pharmacopoeia or national formulary, if differs from the standard of strength, quality, or purity, as determined by the test laid down in th…

An article of food shall be deemed misbranded in the following cases: (1) If it is offered for sale under the name of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so or if the contents of …

A drug shall be deemed misbranded in the following cases: (1) If it is an imitation of or offered for sale under the name of another article; (2) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been p…

No person shall engage in any of the following activities within this state: (1) Manufacture for sale herein, have in his or her possession with intent to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is adulterated or misbranded within the m…

(a) The having in possession by any person, firm, or corporation who manufactures or exposes for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within the meaning of this division shall be prima facie evidence of having in possession with intent to…

No dealer shall be prosecuted under the provisions of this division when the dealer can establish a bona fide guarantee signed by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or she purchased such articles that they are not adulterated or …

(a) No person shall operate a food sales establishment within this state which sells baby food, infant formula, or potentially hazardous food without a food safety permit except those persons who operate any of the following establishments: (1) A meat processing establishment whi…

(a) Notwithstanding the existence of any criminal penalty imposed for violations of this chapter and the rules and regulations promulgated hereunder, the department may, after a hearing thereon, impose a civil penalty for violation of this chapter or any rules or regulations prom…

There is hereby created the Food Safety Advisory Committee to provide recommendations to the State Board of Agriculture and Industries concerning the promulgation of rules and regulations related to the establishment and definition of class violations under Section 20-1-34, and o…

Nothing in Act 2000-320 shall prohibit the donation of any food by any food sales establishment, food manufacturer, or food distributor to an organization defined under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Nor shall the provisions of Act 2000-320 pr…

The provisions of Act 2000-320 are cumulative and supplemental to and in furtherance of any statutory or common law or other legal right, duty, power, or authority of the Alabama Department of Agriculture and Industries and the Commissioner of Agriculture and Industries. (Act 200…

(a) When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ARTICLE. Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to…

(a) A cosmetic shall be deemed adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof or under such conditions of use as are customary and usual; (2) If …

(a) A cosmetic shall be deemed misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is in package form and does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and a statement of the quantity of…

The having in possession of an adulterated or misbranded cosmetic shall be prima facie evidence of having it in possession with the intent to sell it in violation of this division; provided, that a manufacturer, wholesaler, or jobber may keep such products set apart in his stock …

No dealer shall be prosecuted under this division when he can establish a bona fide guarantee, signed by a reputable wholesaler, jobber, or manufacturer from whom he purchased the article that the article is not adulterated or misbranded within the meaning of this division (desig…

This division shall be construed to be supplemental to Division 1 of this article, which relates to the regulation of the manufacture, possession, and sale of food and drugs. (Acts 1947, No. 134, p. 42, §8.)

The Board of Agriculture and Industries shall have the power to fix the standards of purity and quality of cosmetics. (Acts 1947, No. 134, p. 42, §8.)

This article shall be known as the Bread, Flour, and Cornmeal Enrichment Act. (Acts 1943, No. 500, p. 470, §1; Acts 1953, No. 815, p. 1097.)

When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise: (1) APPROPRIATE FEDERAL AGENCY. The federal agency or department or administrative federal officer charged with the enforcement and administration of the fe…

(a) The terms of this article shall not apply to flour, cornmeal, or grits sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent, in such form as the board shall by regu…

(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption in this state any cornmeal or grits unless the following vitamins and other ingredients are contained in each pound of such product: (1) Not less t…

(a) It shall be unlawful for any person to manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound of such product: (1) Not less than two mill…

(a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale or to receive in interstate shipment for sale for human consumption in this state any bread (as defined in subdivision (1) of Section 20-1-71) unless the following vitamins and other ingredients…

(a) This article requires the enrichment of white bread. (b) The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, approved iron salts, or by any combination of approved methods which will pr…

It shall be unlawful to sell or offer for sale in this state any enriched flour, enriched bread, enriched cornmeal, or enriched grits which fails to conform to the labeling requirements of the federal Food, Drug and Cosmetic Act and the regulations promulgated thereunder by the a…

(a) The State Board of Agriculture and Industries, as the administrative agency, shall perform all of the following duties: (1) To make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this article, including, but without being lim…

(a) No person shall manufacture, mix, compound, sell, trade, or offer for sale or trade for human consumption any corn masa flour or corn masa product in this state except in accordance with the following: (1) Corn masa flour shall contain 0.7 milligrams of folic acid per pound o…

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale any insect-infested, mouldy, rancid, decayed, decomposed, or otherwise inedible pecans, almonds, Brazil nuts, chestnuts, filberts, walnuts, or pistachio nuts to anyone ot…

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale for any purpose pecans or any other nuts designated in Section 20-1-90 when such nuts are commonly known and designated at shelling, grading, cracking, or cleaning plants…

It shall be unlawful for any person, firm, partnership, corporation, or association to sell or offer for sale pecans or any other nuts designated in Section 20-1-90 in package form unless the package or other container is plainly and conspicuously labeled to show the name of the …

The State Board of Agriculture and Industries is hereby expressly authorized to adopt and promulgate standards and reasonable variations or tolerances for the sale of pecans and other nuts in accordance with Section 20-1-90. (Acts 1965, No. 857, p. 1600, §5.)

This article shall be known as the Oleomargarine Fortification Act. (Acts 1943, No. 501, p. 475, §1.)

It shall be unlawful for any manufacturer, processor, or dealer in oleomargarine in the State of Alabama to sell or offer for sale any such product within this state which does not contain at least 9,000 United States pharmacopoeia units of vitamin A per pound, except that sold f…

The State Board of Agriculture and Industries is empowered with the authority and is directed to change or add to the specifications for ingredients and the amounts thereof required to conform to any changes in 21 Code of Federal Regulations, Part 45, concerning the addition of v…

All oleomargarine sold in the State of Alabama must be labeled in accordance with the regulations of the Federal Food and Drug Administration of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade. (…

For the purpose of this article, the following words and phrases shall have the meanings indicated, unless the context clearly indicates a different meaning: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama. (2) PERSON. Any individual, part…

The purpose of this article is to authorize and regulate the manufacture and sale of the frozen food product designated as “Mellorine,” any other provisions of law or rules and regulations promulgated thereunder to the contrary notwithstanding. (Acts 1953, No. 91, p. 134, §1; Act…

(a) “Mellorine” means a frozen food product consisting primarily of a sweetened combination of edible vegetable or animal fats, milk solids not fat and other ingredients and all ingredients of which shall be of the quality and in the quantity required under the standards establis…