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Alabama Statutes, Title 2

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Alabama/Statutes

← All Alabama coverage

Title 2

40 chapters · 1,144 sections in this title.

All chapters in Title 21,144 Ch 8, Promotion of Agricultural Industries…210 Ch 15, Livestock134 Ch 19, Cotton62 Ch 10, Cooperatives and Associations61 Ch 11, Marketing, Grading and Standards of …61 Ch 6, Agricultural Center56 Ch 13, Milk and Dairy Products48 Ch 2, Commissioner of Agriculture and Indu…42 Ch 17, Meat and Poultry Inspection36 Ch 27, Pesticides35 Ch 3A, Alabama Agricultural Development Aut…30 Ch 26, Seeds29 Ch 25, Plants and Trees28 Ch 5A, Farmers’ Marketauthority25

1,144 sections·Filtered byTitle 2✕

Ala. Code § 2-26-2 Powers and Duties of Commissioner Generally
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It shall be the duty of the Commissioner of Agriculture and Industries, who may act individually or through his authorized agents to: (1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub and flower seeds transported, sold, offered or exposed f…
Ala. Code § 2-26-3 Promulgation of Rules and Regulations by State Board
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(a) The State Board of Agriculture and Industries shall have power to prescribe and, after public hearing following due public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower, tr…
Ala. Code § 2-26-3.1 Exclusive Jurisdiction of Board and Commissioner; Local Regulation of Seeds Prohibited
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(a) This chapter and its provisions and requirements are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notifi…
Ala. Code § 2-26-4 Establishment of Seed Division and Testing Laboratory; Enforcement of Rules and Regulations as to Sale or Distribution of Tree or Shrub Seed

Showing 1,001–1,050 of 1,144

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(a) There shall be established within the Department of Agriculture and Industries a seed division which shall maintain facilities, equipment, and qualified personnel to perform the seed testing, sampling, and analysis work required to execute the provisions and requirements of t…

Ala. Code § 2-26-5 Annual Permit Fees

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(a) Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such seed in the State of Alabama shall, bef…

Ala. Code § 2-26-6 Injunctive Proceedings to Restrain Persons Selling, Processing, Cleaning, Etc., Seed Without Permit

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Any person required to secure a permit as provided under Section 2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb seed or from operating a…

Ala. Code § 2-26-7 Requirements as to Labeling of Containers in Which Seed Sold, Distributed, Etc

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(a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which is sold, offered for sale, exposed for sale or distributed within this state for planting or sowing purposes shall have attached thereto in a conspicuous place a plainly written in ink or…

Ala. Code § 2-26-8 Analyses and Interpretations of Seeds

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Analyses and interpretations shall be in accordance with the rules and regulations prescribed by the Association of Official Seed Analysts. (Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)

Ala. Code § 2-26-9 Requirements as to Certification, Etc., of Hybrid Seed Corn Sold or Offered for Sale

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No hybrid seed corn shall be sold or offered for sale unless it is certified by a recognized seed certifying agency or produced by a person having a bona fide corn breeding program. The State Board of Agriculture and Industries shall be authorized to determine whether certain cor…

Ala. Code § 2-26-30 Promulgation of Rules and Regulations for Removal, Etc., of Fungi and Noxious Weeds from Seeds and Small Grains by Commissioner

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The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to promulgate and adopt rules and regulations for the purpose of eradicating and preventing the spread of fungus growths and diseases from seed…

Ala. Code § 2-26-31 Suspension from Sale, Seizure and Condemnation of Seeds and Small Grains Sold, Transported, Etc., in Violation of Rules and Regulations; Right of Commissioner to Inspect and Secure Samples

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Any agricultural or vegetable seed or small grain used for planting purposes which is sold, offered for sale, exposed for sale or transported in violation of any rules and regulations promulgated and adopted in accordance with the provisions of this article shall be subject to su…

Ala. Code § 2-26-32 Failure to Process, Clean, Etc., Seeds or Small Grains or Sale, Distribution, Etc., of Seeds or Small Grains Not Cleaned, Processed, Etc., in Accordance with Rules and Regulations Promulgated Under Article

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It shall be unlawful for anyone to fail or refuse to clean, process or treat agricultural or vegetable seed or small grain used for planting purposes in violation of any rules or regulations promulgated under the provisions of this article, and it shall also be unlawful for anyon…

Ala. Code § 2-26-50 Adoption and Registration of Symbols of Identification or Certification of Foundation Seed, Seeds or Plant Parts

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An association or associations of farmers engaged in multiplying and certifying seed or plant parts of a superior variety or strain of plants or crops, such as those bred and tested or tested only by the Agricultural Experiment Station of Auburn University, and in increasing bree…

Ala. Code § 2-26-51 Use of Symbols by Persons, Associations, Etc., Other Than Associations Registering Same; Violations of Provisions of Article Deemed Misdemeanors

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(a) It shall be unlawful for any person, firm, association or corporation, other than the association which so registered such symbol or symbols, to use such symbol or symbols in any manner for identifying or certifying seeds or plant parts or for any person, firm, association or…

Ala. Code § 2-26-52 Cooperation of Department of Agriculture and Industries and Agricultural Extension Service and Experiment Station of Auburn University

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The Department of Agriculture and Industries, the Agricultural Extension Service and the Agricultural Experiment Station of Auburn University are hereby authorized and directed to cooperate and work with such associations of farmers to accomplish the following purposes: (1) To im…

Ala. Code § 2-26-70 Purpose of Article

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The intent and purpose of this article is to provide a method for assisting farmers and other seed purchasers and seed dealers to determine the validity of complaints of such seed purchasers against seed dealers relating to the quality of the seed by establishing a committee to i…

Ala. Code § 2-26-71 Creation of Seed Investigation and Arbitration Committee; Composition; Qualifications, Appointment and Terms of Office of Members; Officers; Meetings Generally

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There is hereby created and established a Seed Investigation and Arbitration Committee to be appointed by the Commissioner of Agriculture and Industries to consist of five members. The members shall be appointed by the Commissioner of Agriculture and Industries upon the recommend…

Ala. Code § 2-26-72 Compensation and Expenses of Members of Committee

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The members of the committee shall receive no compensation for the performance of their duties, but shall be reimbursed for travel expenses incurred in the performance of their duties in the same manner and at the same rate paid to state employees for travel expenses when such me…

Ala. Code § 2-26-73 Duties of Committee; Calling of Meetings of Committee

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The duties of the Seed Investigation and Arbitration Committee shall be to assist farmers and other purchasers of agricultural, vegetable, flower, tree, shrub and herb seeds and seed dealers to ascertain and determine the validity of complaints made by seed purchasers against see…

Ala. Code § 2-26-74 Filing of Complaint as to Performance or Labeling of Seed by Purchaser; Forwarding of Complaint and Answer Thereto to Committee for Investigation, Findings and Recommendations

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Any farmer, or other purchaser of agricultural, vegetable, flower, tree and shrub or herb seeds purchased for planting purposes who believes that he has been damaged by the failure of the seed to perform as represented, or to conform to the description on the labeling attached th…

Ala. Code § 2-26-75 Conduct of Investigation as to Complaint by Committee; Hindering, Obstructing, Etc., Access to Premises, Review of Records, Etc., by Committee; Report of Findings and Recommendations

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When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other seed purchaser to the Seed Investigation and Arbitration Committee, said committee shall make a full and complete investigation of the matters complained of and at the conclusion of said i…

Ala. Code § 2-26-76 Effect and Admissibility as Evidence of Findings and Recommendations of Committee; Effect of Provisions of Article Upon Legal and Equitable Rights of Persons

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The findings or recommendations of the committee shall be in the nature of arbitration or settlement, but its findings and recommendations shall not affect the rights of parties to resort to any arbitration proceedings available under authority of Sections 6-6-1 through 6-6-16 or…

Ala. Code § 2-27-1 Short Title

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This article shall be known as the “Alabama Pesticide Act of 1971.” (Acts 1971, No. 1949, p. 3151, §1.)

Ala. Code § 2-27-10 License to Sell

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(a) Before any person sells or offers for sale any restricted-use pesticide in this state for use therein or before any person sells such restricted pesticide for importation into this state where such sale is directly to the user, custom applicator, aerial applicator, or pest-co…

Ala. Code § 2-27-11 Use Permits

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(a) Each person shall obtain a pesticide-use permit from the commissioner before the person is eligible to purchase and use a restricted-use pesticide. Application forms for such permits shall be furnished by the commissioner, and the permit shall be valid and effective for a per…

Ala. Code § 2-27-12 Sampling and Inspection

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(a) The commissioner or his agent is authorized to enter upon any public or private premise or carrier at reasonable times during regular business hours in the performance of his duties relating to pesticides, devices and records pertaining to same. It shall be a violation of the…

Ala. Code § 2-27-13 Deficiencies in Analysis

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No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deviation from guarantee is greater than plus or minus three percent of the amount guaranteed of one or more of the active ingredients or added ingredients …

Ala. Code § 2-27-14 Prohibited Acts

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(a) It shall be unlawful for any person to distribute, sell, offer for sale or keep for sale within the state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (1) Any p…

Ala. Code § 2-27-15 Suspension from Sale, Seizure and Condemnation

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Any pesticide, pesticide container or device that is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state in violation of any of the p…

Ala. Code § 2-27-16 Penalty for Violation of Article; Injunctions

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(a) Any person who shall violate any of the provisions of this article declared to be unlawful or who shall fail or refuse to perform any duty or requirement imposed by the provisions of this article, or who shall violate any rule or regulation duly promulgated under this article…

Ala. Code § 2-27-2 Definitions

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For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigati…

Ala. Code § 2-27-3 Purpose of Article

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The purpose of this article is to regulate the registration, sale and use of pesticides intended for use on farm, garden, lawn, golf course or in the home and other uses for which pesticides are ordinarily and customarily used. (Acts 1971, No. 1949, p. 3151, §1.)

Ala. Code § 2-27-4 Administration and Enforcement

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The provisions of this article shall be administered and enforced by the Commissioner of Agriculture and Industries of the State of Alabama. (Acts 1971, No. 1949, p. 3151, §1.)

Ala. Code § 2-27-5 Exceptions to Applicability of Article

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(a) The provisions and requirements of this article shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this state if such carrier shall, upon request, permit the commissioner or his designated agent to copy all records showing the transa…

Ala. Code § 2-27-5.1 Local Governments Prohibited from Passing Ordinances Regulating Pesticides

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(a)(1) The term “pesticides” as used herein shall have the same meaning as set forth in the Alabama Pesticide Act, Section 2-27-2(1). (2) Except as provided in subsection (b), no county, municipal corporation, or other political subdivision of this state shall adopt or continue i…

Ala. Code § 2-27-6 Pesticide Advisory Committee

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(a) Creation. A pesticide advisory committee is hereby created and established to consist of 13 members to be appointed from and by certain agencies, departments, institutions, and organizations as provided in this section. The Pesticide Advisory Committee’s membership, their ter…

Ala. Code § 2-27-7 Intergovernmental Cooperation and Agreements

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The commissioner is authorized to cooperate with and enter into agreements with any other agency, department or institution of this state, the United States government or any of its departments, and any other state or agency thereof, for the purpose of carrying out the provisions…

Ala. Code § 2-27-8 Rules and Regulations

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In addition to the express authority of the commissioner, with approval of the Board of Agriculture and Industries, to adopt rules and regulations and establish fees for the administration and enforcement of the provisions of this article as provided in this article, the commissi…

Ala. Code § 2-27-9 Registration, Application, and Fees; Registration Powers of Commissioner; Appeal and Review

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(a) Every pesticide or device which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the commissioner…

Ala. Code § 2-27-30 Establishment and Operation; Policy Committee and Executive Committee Therefor

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The commissioner and state Department of Agriculture and Industries shall have authority to provide for the establishment and operation of a laboratory to obtain reliable analysis of raw and processed agricultural products, the materials used in production of agricultural product…

Ala. Code § 2-27-31 Location

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Any laboratory established under the provisions of this article shall be located on property owned by Auburn University, which shall be leased to the Department of Agriculture and Industries by the trustees of the university. (Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §2.)

Ala. Code § 2-27-32 Director

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The laboratory established under the provisions of this article shall be under the supervision and charge of a director appointed by the Commissioner of Agriculture and Industries, with the advice and consent of the policy committee, subject to the provisions of the state Merit S…

Ala. Code § 2-27-33 Additional Powers and Authority

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(a) In addition to the powers and authority heretofore authorized by law pursuant to Sections 2-27-30, 2-27-31 and 2-27-32, the pesticide residue laboratory heretofore established and now operated by the Department of Agriculture and Industries at Auburn University shall also be …

Ala. Code § 2-27-50 Definitions

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For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section. (1) PESTICIDE. a. Any substance or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect, rodent, nematode, predatory a…

Ala. Code § 2-27-51 Purpose of Article

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The purpose of this article is to regulate, in the public interest, the application of pesticides. In recent years many new materials have been discovered or synthesized which are valuable and necessary for the control of insects, plant diseases and weeds; however, such materials…

Ala. Code § 2-27-52 Exceptions to Applicability of Article

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This article shall not apply to the application of pesticides to lawns, trees or shrubs immediately adjacent to a dwelling or building nor to the use of pesticides or other chemicals for the control, eradication or prevention of termites or household pests. In no event shall this…

Ala. Code § 2-27-53 License - Required; Fees; Examination and Certification; License Restrictions

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(a) No person may engage in the custom application of pesticides within this state at any time without first procuring an annual license from the commissioner. The fee for such license which shall accompany the application for a license shall be established by the Board of Agricu…

Ala. Code § 2-27-54 License - Suspension, Revocation or Modification; Appeals from Actions of Commissioner

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(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after opportunity for a hearing, may revoke or modify the provision of any license issued under this section if he finds that the licensee is no longer qualified, has engaged in fraudulent busines…

Ala. Code § 2-27-55 License - Nonresidents

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Any person who performs the custom application of pesticides who is a nonresident of this state shall be required to obtain a license as required under Section 2-27-53 and comply with all of the other requirements of this article. Nothing herein shall prevent the commissioner, wi…

Ala. Code § 2-27-56 Surety Bond or Liability Insurance

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Each applicant for a license to perform the custom application of pesticides shall, before a license is issued to him, furnish and file with the commissioner a surety bond in which the State of Alabama is named as obligee in the sum of $3,000.00 for each applicant operating groun…