Title 8 — Title 8

For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section: (1) COMMISSIONER. The Commissioner of Agriculture and Industries. (2) PERSON. Any individual, partnership, firm, corporation or association. (3) BRAKE FLUID…

(a) The Department of Revenue may refuse to issue an inspection fee permit under this article if the applicant or any principal of the applicant has done any of the following: (1) Had a motor fuel license or registration issued by this state or another state canceled for cause. (…

(a) In accordance with the provisions of Chapter 2A of Title 40, the Department of Revenue may cancel the inspection fee permit required under Section 8-17-96, upon written notice sent to the permit holder’s last known address, as it appears in the Department of Revenue’s files, …

Every return required to be filed under this article shall be on forms and by means prescribed by the Revenue Commissioner and furnished by the Department of Revenue and shall contain any information the Department of Revenue considers necessary for the enforcement of this articl…

The terms “reclaimed oil” or “re-refined oil,” as used in this division, shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless o…

It shall be unlawful for any person, firm, corporation or association to sell, offer for sale or keep for sale in the State of Alabama reclaimed or re-refined oil, as defined in this division, unless such oil is in a container bearing a label on which there shall be expressed the…

It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to promote the sale of reclaimed oil or re-refined oil in the State of Alabama unless such advertising material or display…

The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division. History: (Acts 1951, No. 923, p. 1571, §3.)

Any reclaimed or re-refined oil kept for sale or offered for sale in violation of any of the provisions of this division shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2, Chapter 2 of Title 2, and all of the provisi…

The provisions of this division shall not apply to oil sold to the consumer on, or from, the premises of a person, firm or corporation where the reclaimed or re- refined oil is reclaimed, reprocessed or re-refined on such premises. History: (Acts 1951, No. 923, p. 1571, §1.)

Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250. History: (Acts 1951, No. 923, p. 1571, §4.)

It shall be unlawful for any person to knowingly sell, or offer for sale, any liquid motor fuel, lubricating oil, grease or other similar petroleum products with the intent to deceive any purchaser or prospective purchaser thereof as to the identity, quality, brand or character o…

Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public must conspicuously, clearly and distinctly place and keep placed on each pump or other device used by him for dispensing such fuel at such place the na…

Every person selling or offering for sale, at retail to the public, lubricating oils and motor greases must conspicuously, clearly and distinctly place, and keep placed on each drum, tank, or other container from or in which such products are sold or offered for sale the name of …

It shall be unlawful for any person to intentionally erase, deface, destroy, or otherwise remove without the consent of the owner thereof the name of the owner, the brand, trademark or trade name, or any word, figure or symbol placed on any pump, tank, container, or other equipme…

It shall be unlawful for any person to sell, expose, or offer for sale any liquid motor fuel or any lubricating oil, grease, or other similar petroleum product under any name other than the name or trade name given thereto or designated therefor by the manufacturer or distributor…

It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device or equipment any liquid motor fuel, lubricating oil, grease or other similar petroleum products other than those indicated by the brand, name,…

It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, or other container, any liquid motor fuel, lubricating oil, grease or similar petroleum products other than those to be stored therein and…

It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any other marketer of petroleum products with the intent to deceive a purchaser as to the nature, source, quality or identity of any petroleum…

(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to motor fuels, lubricating oil, grease and other similar petroleum products regulated by the provisions of …

Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor. History: (Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §424.)

The term “motor vehicle,” as used in this division, shall include all vehicles propelled by any power other than muscular power. History: (Acts 1939, No. 607, p. 972, §3; Code 1940, T. 2, §425(3); Acts 1943, No. 596, p. 611, §3.)

The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several units of government upon the goods, wares and merchandise identified in this division, and nothing contained in this division shall be construed t…

It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any motor vehicle or to deliver into any motor vehicle for actual or apparent use therein any motor fuel for use in supplying, creating, or generating motive po…

District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division. History: (Acts 1939, No. 607, p. 972, §5; Code 1940, T. 2, §425(5); Acts 1943, No. 596, p. 611, §5.)

(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to the provisions of this division. History: (Acts 1977, No. 20, §2.)

A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law. History: (Acts 1939, No. 607, p. 972, §4; Code 1940, T. 2, §425(4); Acts 1943, No. 596, p. 611, §4.)

(a) No person shall sell or take orders for sale and delivery within this state any “oil of turpentine,” or so-called “spirits of turpentine,” “turpentine,” or “turps,” unless the same is wholly volatile oil derived from the oleo-resinous exudation from, or the resinous wood of, …

No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and p…

(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other products or any product which is intended to be used as a substitute for oil of turpentine unless it is exposed for sale and sold under the name…

2-2-30, Et Seq. (a) The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this article. In addition, the commissioner may make and adopt rules pursuant to the Administrative Pr…

(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding the composition of any article as required or any statements of any kind which are misleading or deceptive or which…

Issuance to Purchaser or Agent of Invoice as to Amount Purchased. (a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the amount of gas purchased shall be given to the purchaser or his agent. (b) …

(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or distributor thereof shall register the product with the Commissioner of Agriculture and Industries and obtain a permit authorizing the sa…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCE. Each and all of the acids, alkalis, and substances named below: a. Hydrochloric acid and any preparation cont…

No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, such parcel, package, or container designed for househ…

As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise: (1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5. (2) ANNUAL RETAILER. Any pe…

Before a Proximate Audience; Record of Sales; Enforcement. (a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use be…

The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or w…

Sale, Etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders. No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit…

Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked. (a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or…

Requirement of Proof of Current and Valid Sales Tax Number. The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses…

(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks…

(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection Association’s Standard for the Use of Pyrotechnics Before a Proximate Audience (NFPA 1126) as shall be adopted by the State Fir…

(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into the State of Alabama, except as provided in Section 8-17-216, any pyrotechnics commonly known as “fireworks” other than items now or he…

All items of fireworks which exceed the two grain limit of D.O.T. Class C consumer fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufact…

217; Identification Marks on Items. No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named t…

Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, held, displayed or offered for sale, barter, or exchange shall be confiscated and disposed of as provided for under Art…

for Which Special Fireworks Permit at No Time Required. Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term “fireworks” shall not include toy paper pistol caps which contain less than twenty-five hundre…

Fireworks from Tents, Motor Vehicles, Etc.; Inspection by State Fire Marshal, Etc., of Premises Where Fireworks Are to Be Stored or Sold. (a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed…