Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-26-1 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) PERSON. An individual, partnership, corporation, company, society, association or agency. (2) AGRICULTURAL SEED. The seeds of grasse…
Ala. Code § 2-26-10 Maintenance, Inspection, Etc., of Records as to Receipt, Sale and
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Delivery of Seeds Generally; Maintenance of Sales Records by Retail Sellers; Maintenance of Bills of Lading, Waybills, Etc., by Trucks, Etc., Transporting Seed for Sale, Etc.; Auditing of Records of Receipts, Sales and Deliveries of Seeds. (a) Records of receipts, sale and delive…
Ala. Code § 2-26-11 Prohibited Acts
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(a) It shall be unlawful for any person to sell, offer for sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed unless the test to determine the percentage of germination required by Section 2-26-7 shall have been completed within a nine- …
Ala. Code § 2-26-12 Suspension from Sale, Seizure and Condemnation of Articles Not in
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Compliance with Provisions of Article. Any lot of agricultural, vegetable, herb, tree, shrub or flower seed not in compliance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation. The issuance of a “suspension from sale or use” or…
Ala. Code § 2-26-13 Violation of Provisions of Article or Rules or Regulations Promulgated
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Hereunder Deemed Misdemeanor. Any person who shall perform any of the acts which are declared to be unlawful by this article or who fails to perform any duty or requirements imposed by the provisions of this article or who violates any rule or regulation duly promulgated hereunde…
Ala. Code § 2-26-14 Exemptions from Article
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The provisions of this article do not apply to: (1) Seed when sold directly to and in the presence of the consumer and taken from the container properly labeled in accordance with the provisions of this article, but this provision shall in no way exempt the vendor from the analys…
Ala. Code § 2-26-15 Seed Inspection Fees; Reporting
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(a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record …
Ala. Code § 2-26-2 Powers and Duties of Commissioner Generally
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It shall be the duty of the Commissioner of Agriculture and Industries, who may act individually or through his authorized agents to: (1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub and flower seeds transported, sold, offered or exposed f…
Ala. Code § 2-26-3 Promulgation of Rules and Regulations by State Board
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(a) The State Board of Agriculture and Industries shall have power to prescribe and, after public hearing following due public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower, tr…
Ala. Code § 2-26-3.1 Exclusive Jurisdiction of Board and Commissioner; Local Regulation of
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Seeds Prohibited. (a) This chapter and its provisions and requirements are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, …
Ala. Code § 2-26-30 Promulgation of Rules and Regulations for Removal, Etc., of Fungi and
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Noxious Weeds from Seeds and Small Grains by Commissioner. The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to promulgate and adopt rules and regulations for the purpose of eradicating and pre…
Ala. Code § 2-26-31 Suspension from Sale, Seizure and Condemnation of Seeds and Small
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Grains Sold, Transported, Etc., in Violation of Rules and Regulations; Right of Commissioner to Inspect and Secure Samples. Any agricultural or vegetable seed or small grain used for planting purposes which is sold, offered for sale, exposed for sale or transported in violation o…
Ala. Code § 2-26-32 Failure to Process, Clean, Etc., Seeds or Small Grains or Sale,
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Distribution, Etc., of Seeds or Small Grains Not Cleaned, Processed, Etc., in Accordance with Rules and Regulations Promulgated Under Article. It shall be unlawful for anyone to fail or refuse to clean, process or treat agricultural or vegetable seed or small grain used for plant…
Ala. Code § 2-26-4 Establishment of Seed Division and Testing Laboratory; Enforcement of
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Rules and Regulations as to Sale or Distribution of Tree or Shrub Seed. (a) There shall be established within the Department of Agriculture and Industries a seed division which shall maintain facilities, equipment, and qualified personnel to perform the seed testing, sampling, an…
Ala. Code § 2-26-5 Annual Permit Fees
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(a) Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such seed in the State of Alabama shall, bef…
Ala. Code § 2-26-50 Adoption and Registration of Symbols of Identification or Certification of
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Foundation Seed, Seeds or Plant Parts. An association or associations of farmers engaged in multiplying and certifying seed or plant parts of a superior variety or strain of plants or crops, such as those bred and tested or tested only by the Agricultural Experiment Station of Au…
Ala. Code § 2-26-51 Use of Symbols by Persons, Associations, Etc., Other Than
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Associations Registering Same; Violations of Provisions of Article Deemed Misdemeanors. (a) It shall be unlawful for any person, firm, association or corporation, other than the association which so registered such symbol or symbols, to use such symbol or symbols in any manner fo…
Ala. Code § 2-26-52 Cooperation of Department of Agriculture and Industries and
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Agricultural Extension Service and Experiment Station of Auburn University. The Department of Agriculture and Industries, the Agricultural Extension Service and the Agricultural Experiment Station of Auburn University are hereby authorized and directed to cooperate and work with …
Ala. Code § 2-26-6 Injunctive Proceedings to Restrain Persons Selling, Processing,
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Cleaning, Etc., Seed Without Permit. Any person required to secure a permit as provided under Section 2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be restrained from engaging in the sale of agricultural, vegetable, flower, tree, s…
Ala. Code § 2-26-7 Requirements as to Labeling of Containers in Which Seed Sold,
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Distributed, Etc. (a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which is sold, offered for sale, exposed for sale or distributed within this state for planting or sowing purposes shall have attached thereto in a conspicuous place a plainly…
Ala. Code § 2-26-70 Purpose of Article
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The intent and purpose of this article is to provide a method for assisting farmers and other seed purchasers and seed dealers to determine the validity of complaints of such seed purchasers against seed dealers relating to the quality of the seed by establishing a committee to i…
Ala. Code § 2-26-71 Creation of Seed Investigation and Arbitration Committee; Composition;
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Qualifications, Appointment and Terms of Office of Members; Officers; Meetings Generally. There is hereby created and established a Seed Investigation and Arbitration Committee to be appointed by the Commissioner of Agriculture and Industries to consist of five members. The membe…
Ala. Code § 2-26-72 Compensation and Expenses of Members of Committee
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The members of the committee shall receive no compensation for the performance of their duties, but shall be reimbursed for travel expenses incurred in the performance of their duties in the same manner and at the same rate paid to state employees for travel expenses when such me…
Ala. Code § 2-26-73 Duties of Committee; Calling of Meetings of Committee
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The duties of the Seed Investigation and Arbitration Committee shall be to assist farmers and other purchasers of agricultural, vegetable, flower, tree, shrub and herb seeds and seed dealers to ascertain and determine the validity of complaints made by seed purchasers against see…
Ala. Code § 2-26-74 Filing of Complaint as to Performance or Labeling of Seed by
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Purchaser; Forwarding of Complaint and Answer Thereto to Committee for Investigation, Findings and Recommendations. Any farmer, or other purchaser of agricultural, vegetable, flower, tree and shrub or herb seeds purchased for planting purposes who believes that he has been damage…
Ala. Code § 2-26-75 Conduct of Investigation as to Complaint by Committee; Hindering,
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Obstructing, Etc., Access to Premises, Review of Records, Etc., by Committee; Report of Findings and Recommendations. When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other seed purchaser to the Seed Investigation and Arbitration Committee, sa…
Ala. Code § 2-26-76 Effect and Admissibility as Evidence of Findings and Recommendations
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of Committee; Effect of Provisions of Article Upon Legal and Equitable Rights of Persons. The findings or recommendations of the committee shall be in the nature of arbitration or settlement, but its findings and recommendations shall not affect the rights of parties to resort to…
Ala. Code § 2-26-8 Analyses and Interpretations of Seeds
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Analyses and interpretations shall be in accordance with the rules and regulations prescribed by the Association of Official Seed Analysts. History: (Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)
Ala. Code § 2-26-9 Requirements as to Certification, Etc., of Hybrid Seed Corn Sold or
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Offered for Sale. No hybrid seed corn shall be sold or offered for sale unless it is certified by a recognized seed certifying agency or produced by a person having a bona fide corn breeding program. The State Board of Agriculture and Industries shall be authorized to determine w…