Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-22-12 Proceedings Upon Determination of Deficiency in Guaranteed Primary
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Plant Nutrients in Commercial Fertilizers - Generally. (a) If the analysis shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances as established by regulation adopted by the State Board of Agricult…
Ala. Code § 2-22-13 Proceedings Upon Determination of Deficiency in Guaranteed Primary
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Plant Nutrients in Commercial Fertilizers - Legal Actions for Recovery of Penalty. In any case wherein the licensee fails or refuses to make payment to the consumer of a penalty within the time required, the consumer may institute legal action against the licensee for the recover…
Ala. Code § 2-22-14 Ascertainment and Publication of Fair Market Values of Nitrogen,
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Available Phosphorus and Soluble Potassium in Commercial Fertilizers. For the purpose of determining the commercial values to be applied under the provisions of Section 2-22-12, the commissioner shall ascertain and publish annually the fair market values per pound of nitrogen, av…
Ala. Code § 2-22-15 Establishment, Etc., of Standards of Classification for Commercial
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Fertilizers Generally; Adoption of Standards for Sale of Specialty Fertilizers; Establishment of Standards and Minimum Guarantees for Plant Nutrients Other Than Nitrogen, Phosphorus and Available Potassium. The board shall have authority to establish standards of classification f…
Ala. Code § 2-22-16 Sale, Offer for Sale or Distribution of Misbranded Commercial
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Fertilizers; When Commercial Fertilizers Deemed Misbranded; Adoption of Regulations Defining Plant Nutrients or Commercial Fertilizers. (a) No person shall sell, offer for sale or distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbrande…
Ala. Code § 2-22-17 Sale, Offer for Sale or Distribution of Adulterated Commercial Fertilizers;
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When Commercial Fertilizers Deemed Adulterated. No person shall sell, offer for sale or distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amoun…
Ala. Code § 2-22-18 Penalty for Manufacture of Commercial Fertilizer Short in Weight
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If any commercial fertilizer in the possession of or consigned to the consumer is found by the commissioner to be short in weight, the licensee who manufactures said commercial fertilizer shall, within 30 days after official notice from the commissioner, pay to the consumer a pen…
Ala. Code § 2-22-19 Annual Publications
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The commissioner shall publish at least annually and in such form as he may deem proper: (1) Information concerning the distribution of commercial fertilizer; and (2) The results of analyses based on official samples of commercial fertilizers distributed within the state as compa…
Ala. Code § 2-22-2 Definitions
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When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMERCIAL FERTILIZER. Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content …
Ala. Code § 2-22-20 Rules and Regulations
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For the administration and enforcement of this chapter, the board is authorized to adopt and promulgate reasonable rules and regulations relating to the sale and distribution of commercial fertilizers necessary to carry out the full intent and meaning of this chapter, including, …
Ala. Code § 2-22-21 Suspension from Sale, Seizure and Condemnation of Commercial
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Fertilizers Not in Compliance with Chapter or Rules or Regulations Promulgated Thereunder. Any lot or other quantity of commercial fertilizer not in compliance with the provisions of this chapter or rules and regulations duly adopted and promulgated under this chapter shall be su…
Ala. Code § 2-22-22 Violations of Chapter or Rules or Regulations Promulgated Thereunder
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Deemed Misdemeanors; Injunctive Proceedings to Restrain Violations of Chapter or Rules or Regulations Promulgated Thereunder. (a) Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this c…
Ala. Code § 2-22-23 Chapter Not to Restrict or Avoid Sales or Exchanges of Commercial
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Fertilizers Between Manufacturers, Processors, Etc., or Shipment of Fertilizers to Manufacturers or Processors. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers or processors who…
Ala. Code § 2-22-3 Administration of Chapter
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This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as “commissioner.” History: (Acts 1969, No. 434, p. 840, §2.)
Ala. Code § 2-22-4 Fertilizer Dealer Permit Required; Relation to Section 2-22-5
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Before any person may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof, the person shall first procure a fertilizer dealer permit from the commissioner authorizing the person to sell, exchange, or deal therein. The permit shall be issue…
Ala. Code § 2-22-5 Licenses for Sale of Commercial Fertilizer
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(a) Before any person sells or offers for sale any commercial fertilizer in this state for use herein or before any person sells such fertilizer for importation into this state for use herein where such person is required to comply with the labeling requirements of Section 2-22-7…
Ala. Code § 2-22-6 Cancellation or Refusal of Licenses
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The commissioner is authorized and empowered to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory evidence that the licensee or applicant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provi…
Ala. Code § 2-22-7 Labeling of Commercial Fertilizers
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(a) Any commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein in containers shall have printed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Th…
Ala. Code § 2-22-8 Licensing and Labeling Requirements for Sale of Soil Conditioners and
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Soil Amendments. Every person who sells or offers for sale in or for importation into this state any soil conditioner or soil amendment for which label or labeling claims are made that such a product contains plant nutrients shall be subject to all of the requirements of this art…
Ala. Code § 2-22-9 Inspection Fee; Monthly Statement; Collection Fee; Disposition of Fees;
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Overpayments; Examination, Review, Audit of Sales Records. (a) There shall be paid to the commissioner for all commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein an inspection fee established by the board not to exceed…
Ala. Code § 2-23-1 Short Title
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This chapter shall be known and may be cited as the “Alabama Agricultural Liming Materials Act.” History: (Acts 1975, No. 1190, §1.)
Ala. Code § 2-23-10 Suspension from Sale, Seizure and Condemnation of Agricultural
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Liming Materials Offered or Exposed for Sale in Violation of Chapter, Etc. The commissioner may issue and enforce a written or printed stop sale or suspension from sale, use or removal order to the manufacturer, owner, distributor or custodian of any lot of agricultural liming ma…
Ala. Code § 2-23-11 Violations of Chapter or Rules or Regulations Promulgated Thereunder
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Deemed Misdemeanors. Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter shall be guilty of a misdem…
Ala. Code § 2-23-2 Definitions
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The following terms, as used in this chapter and rules adopted under authority of this chapter, shall have the following meanings, respectively: (1) AGRICULTURAL LIMING MATERIALS. Those products whose calcium and magnesium compounds are capable of neutralizing soil acidity. (2) B…
Ala. Code § 2-23-3 Permit Required for Manufacturing or Distribution; Fees
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Every manufacturer or distributor selling agricultural liming materials in this state shall, on or before October 1 of each year or prior to manufacture or distribution of such liming material in the State of Alabama, apply for and obtain an annual permit for such purpose on a fo…
Ala. Code § 2-23-4 Requirements as to Labeling; False or Misleading Statements on
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Package Labels; Delivery Slips, Etc., Prohibited. (a) Agricultural liming materials sold or offered for sale in this state for use herein or sold for importation into this state for use herein shall have affixed to each container in a conspicuous manner on the outside thereof a c…
Ala. Code § 2-23-5 Inspection Fee; Tonnage Report
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(a) Each manufacturer or distributor of agricultural liming materials shall report monthly to the commissioner, at the end of each month, on forms provided by the commissioner, his or her gross sales in tons of such materials sold in the State of Alabama for that month accompanie…
Ala. Code § 2-23-6 Inspection, Sampling, Analysis, Etc., of Agricultural Liming Materials by
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Commissioner; Right of Entry Upon Public or Private Premises, Etc., of Commissioner. (a) It shall be the duty of the commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural liming materials distributed within this state …
Ala. Code § 2-23-7 Assessment of Penalties Against Manufacturers, Distributors, Etc., for
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Deficiencies in Agricultural Liming Materials. The board shall have authority by rules and regulations duly adopted, as provided in this section, to provide for the assessment of penalties to be assessed against a manufacturer, distributor or other seller responsible for such def…
Ala. Code § 2-23-8 Sale or Offer for Sale of Agricultural Liming Materials Not Complying
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with Provisions of Chapter, Etc.; Sale or Offer for Sale of Agricultural Liming Materials Containing Toxic Materials in Quantities Injurious to Plants or Animals. (a) No agricultural liming materials shall be sold or offered for sale in this state unless they comply with provisio…
Ala. Code § 2-23-9 Rules and Regulations
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The board, after reasonable notice and hearing to interested persons, may make such rules and regulations, including establishing fees, as are reasonably necessary to implement and carry out the provisions of this chapter and to establish such additional standards and requirement…
Ala. Code § 2-24-1 Purpose of Chapter
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Recognized soil-testing practices are the most effective means by which fertilizer and lime needs of fields, pastures and gardens can be determined for the growth of certain crops, plants and grasses. It is a means of providing the latest information available from research and e…
Ala. Code § 2-24-2 Approval and Certification
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The Commissioner of Agriculture and Industries, pursuant to rules and regulations adopted under this chapter as provided in this chapter and upon application therefor, is hereby authorized to approve and to certify soil-testing laboratories which meet the requirements as set fort…
Ala. Code § 2-24-3 Promulgation of Rules and Regulations as to Procedures, Methods,
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Standards, Etc., for Soil-Testing Laboratories. The State Board of Agriculture and Industries is hereby authorized to adopt and promulgate rules and regulations which shall set forth and require uniform methods, procedures and standards to be followed by soil-testing laboratories…
Ala. Code § 2-24-4 Certification of Soil-Testing Laboratories Not Mandatory; Agricultural
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Soil-Testing Laboratory of Auburn University Not Affected by Article. No person, firm, partnership, corporation or association which maintains a soil- testing laboratory for agricultural purposes shall be required to comply with the provisions of this chapter as it is hereby inte…
Ala. Code § 2-24-5 Making of False or Fraudulent Representations as to Approval and
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Certification by Commissioner. Any person, firm, partnership, corporation or association who shall make any false or fraudulent representations that it is approved and certified by the Commissioner of Agriculture and Industries without complying with the provisions of this chapte…
Ala. Code § 2-25-1 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) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fun…
Ala. Code § 2-25-10 Introduction into State of Live Plant Pests, Etc., or Specimens of
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Disease Injurious to Plants; Special Permit. The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall b…
Ala. Code § 2-25-11 Common Carriers, Etc., Not to Accept for Shipment or Deliver Nursery
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Stock, Etc., Without Official Tags, Etc. No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which…
Ala. Code § 2-25-12 Common Carriers Not to Be Liable for Damages for Refusal to Receive,
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Deliver, Etc., Boxes, Packages Without Official Tags, Etc. No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Sectio…
Ala. Code § 2-25-13 Movement, Sale, Etc., into State or Within State of Plants, Plant
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Products, Etc., During Quarantines; Confiscation by Commissioner; Plants, Etc., Moved into Quarantined Area. Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of this s…
Ala. Code § 2-25-13.1 Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; “Viable”
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Defined. It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of …
Ala. Code § 2-25-14 Sale, Carriage, Shipment, Etc., of Nursery Stock by Nurserymen or
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Dealers. It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this article and the rules and regulations made pursuant thereto. History: (Ag. Code 1927, …
Ala. Code § 2-25-15 Importation, Sale, Possession, Etc., of Fruits, Nuts, Etc., Infested or
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Infected with Plant Pests or Noxious Weeds Likely to Cause Damage. It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are i…
Ala. Code § 2-25-15.1 Receipt of Plants, Nursery Stock, Etc., Not in Compliance with Law by
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Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item. Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage or shipment within this state,…
Ala. Code § 2-25-16 Throwing Cuttings, Prunings, Etc., into Public Roads, Fields, Etc.;
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Destruction of Cuttings, Prunings, Etc., Containing Plant Pests or Noxious Weeds. It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of any fruit trees, nursery stock or ornamental trees or any fruit…
Ala. Code § 2-25-17.1 Procedures to Be Used When Plant, Nursery Stock, Etc., Found to
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Contain Plant Pests or Noxious Weeds; Commissioner’s Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of Treatment or Destruction. If the commissioner finds, on examination, any plant, plant product or nursery stock in…
Ala. Code § 2-25-17.2 Procedures for Fumigation or Treatment of Infested Plants, Etc
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The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the …
Ala. Code § 2-25-18 Appeals to State Board from Findings or Orders of Commissioner
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The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings. This appeal from th…
Ala. Code § 2-25-19.1 Penalties, Temporary Restraining Orders or Injunctions for Violations
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Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies. In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or tempor…