0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-170 Permit Required of Sellers of Hens
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Any individual, partnership, corporation, association or other business unit which sells hens in Alabama shall, in the event assessments are required to be added to the purchase price of such hens under the provisions of this article, obtain from the Commissioner of Agriculture a…
Ala. Code § 2-8-171 Penalty; Inspection of Books and Records
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Any seller of hens who willfully fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required to be so remitted to the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount equal to three times…
Ala. Code § 2-8-18 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 § 2-8-19 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 § 2-8-190 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of cotton shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, purchasers and ginners of cotton, with the Commissioner of Agriculture and Industries and with t…
Ala. Code § 2-8-191 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 cotton producers and the cotton industry in general shall be deemed or considered illegal or in restraint of trade. History: (Acts 1981, No. 81-388, p…
Ala. Code § 2-8-192 Referendum to Levy Assessment Declared to Be in the 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 cotton producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the collection thereof for the financi…
Ala. Code § 2-8-193 Application for Certification and Approval to Conduct Referendum -
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Generally. (a) Any commission, established by the mutual agreement of any two or more nonprofit associations of cotton producers, fairly and substantially representative of the producers of cotton throughout the state, may at any time after May 5, 1981, make application to the St…
Ala. Code § 2-8-194 Application for Certification and Approval to Conduct Referendum -
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Action by Board on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any commission, formed by mutual agreement of two or more nonprofit associations of cotton producers, the said board shall within 30 days thereafter meet and co…
Ala. Code § 2-8-195 Authority of Certified Commission to Conduct Referendum on
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Assessment. Upon being so certified by the State Board of Agriculture and Industries, such commission shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama cotton producers a referendum wherein they shall be entitled to vote on the quest…
Ala. Code § 2-8-196 Notice of Referendum
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With respect to any referendum conducted under the provisions of this article, the duly certified commission shall, not less than 30 days before the date of such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and b…
Ala. Code § 2-8-197 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the commission certified by the State Board of Agriculture and Industries to conduct same, and such commission shall furnish all necessary ballots and arrange for the nec…
Ala. Code § 2-8-198 Eligibility to Vote in Referendum; Question to Be Voted On; Votes Cast
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by Secret Ballot. Any referendum conducted hereunder 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. Every producer of cotton who shall be subject to any assessment lev…
Ala. Code § 2-8-199 Approval of Assessment; Assessment Amount
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(a) If in the referendum a majority of the cotton producers who vote therein vote in favor of levying and collecting the assessment proposed in the referendum, the assessment shall be levied on a per bale basis and collected in the manner hereinafter provided. (b) All cotton prod…
Ala. Code § 2-8-2 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 cattle industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1961, Ex. Sess., No. 280, p. 2320, §2.)
Ala. Code § 2-8-20 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 § 2-8-200 Subsequent Referendums
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In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from cotton producers eligible for participation and voting therein, then the certified commission conducting the said referendum shall be authorized to ca…
Ala. Code § 2-8-201 Collection of Assessment; “Ginner” Defined; Remittance of
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Assessments by Ginner; Inspection of Books and Records by Commissioner; Deductions for Expenses. (a) In the event the required number of cotton producers approve, by a referendum as provided hereunder, the levying of an assessment upon the ginning of cotton for a promotional prog…
Ala. Code § 2-8-202 Remittances to Treasurer of Commission
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The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified commission all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of February, May, August and November of each year, less a commission of three perce…
Ala. Code § 2-8-203 Refund of Assessment
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Repealed by Act 2014-278, p. 884, §2, effective August 7, 2014. History: (Acts 1981, No. 81-388, p. 586, §14.)
Ala. Code § 2-8-204 Bond of Treasurer of Commission
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Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of a commission as authorized under the provisions of this article, the treasurer of said commission shall furnish the commissioner a bond approved by the commissioner in the amount of…
Ala. Code § 2-8-205 Expenditure of Assessments
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The funds derived from any assessments levied upon the ginning of cotton as authorized under this article shall be used and expended by the certified commission after such funds are remitted to it by the Commissioner of Agriculture and Industries for the purpose of promoting and …
Ala. Code § 2-8-206 Joint Programs with Other States
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Any certified commission may enter into agreements with like commissions, councils, boards or other agencies or non-profit associations of cotton growers of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such commiss…
Ala. Code § 2-8-207 Annual Audit of Commission; Examination by Department of Examiners
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of Public Accounts; Publication of Statement. The approved and certified commission receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conduct…
Ala. Code § 2-8-208 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 the rules and regulations governing the holding of referendums as adopted…
Ala. Code § 2-8-209 Enforcement Duties of Commissioner; Revocation of Certification of
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Commission. 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 ginning of cotton as set forth under the provisions of this arti…
Ala. Code § 2-8-21 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 § 2-8-210 Compliance with Article Prerequisite for Holding Ginner’s Permit Under
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Section 2-19-61. In addition to all other prerequisites for holding a ginner’s permit issued pursuant to Section 2-19-61 the holding thereof shall also be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the r…
Ala. Code § 2-8-211 Penalty; Inspection of Books and Records; Injunctions
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(a) Any ginner of cotton who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries any assessment required by this article to be so collected and remitted to the commissioner shall be guilty of a Class C misdemeanor. Any ginner of cotton …
Ala. Code § 2-8-22 Penalty for Failure to Deduct and Pay Over Assessment
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Any dealer, handler, processor, sales market or other purchaser of cattle 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 commissioner shall be guilty of a misdemeanor…
Ala. Code § 2-8-230 Legislative Intent and Purpose
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It is hereby declared to be in the interest of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, and purchasers of wheat, corn, grain sorghum, and oats and with th…
Ala. Code § 2-8-231 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 wheat, corn, grain sorghum, and oats industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1985, No. 85-701, p. 1142…
Ala. Code § 2-8-232 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 wheat, corn, grain sorghum, and oats producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the coll…
Ala. Code § 2-8-233 Application of Nonprofit Association for Certification and Approval to
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Conduct Referendum — Generally. Any nonprofit association of producers fairly and substantially representative of the producers of wheat, corn, grain sorghum, and oats throughout the state, may at any time after this article becomes effective, make application to the State Board …
Ala. Code § 2-8-234 Application of Nonprofit Association for Certification and Approval to
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Conduct Referendum - Action by Board on Application. Upon filing with the State Board of Agriculture and Industries of an application by any nonprofit association of wheat, corn, grain sorghum, and oats producers, the said board shall within 30 days thereafter meet and consider t…
Ala. Code § 2-8-235 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being so certified by the State Board of Agriculture and Industries, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama wheat, corn, grain sorghum, and oats producers a referendum wherein they shall …
Ala. Code § 2-8-236 Notice of Referendum
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With respect to any referendum conducted under the provisions of this article, the duly certified organization 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 an…
Ala. Code § 2-8-237 Conduct of Referendum; Payment of Expenses
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The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the organization certified by the State Board of Agriculture and Industries to conduct the same, and such organization shall furnish all necessary ballots and arrange for…
Ala. Code § 2-8-238 Eligibility to Vote in Referendum; Question to Be Voted On
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Any referendum conducted hereunder 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 wheat, corn, grain sorghum, and oats who shall be subject to any ass…
Ala. Code § 2-8-239 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitations on Assessment. If in such referendum a majority or more of the wheat, corn, grain sorghum, and oats producers who are eligible to participate and actually vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment…
Ala. Code § 2-8-240 Subsequent Referendums
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In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from wheat, corn, grain sorghum, and oats producers eligible for participation and voting therein, then the certified association conducting the said refer…
Ala. Code § 2-8-241 Collection of Assessments; Deductions by First Purchaser; Remittance
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to Commissioner; Inspection of Books and Records; Commissioner to Deduct Percent for Expenses. In the event the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum as provided hereunder, the levy of an assessment upon the sale of wheat, corn…
Ala. Code § 2-8-242 Remittances to Treasurer of Association by Commissioner
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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 a commission of three percen…
Ala. Code § 2-8-243 Provisions of Article Not Applicable to Certain Purchases
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The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of wheat, corn, grain sorghum, and oats in any calendar year, nor shall the provisions of this article apply to occasional sales between growers. History: (Acts 1985, No. 85-701, p. 1…
Ala. Code § 2-8-244 Refund of Assessment When Producer Dissatisfied; Procedure
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Any producer of wheat, corn, grain sorghum, and oats 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 …
Ala. Code § 2-8-245 Treasurer of Association to Be Bonded
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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 the commissioner a bond approved by the commissio…
Ala. Code § 2-8-246 Expenditure of Assessments; Disbursements Not Subject to Budget or
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Allotment Requirements. The funds derived from any assessments levied upon the sale of wheat, corn, grain sorghum, and oats 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 Agricult…
Ala. Code § 2-8-247 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 and such associations, commissions or other agencies in other st…
Ala. Code § 2-8-248 Annual Audit of Association; Review by Examiner of Public Accounts;
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Publication of Statement. The approved and certified association receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conducted by a certified p…
Ala. Code § 2-8-249 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 the rules and regulations governing the holding of referendums as adopted…