Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-25-1 Definitions
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When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fun…
Ala. Code § 2-25-10 Introduction into State of Live Plant Pests, Etc., or Specimens of
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Disease Injurious to Plants; Special Permit. The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall b…
Ala. Code § 2-25-11 Common Carriers, Etc., Not to Accept for Shipment or Deliver Nursery
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Stock, Etc., Without Official Tags, Etc. No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which…
Ala. Code § 2-25-12 Common Carriers Not to Be Liable for Damages for Refusal to Receive,
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Deliver, Etc., Boxes, Packages Without Official Tags, Etc. No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Sectio…
Ala. Code § 2-25-13 Movement, Sale, Etc., into State or Within State of Plants, Plant
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Products, Etc., During Quarantines; Confiscation by Commissioner; Plants, Etc., Moved into Quarantined Area. Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of this s…
Ala. Code § 2-25-13.1 Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; “Viable”
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Defined. It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of …
Ala. Code § 2-25-14 Sale, Carriage, Shipment, Etc., of Nursery Stock by Nurserymen or
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Dealers. It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this article and the rules and regulations made pursuant thereto. History: (Ag. Code 1927, …
Ala. Code § 2-25-15 Importation, Sale, Possession, Etc., of Fruits, Nuts, Etc., Infested or
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Infected with Plant Pests or Noxious Weeds Likely to Cause Damage. It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are i…
Ala. Code § 2-25-15.1 Receipt of Plants, Nursery Stock, Etc., Not in Compliance with Law by
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Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item. Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage or shipment within this state,…
Ala. Code § 2-25-16 Throwing Cuttings, Prunings, Etc., into Public Roads, Fields, Etc.;
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Destruction of Cuttings, Prunings, Etc., Containing Plant Pests or Noxious Weeds. It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of any fruit trees, nursery stock or ornamental trees or any fruit…
Ala. Code § 2-25-17.1 Procedures to Be Used When Plant, Nursery Stock, Etc., Found to
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Contain Plant Pests or Noxious Weeds; Commissioner’s Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of Treatment or Destruction. If the commissioner finds, on examination, any plant, plant product or nursery stock in…
Ala. Code § 2-25-17.2 Procedures for Fumigation or Treatment of Infested Plants, Etc
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The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the …
Ala. Code § 2-25-18 Appeals to State Board from Findings or Orders of Commissioner
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The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings. This appeal from th…
Ala. Code § 2-25-19.1 Penalties, Temporary Restraining Orders or Injunctions for Violations
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Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies. In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or tempor…
Ala. Code § 2-25-19.2 Acts of Officials, Agents, Employees, Etc., Deemed Those of Principal
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as Well as of Individual. In construing and enforcing the provisions of this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or…
Ala. Code § 2-25-2 Purposes of Article
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The purposes of this article are to prevent the introduction into and dissemination within this state of plant pests and noxious weeds injurious to plants and plant products of this state, to provide for the inspection and control of nurseries and the regulation of the sale and d…
Ala. Code § 2-25-20 Promulgation of Rules and Regulations of Board or Commissioner;
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Admissibility in Evidence Thereof. (a) All rules and regulations made by the board or commissioner shall be promulgated by publishing same in any official organ of the department or of the board or by giving such other reasonable public notice as may be prescribed by the board; p…
Ala. Code § 2-25-21 Review of Rules or Regulations by Board
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Any person affected by any rule or regulation made on notice given pursuant to this article may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost …
Ala. Code § 2-25-22 Violations of Article, Rules and Regulations, Notice or Order; Forgery,
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Etc., of Certificates, Etc. Any person who shall violate any provision or requirement of this article or of the rules and regulations made thereunder or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any cert…
Ala. Code § 2-25-3 Power and Duty of Commissioner as to Protection of Agricultural and
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Horticultural Interests from Plant Pests and Noxious Weeds Generally. It shall be the duty of the commissioner to protect the agricultural and horticultural interests of the state from plant pests and noxious weeds; and, to that end, he is vested with power and authority to: (1) …
Ala. Code § 2-25-4 Power and Duty of Board as to Protection of Agricultural and
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Horticultural Interests from Plant Pests and Noxious Weeds Generally. It shall be the duty of the board to protect the agricultural and horticultural interests of the state and, to that end, it is vested with power and authority to: (1) Make all such rules and regulations governi…
Ala. Code § 2-25-40 Delivery of Fruit Trees of Different Kind, Variety, Etc., Than Sold
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It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing s…
Ala. Code § 2-25-41 Limitation Period for Prosecutions Under Section 2-25-40
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Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in Section 2-25-40. History: (Ag. Code 1927, §318; Code 1940, T. 2, §483.)
Ala. Code § 2-25-42 Sale, Etc., of Falsely Named Seeds, Trees, Plants, Etc
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All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and kind, and any person selling, trading or exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to varie…
Ala. Code § 2-25-5 Exercise of Quarantine Powers of Board by Commissioner
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All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner, acting independently of the board, during the intervening time between the meetings of the board; provided, that when the same…
Ala. Code § 2-25-6 Inspection Certificate Required for Nurserymen and Dealers in Nursery
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Stock; Fees. (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he or she shall apply for and obtain from the commissioner an inspection certificate indicating compliance with the provisions…
Ala. Code § 2-25-8 When Commissioner May Refuse, Recall or Revoke Inspection
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Certificates. The commissioner shall have the power to refuse to issue an inspection certificate or to recall or to revoke any certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said certificate may tend to introduce into…
Ala. Code § 2-25-9 Affixation of Official Tags to Boxes, Packages, Etc., in Which Nursery
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Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, Etc., Shipped into State Without Official Tags. Each box, bundle or package of nursery stock moved into or within the State of Alabama shall have a valid official tag bearing a copy of the certificate of…