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Alabama Statutes, Title 2

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Alabama/Statutes

← All Alabama coverage

Title 2

40 chapters · 1,144 sections in this title.

All chapters in Title 21,144 Ch 8, Promotion of Agricultural Industries…210 Ch 15, Livestock134 Ch 19, Cotton62 Ch 10, Cooperatives and Associations61 Ch 11, Marketing, Grading and Standards of …61 Ch 6, Agricultural Center56 Ch 13, Milk and Dairy Products48 Ch 2, Commissioner of Agriculture and Indu…42 Ch 17, Meat and Poultry Inspection36 Ch 27, Pesticides35 Ch 3A, Alabama Agricultural Development Aut…30 Ch 26, Seeds29 Ch 25, Plants and Trees28 Ch 5A, Farmers’ Marketauthority25

42 sections·Filtered byTitle 2✕Ch 2✕

Ala. Code § 2-2-1 Chief Executive Officer of Department
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The constitutional officer known as the Commissioner of Agriculture and Industries shall be the chief executive officer and shall have management and control of the Department of Agriculture and Industries. He shall exercise all rights, privileges, powers and duties granted him u…
Ala. Code § 2-2-10 Assistant to Commissioner
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The Board of Agriculture and Industries may, in its discretion, designate one employee of the Department of Agriculture and Industries as an assistant to the commissioner. (Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.)
Ala. Code § 2-2-11 Organization of Department; Unclassified Service
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The commissioner shall, with the advice and approval of the State Board of Agriculture and Industries, organize the Department of Agriculture and Industries into such divisions as deemed necessary to properly segregate and conduct the work of the department. The commissioner may …
Ala. Code § 2-2-12 Legal Counsel for Department
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The Commissioner of Agriculture and Industries, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture and Industries. He shall be commissioned as …

Ala. Code § 2-2-13 Appointment of Assistants and Employees; Employees’ Bonds

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The commissioner shall, with the approval of the State Board of Agriculture and Industries and as otherwise provided by law, appoint such chiefs, assistants, deputies, agents, experts and other employees as are necessary for the successful administration of the affairs of the dep…

Ala. Code § 2-2-14 Livestock Theft Investigator

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The Commissioner of Agriculture and Industries, with the approval of the Governor, is hereby authorized to designate as “livestock theft investigator” any employee or employees of the Department of Agriculture and Industries performing duties relating to the enforcement of the li…

Ala. Code § 2-2-14.1 Appearance Upon Arrest for Misdemeanor Livestock Violations

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(a) Whenever any person is arrested by livestock theft investigators of the Alabama Department of Agriculture and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease control laws and regulations, or any other laws and regulations governing…

Ala. Code § 2-2-14.2 Forfeiture of Conveyances and Vehicles Used to Perpetrate Livestock Theft

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(a) All conveyances and vehicles of transportation including trailers and semitrailers, equine or equidae, or any other equipment, together with all harness or other accessories, which have been used, or are used in the commission of theft of livestock, as defined in Section 13A-…

Ala. Code § 2-2-15 Accountant in Charge of Clerical Work and Records; Qualifications of Division Heads

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There shall be employed in the Department of Agriculture and Industries an expert accountant who shall have charge of all clerical work and records of said department; a graduate of an accredited agricultural college in horticulture who has had professional training in economic e…

Ala. Code § 2-2-16 Commissioner to Enforce Laws; Promulgation of Rules and Regulations; Notice

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The Commissioner of the Department of Agriculture and Industries is charged with the execution and enforcement of the laws and provisions contained in this title and any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and I…

Ala. Code § 2-2-17 Evidence of Rules, Regulations and Notices; Copies Furnished to Probate Judges

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The rules, regulations or notices purporting to be published by authority of the State Board of Agriculture and Industries in book or pamphlet form and typed or printed copies of all acts, rules, regulations or notices certified to by the commissioner or the board shall be receiv…

Ala. Code § 2-2-18 Civil Penalties or Fines for Violations of Chapters 27 and 28; Maximum Amount; Notice; Failure to Pay Assessed Fine or Penalty

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(a) Notwithstanding the existence of any other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971 as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions of Chapter 28 of Title 2, and the regulations pro…

Ala. Code § 2-2-19 Regulation of Micro Markets and Vending Machines

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(a) For purposes of this section, the following terms shall have the following meanings: (1) MICRO MARKET. An unstaffed, self-checkout retail food service facility that does all of the following: a. Includes one or more micro market displays. b. Has an automated payment kiosk or …

Ala. Code § 2-2-2 Qualifications of Commissioner

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The commissioner shall be a person of good moral character of recognized executive ability and trained in the practice and science of agriculture. (Ag. Code 1927, §8; Code 1940, T. 2, §15.)

Ala. Code § 2-2-3 Bond

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Before entering upon the duties of his office, the Commissioner of Agriculture and Industries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Board of Agriculture and Industries, for the faithful performance of his dut…

Ala. Code § 2-2-4 Term of Office; Vacancy

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The commissioner shall hold office for a term of four years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified. The vacancies in said office shall be filled by the Governor for the unexpired term and …

Ala. Code § 2-2-5 Salary of Commissioner

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(a) The Commissioner of Agriculture and Industries shall be paid such salary as shall be fixed by law. The salary shall be payable from the Agricultural Fund of the State Treasury, and shall be payable to the officer in installments in the same manner as the salaries of other sta…

Ala. Code § 2-2-6 Inspection of Books; Examination of Witnesses; Divulging Information

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The commissioner or his duly appointed agents shall have authority to inspect books and records, to hear complaints, to administer oaths, to certify to all official acts and to examine under oath in any part of the state witnesses in any matter pertaining to their duties and caus…

Ala. Code § 2-2-7 Annual Report; Publication of Handbooks, Pamphlets, Etc

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The commissioner, with the approval of the State Board of Agriculture and Industries, shall submit each year on or before December 1 or as early thereafter as practicable to the Governor an annual report covering all operations of the Department of Agriculture and Industries and …

Ala. Code § 2-2-8 Commissioner’s Powers and Duties Generally; Assistance from Other State Agencies

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(a) The commissioner shall execute the agricultural and industrial policies of the State Board of Agriculture and Industries. It shall be his duty: (1) To investigate and ascertain the industrial possibilities of the State of Alabama and to seek to secure the development of the s…

Ala. Code § 2-2-8.1 Promotion of Economic and Industrial Development

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(a) The Commissioner of the State Department of Agriculture and Industries, or an employee designated in writing by the commissioner, in order to promote economic and industrial development in this state, may expend the funds of the department in such a manner as the commissioner…

Ala. Code § 2-2-9 Delegation of Powers and Duties

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The commissioner may delegate any of his powers to or direct any of his duties to be performed by the chief of a division and, except where it is otherwise provided by statute or the context otherwise requires, may delegate any of such powers to any agent or employee of the depar…

Ala. Code § 2-2-30 Suspension of Sale of Article

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If at any time the commissioner or his duly authorized agent shall have reason to believe that any product or article, the possession or sale of which is regulated by the provisions of this title or the possession or sale of which is regulated by any other statute which the commi…

Ala. Code § 2-2-31 Seizure and Condemnation of Adulterated, Misbranded or Substandard Article

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Any article, substance, material or product which is subject to the provisions of this article which is adulterated, misbranded or under the standard, grade, weight or measure claimed, within the meaning of any provision of law or rules and regulations under authority of law, and…

Ala. Code § 2-2-32 Procedure When Analysis Shows Article or Product in Violation of Title

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Upon the examination of specimens or samples of any article, substance, material or product the sale of which is subject to the provisions of this article, made by any chemist, analyst, inspector or assistant under the direction and supervision of the Commissioner of Agriculture …

Ala. Code § 2-2-33 Duty to Perform Tests or Analyses; Delegation; Use of Results

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(a) Whenever it shall be necessary to have any tests or analyses made in order to properly execute any law or rule and regulation under authority of law, the execution or administration of which is a duty imposed on the commissioner or the State Board of Agriculture and Industrie…

Ala. Code § 2-2-34 Where Analyses to Be Made

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All chemical analyses shall be made in a laboratory at such place or places as the commissioner with the approval of the State Board of Agriculture and Industries determines will best serve to increase the efficiency of the work of the department. (Ag. Code 1927, §222; Code 1940,…

Ala. Code § 2-2-35 Certificate of Analysis Admissible as Evidence

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A certificate of analysis or examination by the chemist who is the supervisor or director of the laboratory of the Department of Agriculture and Industries or other laboratory utilized by the commissioner as provided in Section 2-2-33 in which the analysis or examination is made,…

Ala. Code § 2-2-36 Establishment and Operation of Laboratory

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The commissioner, with the approval of the State Board of Agriculture and Industries, shall have authority to incur such expenses and use such funds as necessary for the establishment, operation and maintenance of a laboratory or laboratories in which adequate and proper tests or…

Ala. Code § 2-2-37 Commissioner Authorized to Inspect and Secure Samples

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The commissioner is authorized, in person or by deputy or by his agents, to have free access at all reasonable hours to all premises, places of business, buildings, transportation facilities or packages or containers of whatever kind used in the manufacture, transportation, impor…

Ala. Code § 2-2-50 Agricultural Statistics

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The commissioner shall gather, compile and publish statistics relating to crop acreage, prospects and production; livestock and livestock products; prices of farm commodities; the marketing of farm products; wages of farm labor; the use and results of commercial and other forms o…

Ala. Code § 2-2-51 Designation of Federal Statistician

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The commissioner, with the approval of the State Board of Agriculture and Industries, may designate the statistician assigned to Alabama by the United States Department of Agriculture upon such terms as may be agreed upon with the United States Department of Agriculture. (Ag. Cod…

Ala. Code § 2-2-52 Funds to Pay Expenses of Compiling Statistics

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To defray the expenses of gathering, compiling and publishing statistics, funds available to the Department of Agriculture and Industries by legislative appropriation or otherwise may be expended for this purpose pursuant to budget and allotment as now provided by law. (Ag. Code …

Ala. Code § 2-2-53 Use of Information Gathered Under Article

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No information gathered or received from any individual under this article shall be used for tax purposes and shall not be disclosed except in aggregate amounts for entire counties. (Ag. Code 1927, §35; Code 1940, T. 2, §493.)

Ala. Code § 2-2-70 Legislative Findings

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The Legislature has found and does hereby declare that bonds that are required by persons obtaining licenses and permits that are issued by the Commissioner of Agriculture and Industries or the Department or the Board of Agriculture and Industries are hard to obtain and unduly ex…

Ala. Code § 2-2-71 Substitution of Bond Equivalent; Forms

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(a) Whenever there is a requirement under law to obtain any permit or license issued by the Commissioner of Agriculture and Industries, the Board of Agriculture and Industries or the Department of Agriculture and Industries that the permittee or licensee be bonded, the licensee o…

Ala. Code § 2-2-72 Trust Fund Agreements

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Every provision relating to the amount, the making, executing, filing and maintaining and all other requirements required for a bond issued by a surety shall also be applicable for any trust fund agreement issued in lieu of a bond. (Acts 1989, No. 89-692, p. 1364, §3.)

Ala. Code § 2-2-73 Promulgation of Rules and Regulations

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The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, and under the provisions of the Alabama Administrative Procedure Act, is hereby authorized to promulgate such rules and regulations as may be necessary to carry out…

Ala. Code § 2-2-90 Legislative Findings; Center for Alternative Fuels; Definitions

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(a) The Legislature finds that the interests of the citizens, businesses, and political subdivisions of this state are best served by promoting the development and encouraging the use of alternative fuels as a clean, abundant, reliable, and affordable source of energy. (b)(1) The…

Ala. Code § 2-2-91 Duties of the Center

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The responsibilities of the center shall be as follows: (1) To assess the current status and development of sources of alternative fuels as defined in subsection (c) of Section 2-2-90. (2) To act as an information center for alternative fuels. (3) To create an information clearin…

Ala. Code § 2-2-92 Promulgation of Rules

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The department may promulgate rules necessary for the efficient operation of the center. (Act 2007-452, p. 935, §3.)

Ala. Code § 2-2-93 Contributions to the Alternative Fuel Research and Development Fund

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Pursuant to subsection (a) of Section 40-18-140, each individual taxpayer required to file a state tax return desiring to contribute to the Alternative Fuel Research and Development Fund, may designate, by placing an “X” in the appropriate box on the state income tax form, that t…