Title 2 — Title 2

or Selling Baled Cotton; Use of Untested Weights in Weighing Cotton. It shall be unlawful for any person in buying or selling baled cotton or in weighing such cotton for any person other than himself to deduct from the actual weight thereof as shown on a level-standing beam of th…

Disposed Of. Any cotton broker or other person, firm or corporation engaged in the business of buying cotton, either on his own account or for others, who buys or engages to buy from a planter or commission merchant any cotton and fails or refuses to pay for the same at the time …

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of Agriculture and Industries. (2) COTTON PRODUCER. A person who grows cotton. (3) COTTON…

(a) No person may purchase cotton on a forward contract from a cotton producer without first having registered with the commissioner as a cotton buyer. (b) It shall be a misdemeanor to violate subsection (a) of this section and, upon conviction, the punishment imposed shall be as…

(a) Each person who wants to engage in activities in this state which require registration under this article shall file with the commissioner an application for registration. (b) The application shall include: (1) The name and address of the applicant; and (2) The name of each t…

No later than 30 days after the filing of an application for registration as a cotton buyer, the commissioner shall register the applicant. History: (Acts 1975, No. 1243, §4.)

A registration under this article shall be valid for a period of one year after the date of registration. History: (Acts 1975, No. 1243, §2.)

The commissioner shall publish a list of all registered cotton buyers and shall provide a copy of the list to interested persons without charge. The list may include the number of years that the person has been registered in this state as a cotton buyer. History: (Acts 1975, No. …

All funds collected under this article shall be deposited into the Agricultural Fund of the State Treasury and shall be used for the purpose of administering and enforcing this article. History: (Acts 1975, No. 1243, §7; Act 2004-516, p. 996, §1.)

Any person who fraudulently packs or bales any cotton by plating or otherwise shall be guilty of a misdemeanor. History: (Ag. Code 1927, §363; Code 1940, T. 2, §152.)

Any person who fraudulently exhibits any false samples of any cotton or of any other articles or commodity by means whereof any person is injured shall be guilty of a misdemeanor. History: (Ag. Code 1927, §364; Code 1940, T. 2, §153.)

The Legislature has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers, and other …

As used in this article, the following words shall have the meaning stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman in any stage of development. (2) CERTIFICATE. A document issued or authorized by the commissioner indicating that a…

The commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this state. The commissioner is authorized to cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in…

The commissioner shall have authority to enter cotton fields and other premises in order to carry out such activities, including but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton and/or other host plants, as may be necessary to carry out…

Every person growing cotton in this state shall furnish to the commissioner on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as or…

The board or the commissioner, in the board’s absence, as provided in Sections 2- 25-4 and 2-25-5, is empowered to promulgate regulations, quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles a…

of Cotton and to Require Participation in Eradication Program. The board is authorized to designate by regulation one or more areas of this state as “elimination zones” where boll weevil eradication programs will be undertaken. The board is authorized to promulgate reasonable reg…

When Compensation Payable. The commissioner shall have authority to destroy, or in his discretion, to treat with pesticides volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in elimination zones when the comm…

(a) The board is authorized to promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in an elimination zone which have been or are to be treated with pesticides or otherwise treated to cause the eradicat…

(a) Any person who shall violate any of the provisions of this article or the regulations promulgated hereunder, or who shall alter, forge or counterfeit, or use without authority, any certificate or permit or other document provided for in this article or in the regulations prom…

Any person who removes or aids in removing from this state any cotton subject to the lien given by law for the purchase money with intent to prevent, hinder or delay the enforcement of such lien must, on conviction, be imprisoned in the penitentiary for not less than one nor more…

Requirements. (a) The board may certify a cotton growers’ organization for the purpose of entering into agreements with the State of Alabama, other states, the federal government, and other parties as may be necessary to carry out the purposes of this article. (b) In order to be …

Upon determination by the board that the organization meets the requirements of Section 2-19-130, the board shall certify the organization as the official cotton growers’ organization. Such certification shall be for the purposes of this article only, and shall not affect other o…

Generally. (a) At the request of the certified organization, the board shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or other co…

The arrangements for the management of any referendum held under this article shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necess…

(a) In the event any referendum conducted under this article fails to receive the required number of affirmative votes, the certified organization may, with the consent of the board be authorized to call other referendums. (b) After the passage of any referendum, the eligible vot…

(a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this article, shall be subject to a per acre penalty as established in the board’s regulations, in addition to the assessment. (b) A cotton grower who fails to pay all assessmen…

Any person, other than the purchaser, whether such person is the owner in whole or in part or warehouseman or other person who shall remove or destroy the tag placed upon any bale of cotton by the ginner thereof shall be guilty of a misdemeanor. History: (Ag. Code 1927, §366; Cod…

Inspection Thereof. Every person, firm or corporation who gins cotton shall keep a book in which it shall register all cotton received at its gins to be ginned in the name of the owner thereof, if known, and, if not known, then the ginner shall make due and diligent inquiry of th…

Every person who gins cotton in this state shall mark, label or tag the same in such manner as prescribed by the State Board of Agriculture and Industries. History: (Ag. Code 1927, §368; Code 1940, T. 2, §157.)

Seed Therefrom to Ginner. Any person engaged in buying cotton seed and who also operates or owns a public ginnery in this state who shall charge any other or different price for ginning or ginning and wrapping cotton to any person selling said person the seed out of his cotton fr…

Any person or warehouseman who shall willfully violate any of the laws of this state relating to the classification, stapling or sampling of cotton shall be guilty of a misdemeanor. History: (Ag. Code 1927, §371; Code 1940, T. 2, §159.)

Reweighing, Resampling or Examining Upon Rejection by Purchaser, Etc. Whenever cotton bought from a factory is removed by the purchaser, his agent or broker from the warehouse in which it is stored to another warehouse for the purpose of reweighing, resampling or examining and th…

Dealing in Cotton to Maintain Records of Bale Cotton Weighed, Etc. Any corporation, company, individual or his or their agents operating or owning places for storing, weighing or dealing in cotton doing business in this state who fail to keep a record of all bale cotton weighed b…

No more than six ounces of cotton shall be taken from any bale of cotton under the pretext of sampling the same; but after the sale of the cotton and after the weight thereof has been ascertained and agreed upon, the buyer may take from the bale, at his own loss, six ounces more …

Consent of Seller. Without the consent of the seller, cotton must not be removed from the place where it may be when sold until the weight thereof has been ascertained. History: (Ag. Code 1927, §375; Code 1940, T. 2, §162.)

When cotton in bales is sent by a planter or other owner to a factor for sale, a warranty is implied on the part of such planter or owner to the factor and the purchaser from such factor respectively that such cotton is not fraudulently packed and, when cotton is sold by sample b…

Separate Upon Request of Owners. All public ginneries in this state, when requested so to do by the owner, shall keep both the lint cotton and cotton seed of each owner and each lot of cotton so separated by the owner separate from that of every other owner or lot, so that each o…

19-23. Any public ginner or ginnery who willfully refuses and fails to so keep the lint and seed separate as to each lot of cotton brought to his gin or ginnery or to comply with the provisions of Section 2-19-23 shall be liable to a penalty of $100.00 and, in addition thereto, f…

The provisions of Sections 2-19-23 and 2-19-24 as to keeping the lint separate and apart from other lots shall not be made to apply to lots of cotton of less than one bale. History: (Acts 1919, No. 755, p. 1116; Code 1923, §7307; Code 1940, T. 2, §166.)

Seizure, Etc. The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this chapter.

Cotton by Ginners, Warehouse Proprietors, Etc. Any ginner, warehouse proprietor, common carrier, officer, agent, clerk or employee of such common carrier or person or any other person who, for the purpose of preventing, delaying or hindering the identification of any cotton by an…

Merchant, Etc., Having Custody Thereof. Any factor, commission merchant, consignee or agent having the control of any cotton who, without the consent of the owner, appropriates to his own use any cotton taken from any bale under his control or authorizes or knowingly permits any …

Trafficking in Seed Cotton - Required Generally. All persons engaged in the traffic in seed cotton are required to keep legibly written in a book, which shall be open to public inspection, the names of all persons from whom they purchase or receive, by way of barter or exchange o…

Trafficking in Seed Cotton - Exceptions. The provisions of Section 2-19-40 shall not apply to the purchase of seed cotton sold under process of law or in satisfaction of a landlord’s lien, in the collection of his rents, advances or mortgages previously given on the cotton sold, …

Any person who shall engage in the traffic of seed cotton and who shall fail to keep the record book as provided by this article shall be guilty of a misdemeanor. History: (Ag. Code 1927, §372; Code 1940, T. 2, §169.)

on Which Same Grown. It shall be unlawful for any person to receive or buy seed cotton at any time from any person, except the owner of land on which the same was grown or his lawful agent or except from a person presenting a written permit to make such sale from the owner of the…

Any person who knowingly and unlawfully takes from any bale of cotton any part thereof without the authority of the owner, consignee or agent shall be guilty of a misdemeanor. History: (Ag. Code 1927, §356; Code 1940, T. 2, §146.)

Any person who is authorized to sample cotton and who, with intent to defraud, converts such samples to his own use or refuses to deliver them on demand to the owner, consignee or agent, unless they have been destroyed or stolen without his agency or taken out of his possession b…