Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-1 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that owners of cattle shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of cattle and with the Commissioner of Agriculture and Industries and with the State …
Ala. Code § 2-8-10 Majority Vote Required for Approval of Assessment; Canvass of
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Referendum Results. If in any referendum held under the provisions of this article a majority of the cattle owners of the area in which the referendum is conducted, eligible to participate and voting therein, shall vote in the affirmative and in favor of the levying and collectio…
Ala. Code § 2-8-100 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 § 2-8-101 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 § 2-8-102 Permit Required of Buyers of Soybeans
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Any individual, partnership, corporation, association or other business unit which buys soybeans in Alabama from the producer thereof shall, in the event assessments are required to be deducted from the purchase price of such soybeans under the provisions of this article, obtain …
Ala. Code § 2-8-103 Penalty; Inspection of Books and Records; Injunctions
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(a) Any dealer, handler, processor or other purchaser of soybeans 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 or who fails or refuses to obtain a perm…
Ala. Code § 2-8-11 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 cattle owners eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to …
Ala. Code § 2-8-12 Collection of Assessments; Deductions for Expenses
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In the event the required number of cattle owners approve, by a referendum as provided in this article, the levying of an assessment upon the sale of cattle for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every pe…
Ala. Code § 2-8-120 Declaration of Policy
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It is declared to be in the interest of the public welfare that the Alabama farmers who are producers of nuts, bulbs, fruits and vegetables shall be permitted and encouraged to act jointly and in cooperation with handlers, dealers and processors of such products in promoting and …
Ala. Code § 2-8-121 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 all of the producers, handlers and processors of a particular commodity shall be deemed or considered illegal or in restraint of trade. History: (Acts 1957, No. 1…
Ala. Code § 2-8-122 Referendum to Levy Assessment 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 agricultural economy of the state that farmers, producers and growers commercially producing the commodities referred to in this article shall be permitted by referendum to be held among the…
Ala. Code § 2-8-123 Application for Certification and Approval to Conduct Referendum -
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Generally. Any commission, council, board or other agency or any nonprofit association of producers, fairly representative of the growers or producers of any agricultural commodity referred to in this article may make application to the State Board of Agriculture and Industries o…
Ala. Code § 2-8-124 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 such application as is provided for in Section 2-8-123, on the part of any commission, council, board, other agency or association, the said board shall, within 30 days thereafte…
Ala. Code § 2-8-125 Authority of Certified Organization to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries in the manner set forth in Section 2-8-124, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers and growers of such particular agricu…
Ala. Code § 2-8-126 Notice of Referendum; Maximum Assessment
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When a referendum has been authorized as provided in Section 2-8-125, the certified organization shall, before calling and announcing the referendum, fix, determine, and publicly announce, at least 30 days before the date determined upon for the referendum, the date, hours, and p…
Ala. Code § 2-8-127 Conduct of Referendum; Payment of Expense
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The arrangements for and management of any referendum conducted under the provisions of this article shall be under the direction of the organization duly certified and authorized to conduct the same, and any and all expenses in connection therewith shall be borne by such organiz…
Ala. Code § 2-8-128 Eligibility to Vote in Referendum; Question Before Voters
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Any referendum conducted under this article may be held either on an area or statewide basis, as may be determined by the certified organization before the referendum is called. The referendum may be participated in by all producers engaged in the production of the agricultural c…
Ala. Code § 2-8-129 Negative Vote in Referendum
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If in any referendum held under the provisions of this article a majority of the producers in the area in which the referendum is conducted, eligible to participate and voting therein, shall vote in the negative and against the levying or collection of the assessment, then no ass…
Ala. Code § 2-8-13 Remittances 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 a commission of three percen…
Ala. Code § 2-8-130 Affirmative Vote in Referendum
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If in any referendum called under the provisions of this article, a majority of the producers in the area in which any referendum is conducted, eligible to participate and voting therein, shall vote in the affirmative and in favor of the levying and collection of the assessment p…
Ala. Code § 2-8-131 Hours, Voting Places, Rules, Etc., for Referendum; Notices to Be Given
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The hours, voting places, and rules for any referendum authorized in this article with respect to any of the agricultural commodities herein referred to and the area in which the referendum shall be held shall be established and determined by the organization of the commercial gr…
Ala. Code § 2-8-132 Ballots and Poll Holders for Referendum; Canvass of Results
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The duly certified organization of the producers of any agricultural product among whom a referendum shall be conducted under the provisions of this article shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof and shal…
Ala. Code § 2-8-133 Collection of Assessment; Disposition
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(a) In the event a majority of the producers eligible for participation in a referendum conducted under this article and voting therein vote in favor of the assessment, the assessment shall be collected annually for five years, as set forth in the call for the referendum, and the…
Ala. Code § 2-8-134 Subsequent Referendum After Negative Vote
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In the event a referendum conducted as provided in this article shall not be supported by a majority of those eligible for participation therein and voting therein, the organization conducting the referendum may call another referendum for the purposes set forth in this article n…
Ala. Code § 2-8-135 Subsequent Referendum After Affirmative Vote
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In the event a referendum conducted as provided in this article is carried by the vote of a majority of the eligible producers participating therein and assessments in pursuance thereof are levied annually for five years as set forth in the call for the referendum, then the organ…
Ala. Code § 2-8-136 Refund of Assessment
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In the event a referendum conducted as provided in this article is carried in the affirmative and the assessment is levied and collected as provided in this article and under the regulations to be promulgated by the duly certified organization conducting the same, any farmer or p…
Ala. Code § 2-8-137 Annual Statements by Treasurer of Organization; Bond of Treasurer
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If assessments are levied and collected as provided in this article, the treasurer of the organization shall, within 30 days after the end of any calendar year in which such assessments are collected, publish through the medium of the press of the state a statement of the amount …
Ala. Code § 2-8-15 Refund of Assessment to Cattle Owner
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Any owner of cattle 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 collecte…
Ala. Code § 2-8-150 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare of the State of Alabama that owners or others in possession of hens for the production of eggs and egg products shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, processor…
Ala. Code § 2-8-151 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 poultry and egg industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1963, No. 351, p. 844, §2.)
Ala. Code § 2-8-152 Referendum to Levy Assessment Declared to Be in Public Interest
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It is hereby further declared to be in the public interest and advantageous to the economy of the state that owners and others in possession of hens who produce eggs and egg products be permitted by referendum, as provided in this article, to levy upon themselves an assessment an…
Ala. Code § 2-8-153 Application for Certification and Approval to Conduct Referendum -
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Generally. Any nonprofit association of producers of eggs and egg products or any nonprofit association organized for the benefit and betterment of the poultry industry of the State of Alabama may make application to the State Board of Agriculture and Industries for certification…
Ala. Code § 2-8-154 Application for Certification and Approval to Conduct Referendum -
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Action by Board on Application. Upon the filing of an application with the State Board of Agriculture and Industries by any nonprofit association of owners or others in possession of hens, as authorized under Section 2-8-153, the said board shall within 30 days thereafter meet an…
Ala. Code § 2-8-155 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries in the manner set forth in Section 2-8-154, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of eggs in Alabama a referendum where…
Ala. Code § 2-8-156 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-155, the certified organization shall, not less than 30 days before the date of the referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the area covered by the refer…
Ala. Code § 2-8-157 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted under this article 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 ar…
Ala. Code § 2-8-158 Eligibility to Vote in Referendum; Question to Be Voted On; Period
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During Which Assessments Levied. Any referendum conducted under this article may be held on an area or statewide basis, as may be determined by the certified association, pursuant to and in accordance with the rules and regulations adopted for holding of such referendum. All owne…
Ala. Code § 2-8-159 Two Thirds Vote Required for Approval of Assessment; Canvass of
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Results; Amount of Assessment. If in any referendum held under the provisions of this article two thirds or more of the egg producers in the area in which the referendum is conducted, eligible to participate and voting therein, shall vote in the affirmative and in favor of the le…
Ala. Code § 2-8-16 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 § 2-8-160 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 egg producers eligible for participation and voting therein, then the certified association conducting the referendum shall be authorized to call …
Ala. Code § 2-8-161 Collection of Assessment; Deductions for Expenses
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In the event the required number of egg producers approve, by a referendum as provided in this article, the levying of an assessment upon the sale of hens for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every pers…
Ala. Code § 2-8-162 Remittances 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 days of January, April, July and October of each year, less a commission of three p…
Ala. Code § 2-8-163 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 commi…
Ala. Code § 2-8-164 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of hens 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 st…
Ala. Code § 2-8-165 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 egg and egg products promotional program and other activity, as authorized in this article, jointly with such associat…
Ala. Code § 2-8-166 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 to be conducted by a certified…
Ala. Code § 2-8-167 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 § 2-8-168 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 hens under the provisions of this article and to enfo…
Ala. Code § 2-8-169 Refund of Assessment
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Any owner of hens 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 collected …
Ala. Code § 2-8-17 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of cattle 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 …