Title 2

The commissioner, under the provisions and requirements of Section 2-2-16, is authorized to promulgate such rules and regulations as may be necessary to carry out the intent and purpose of this article. (Acts 1981, No. 81-391, p. 611, §16.)

Any person who engages in business as a grain dealer without securing a license or who does not have a valid license or is in violation of this article or the rules and regulations promulgated thereunder or who shall impede, obstruct, hinder or otherwise prevent or attempt to pre…

It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted. (Acts 1981, No. 81-391, p. 611, §18.)

The commissioner may apply for and the circuit court shall grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rules and regulations promulgated under this article notwithstanding th…

The provisions of this article shall not apply to persons who buy for cash; that is, those who pay producers at the time of purchase in United States currency or check or their equivalent. Nor shall it apply to public warehouses required to be licensed and bonded under Sections 8…

No person may engage in business as a grain dealer in the State of Alabama without a license therefor issued by the commissioner. Application for a license to engage in business as a grain dealer shall be filed with the commissioner and shall be on a form prescribed and furnished…

Every person licensed as a grain dealer shall have filed with the department a surety bond for each separate location signed by the dealer as principal and by a responsible company authorized to execute surety bonds within the State of Alabama. Such bond shall be in the principal…

Such bond shall be made payable to the State of Alabama as obligee, with the commissioner as trustee, and shall be conditioned on the grain dealer and his compliance with this article, and shall be for the use and benefit of the producer from whom the grain dealer may purchase gr…

Before a license shall be issued to the applicant, he shall file with the commissioner a certificate which shall indicate that he has a fire and extended coverage insurance policy in effect and in amount that shall cover the grain of all depositors while in his custody for the fu…

Failure of a grain dealer to file a bond and insurance as hereinafter required to keep such bond and insurance in force shall be grounds for the suspension or revocation of a license issued under this article. (Acts 1981, No. 81-391, p. 611, §7.)

When the commissioner has determined that a grain dealer has defaulted in payment for grain which he has purchased, the commissioner shall determine through appropriate procedures the producers and the amount of defaulted payment and as trustee of the bond shall immediately after…

If the commissioner is satisfied that the applicant is of good business reputation and if the bond filed by the applicant is approved the commissioner shall issue a license to the applicant or shall renew the applicant’s license. Each person issued a license by the commissioner u…

As used in this chapter, the following terms shall have the following meanings: (1) BOARD. The State Board of Agriculture and Industries. (2) COMMISSIONER. The Commissioner of Agriculture and Industries. (3) FEED DISTRIBUTOR. Any person residing in Alabama, or any Alabama corpora…

There shall be no refunds made to either feed distributors or ratite producers of assessments collected by the commissioner. (Acts 1997, No. 97-638, p. 1163, §10.)

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…

The funds derived from any assessments levied upon the sale of ratite feed shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of ratites and the consumption and use of ratite…

A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar ratite industry promotional program jointly with the associations, commissions, or other agencies in other states, and …

A certified association receiving and disbursing funds shall, within 60 days following the end of each calendar year, or within a period of 60 days following the close of its fiscal year, cause an audit of its books and accounts to be conducted by a certified public accountant, d…

The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this chapter, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of asse…

The commissioner shall, through the Department of Agriculture and Industries, enforce and collect the assessments levied upon feed sold to ratite producers by feed distributors in the state for ratite consumption and shall enforce the rules and regulations of the board. The board…

Any feed distributor who sells feed in the state that is intended for ratite consumption 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 am…

It is hereby declared to be in the interest of the public welfare that ratite producers are encouraged to act jointly and in cooperation with ratite industry related businesses and with the commissioner and the board in promoting and stimulating through research, education, adver…

No association, meeting, or activity undertaken pursuant to the provisions of this chapter and intended to benefit the Alabama ratite industry shall be deemed or considered illegal or in restraint of trade. (Acts 1997, No. 97-638, p. 1163, §3.)

It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that ratite producers be permitted by referendum, as provided in this chapter, to levy upon themselves an assessment and to provide for the collection of the assessment …

(a) Any Alabama nonprofit association of ratite producers organized for the promotion and betterment of the ratite industry may apply to the board for certification and approval for the purpose of conducting a referendum among ratite producers of the state, on the question of lev…

(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama ratite producers a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide or area basis as determined by the …

(a) If in any referendum, a majority of the ratite producers of the geographic area in which the referendum is conducted and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the as…

In the event a referendum levying an assessment is passed, the commissioner shall within 30 days notify in writing feed distributors that on or after the date designated in the notice, which shall be not less than 30 nor more than 60 days after the mailing of the notice by the co…

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 three percent …

For purposes of this chapter, the following words have the following meanings: (1) HEALTH BENEFITS. Health benefits that meet all of the following conditions: a. Are sponsored by a nonprofit agricultural organization or an affiliate of the organization. b. Are offered only to eit…

Any health benefits offered by a nonprofit agricultural organization shall ensure prompt payment for services rendered to enrollees. Notwithstanding Section 2-33-4, a nonprofit agricultural organization providing health benefits shall be subject to Section 27-1-17. (Act 2025-296,…

(a) Premiums collected under this chapter shall be taxed at the rate of 1.3 percent per annum based on the premiums collected by the nonprofit agricultural organization. The return and payment of the tax shall be due to the Department of Insurance on a biannual basis and shall be…

(a) A nonprofit agricultural organization or an affiliate of the organization may offer in this state health benefits. (b) Health benefits offered under this chapter shall include coverage for all of the following: (1) Ambulatory patient services. (2) Hospitalization. (3) Emergen…

(a) A nonprofit agricultural organization that offers health benefits shall provide to an individual applying for health benefits written notice that the benefits are not provided through an insurance policy or other product the offering or issuance of which is regulated as the b…

Notwithstanding any provision of Title 27 or Article 6 of Chapter 20 of Title 10A, for the purposes of offering health benefits, a nonprofit agricultural organization that acts in accordance with this chapter is not a health insurer and is not engaging in the business of health i…

(a) Health benefits contracts provided under this chapter shall not be subject to individual post-claim medical underwriting while coverage remains in effect, and no member covered under a health benefits contract provided under this chapter shall be subject to cancellation, nonr…

A nonprofit agricultural organization that offers health benefits shall annually file with the Department of Insurance a written, signed opinion of a qualified actuary that certifies that the plan reserves of the nonprofit agricultural organization and its affiliates are adequate…

(a) In consultation with the Department of Insurance, a nonprofit agricultural organization that offers health benefits shall designate an individual to serve as an ombudsman to respond to concerns from nonprofit agricultural organization members pursuant to a complaint procedure…

A nonprofit agricultural organization that offers health benefits under this chapter shall contract with an entity or entities authorized to engage in the business of insurance in this state which is not under common control with the nonprofit agricultural organization in order t…

(a) A nonprofit agricultural organization providing health benefits shall ensure that all covered services are provided by in-network providers whenever possible. (b) In emergency situations where an out-of-network provider delivers emergency care, the nonprofit agricultural orga…