Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-357 Referendum - Levy of Assessment
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In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing all businesses where shrimp and seafood are sold to the public at the first point of sale by commercial shrimp boat owners and commercial seafood fishermen license…
Ala. Code § 2-8-358 Assessment Moneys Collected - Generally
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The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of…
Ala. Code § 2-8-359 Assessment Moneys Collected - Refunds
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Any shrimper or seafood fisherman against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from…
Ala. Code § 2-8-360 Duty of Treasurer Before Money Remitted
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Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated annual total amount of the assessments handled by the treas…
Ala. Code § 2-8-361 Use of Funds
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The funds derived from any assessments levied pursuant to this article shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of shrimp and seafood and the consumption and use of…
Ala. Code § 2-8-362 Certified Association - Generally
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A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar shrimp and seafood industry promotional program jointly with the associations, commissions, or other agencies in other …
Ala. Code § 2-8-363 Certified Association - Audit
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A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditure…
Ala. Code § 2-8-364 Rules and Regulations
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The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of asse…
Ala. Code § 2-8-365 Enforcement and Collection of Assessments; Revocation of
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Certification. The commissioner, through the department, shall enforce and collect the assessment levied upon shrimpers and seafood fishermen and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association…
Ala. Code § 2-8-366 Violations
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Any individual who sells shrimp or seafood in the state who willfully fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount of the assessment the indivi…
Ala. Code § 2-8-380 Short Title
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This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act. History: (Act 2016-293, §1.)
Ala. Code § 2-8-381 Definitions
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As used in this article the following words shall have the following meanings: (1) DEPARTMENT. The Department of Agriculture and Industries. (2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher educ…
Ala. Code § 2-8-382 Purposes; Programs; Legislative Findings
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(a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the forefront of industrial hemp production, development, and commercialization of hemp products in agribusiness, and other business s…
Ala. Code § 2-8-383 Rulemaking Authority; Disposition of Funds; Powers and Duties of
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Department. (a) The department may adopt rules in accordance with the Alabama Administrative Procedure Act, as necessary to administer an industrial hemp research program and to license growers to grow industrial hemp pursuant to this article, including rules establishing reasona…
Ala. Code § 2-8-4 Application of Cattle Owners’ Association for Certification and Approval
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to Conduct Referendum - Generally. Any nonprofit association of cattle owners organized for the promotion and betterment of the cattle industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a ref…
Ala. Code § 2-8-40 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of swine shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of swine and with the Commissioner of Agriculture and Industries and with the State…
Ala. Code § 2-8-41 Authorized Activities Not Illegal or in Restraint of Trade
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No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama swine industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1973, No. 463, p. 653, §2.)
Ala. Code § 2-8-42 Referendum and Assessments Declared to Be in Public Interest
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It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that swine producers be permitted by referendum as provided in this article to levy upon themselves an assessment and to provide for the collection thereof for the finan…
Ala. Code § 2-8-43 Application of Swine Producers’ Association for Certification and
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Approval to Conduct Referendum - Generally. Any nonprofit association of swine producers organized for the promotion and betterment of the swine industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conduc…
Ala. Code § 2-8-44 Application of Swine Producers’ Association for Certification and
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Approval to Conduct Referendum - Action by Board on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of swine producers as provided in Section 2-8-43, the said board shall within 30 days thereafter meet…
Ala. Code § 2-8-45 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-44, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama swine producers a referendum wherein they shall be en…
Ala. Code § 2-8-46 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-45, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the a…
Ala. Code § 2-8-47 Conduct of Referendum; Payment of Expense
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Arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessary ba…
Ala. Code § 2-8-48 Eligibility to Vote in Referendum; Question to Be Voted On
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Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding of such referendum. All producers of swine who shall be subject to any assessments levied under the provisions of this article …
Ala. Code § 2-8-49 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitations on Assessments. If in any referendum held under the provisions of this article a majority or more of the swine producers eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of the assessment prop…
Ala. Code § 2-8-5 Application of Cattle Owners’ Association for Certification and Approval
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to Conduct Referendum - Action by Board on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of cattle owners as provided in Section 2-8-4, the said board shall within 30 days thereafter meet and conside…
Ala. Code § 2-8-50 Subsequent Referendums
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In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from swine producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized t…
Ala. Code § 2-8-51 Collection of Assessments; Deductions for Expenses
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In the event the required number of swine producers approve by a referendum as provided in this article the levying of an assessment upon the sale of swine for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every per…
Ala. Code § 2-8-52 Remission of Collections to Treasurer of Association
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The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of January, April, July and October of each year, less an amount not to exceed thre…
Ala. Code § 2-8-54 Refund of Assessment to Swine Producer
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Any producer of swine against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the right to demand and receive from the treasurer of the certified association a refund of the amount of the assessment collec…
Ala. Code § 2-8-55 Exempt Sales
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The provisions of this article shall not apply to occasional sales between producers. History: (Acts 1973, No. 463, p. 653, §16.)
Ala. Code § 2-8-56 Bond of Treasurer of Association
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Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions of this article, the treasurer of said organization shall furnish to the commissioner a bond approved by the commis…
Ala. Code § 2-8-57 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of swine as authorized under this article shall be used and expended by the certified association, after such funds are remitted to it by the Commissioner of Agriculture and Industries, for the purpose of promoting and s…
Ala. Code § 2-8-58 Joint Programs with Other States
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Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such associations, commissions or other agencies in other st…
Ala. Code § 2-8-59 Annual Audit of Association; Examination by Department of Examiners
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of Public Accounts; Publication of Statement. The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years, cause an audit of its books and accounts for the two-year period to be …
Ala. Code § 2-8-6 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-5, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama cattle owners a referendum wherein they shall be entit…
Ala. Code § 2-8-60 Rules and Regulations
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The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article, which shall include rules and regulations governing the holding of referendums as adopted by…
Ala. Code § 2-8-61 Enforcement Duties of Commissioner; Revocation of Certification of
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Association. It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and collect the assessment charges levied upon the sale of agricultural commodities under the provisions of this…
Ala. Code § 2-8-62 Penalty for Failure to Deduct and Pay Over Assessment; Inspection of
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Books and Records; Injunctions. (a) Any dealer, handler, processor, sales market or other purchaser of swine who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remitted to the commission…
Ala. Code § 2-8-7 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-6, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the area covered by the refere…
Ala. Code § 2-8-8 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessar…
Ala. Code § 2-8-80 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of soybeans shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of soybeans and with the Commissioner of Agriculture and Industries and with the…
Ala. Code § 2-8-81 Authorized Activities Not Illegal or in Restraint of Trade
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No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama soybean industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1971, No. 227, p. 523, §2.)
Ala. Code § 2-8-82 Referendum and Assessments Declared to Be in Public Interest
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It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that soybean producers be permitted by referendum as provided in this article to levy upon themselves an assessment and to provide for the collection thereof for the fin…
Ala. Code § 2-8-83 Application of Soybean Producers’ Association for Certification and
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Approval to Conduct Referendum - Generally. Any nonprofit association of producers fairly and substantially representative of the producers of soybeans throughout the state may make application to the State Board of Agriculture and Industries for certification and approval for th…
Ala. Code § 2-8-84 Application of Soybean Producers’ Association for Certification and
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Approval to Conduct Referendum - Action by State Board of Agriculture and Industries on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of soybean producers, as provided in Section 2-8-83, the said boa…
Ala. Code § 2-8-85 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-84, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama soybean producers a referendum wherein they shall be …
Ala. Code § 2-8-86 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-85, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the a…
Ala. Code § 2-8-87 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessar…
Ala. Code § 2-8-88 Eligibility to Vote in Referendum; Question to Be Voted On
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Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries for the holding of such referendum. All producers of soybeans who shall be subject to any asse…