0 chapters · 1,215 sections in this title.
Ala. Code § 2-5A-1 Establishment; Powers and Duties
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(a) The Farmers’ Market Authority is established in the Department of Agriculture and Industries. The authority shall have the powers and duties to establish agricultural markets to prevent waste and to provide marketing facilities where farm products, including fruits, vegetable…
Ala. Code § 2-5A-10 Fixing Minimum Prices
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The commissioner, from time to time, as he or she may deem necessary, may fix minimum prices on the different grades and classes as provided for in this article and enforce the same by not permitting any person to sell any fruits, vegetables, or truck crops within the bounds of a…
Ala. Code § 2-5A-11 Facilitating Sale and Exchange of Products
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The commissioner, when in his or her judgment it shall be advisable and necessary, shall provide a suitable means of communication between the Board of Agriculture and Industries and the farmers’ market or markets established under this article so as to facilitate the sale and ex…
Ala. Code § 2-5A-12 Disposition of Funds
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All funds collected under this article shall be deposited in the State Treasury to the credit of a special fund for the use of the Department of Agriculture and Industries and shall be used solely for maintenance, repair, and capital outlay for markets and market facilities, for …
Ala. Code § 2-5A-13 Sales by Producer to Consumer Outside Markets
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No provision of this article shall be construed to apply to any producer of this state who sells his or her own produce directly to the consumer outside of the state markets established under this article. History: (Act 2013-286, p. 981,§1.)
Ala. Code § 2-5A-14 Lease of Space or Facilities; Remedies Upon Default
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To assure the liquidation of the costs incurred in the installation of facilities at farmers’ markets, notwithstanding Article 3 (commencing with Section 9-15-70) of Chapter 15 of Title 9, the commissioner, with approval of the Board of Agriculture and Industries, may enter into …
Ala. Code § 2-5A-15 Local Appropriations Authorized
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The county commission of any county and the governing body of any municipality may make such appropriations as, in their discretion, may be deemed necessary or proper to assist in the establishment of farmers’ markets under this article. History: (Act 2013-286, p. 981,§1.)
Ala. Code § 2-5A-2 Director
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(a) The commissioner may appoint a director who, under the supervision of the commissioner, shall administer this article. The director shall receive a salary to be fixed as provided in Section 36-6-6, payable in installments in the same manner as the salaries of other state empl…
Ala. Code § 2-5A-3 Establishment of Farmers’ Markets
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When a site has been acquired by purchase, lease, rent, gift, or otherwise, the commissioner may establish thereon a farmers’ market, independent of and without the necessity of securing any permit from any municipality in which a site or sites may be located. History: (Act 2013-…
Ala. Code § 2-5A-30 Definitions
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Whenever used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) BONDS. Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. (2) GOVERNMENT S…
Ala. Code § 2-5A-31 Authorization to Issue Bonds
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The commissioner, with approval of the Board of Agriculture and Industries, in addition to all other powers previously conferred upon it, may issue and sell its bonds in the aggregate principal amount not to exceed ten million dollars ($10,000,000) for the purpose of acquiring, c…
Ala. Code § 2-5A-32 Execution and Other Details of Bonds
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The bonds shall be signed by the chair or vice chair of the Board of Agriculture and Industries, and the seal of the Department of Agriculture and Industries shall be affixed thereto, or a facsimile thereof imprinted thereon, and attested by the secretary of the board. All signat…
Ala. Code § 2-5A-33 Sale of Bonds
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The bonds may be sold by the Department of Agriculture and Industries from time to time in series. Each series of the bonds shall be sold at competitive bid and at such price or prices and at such time or times as the commissioner may consider advantageous. Bonds sold by competit…
Ala. Code § 2-5A-34 Security for Bonds
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The bonds shall not be general obligations of the Department of Agriculture and Industries but shall be limited obligations payable solely from one or more specified sources, including, but not limited to, revenues derived from market charges, authorized under Section 2-5A-6, lea…
Ala. Code § 2-5A-35 Refunding Bonds
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(a) Any bonds issued by the Department of Agriculture and Industries pursuant to this article may from time to time thereafter be refunded by the issuance of refunding bonds of the Department of Agriculture and Industries; provided, however, that no refunding bonds shall be issue…
Ala. Code § 2-5A-36 Establishment of Debt Service Reserve Fund
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A debt service reserve fund may be established and maintained in such an amount and under such conditions for any or all series of the bonds as may be determined by the Board of Agriculture and Industries in its resolution relating to the bonds. The Department of Agriculture and …
Ala. Code § 2-5A-37 Investment of Proceeds from Bond Sales
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Prior to the completion of farmers’ market facilities to be financed with proceeds of bonds, any portion of the principal proceeds derived from the sale of the bonds which the commissioner may determine is not then needed for any of the purposes for which the bonds are authorized…
Ala. Code § 2-5A-38 Property of Authority Exempt from Taxation
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The Department of Agriculture and Industries, its property and income and all obligations issued by the Department of Agriculture and Industries, the income from such obligations or from the investment of such income, and all conveyances, leases, mortgages, and deeds of trust by …
Ala. Code § 2-5A-39 Maintaining Federal Tax-Exempt Status
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The Board of Agriculture and Industries has the power and hereby delegates power to the Commissioner of Agriculture and Industries to cause appropriate reports to be prepared and payments submitted to the United States of America as shall be deemed necessary to cause the interest…
Ala. Code § 2-5A-4 Regulation of Market Location; No Right of Eminent Domain
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Any farmers’ market, as to its location in any municipality, shall be subject to any necessary or fair municipal zoning ordinances or fire or health regulations. This article shall not be construed as conferring the right of eminent domain upon the Department of Agriculture and I…
Ala. Code § 2-5A-5 Regulating Conduct of Markets; Grades and Classes for Produce; Sale
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of Cull Produce. The commissioner, with approval of the Board of Agriculture and Industries, may make such rules as in his or her judgment may be necessary to conduct properly such farmers’ market or markets, both wholesale and retail. The commissioner may provide experienced and…
Ala. Code § 2-5A-6 Market Charges
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In acquiring the sites for such market or markets and in conducting same, the commissioner, with approval of the Board of Agriculture and Industries, may prescribe and collect reasonable charges to pay the necessary costs of acquiring, operating, and maintaining such sites and ma…
Ala. Code § 2-5A-7 Sale of Articles Unfit for Food to Be Prohibited
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Whenever any farm products are found on any market in this state in such condition that they are unfit for food, it shall be the duty of the commissioner or his or her duly authorized agent to forbid the same from being sold in this state, the same as is now done with other food …
Ala. Code § 2-5A-8 Rules to Enforce Article
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The commissioner, with the approval of the Board of Agriculture and Industries, may make and promulgate such rules as in his or her judgment may be necessary to enforce this article. The rules shall be promulgated by being posted for a period of 24 hours in a conspicuous place in…
Ala. Code § 2-5A-9 Ejection of Persons from Markets
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The commissioner, through his or her authorized agents, may eject from any farmers’ market any person, and his or her property, refusing to comply with this article and the rules promulgated hereunder. History: (Act 2013-286, p. 981,§1.)