Title 2 — Title 2
0 chapters · 1,215 sections in this title.
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. History: (Acts 1971, No. 1949, p. 3151, §1.)
Ala. Code § 2-27-30 Establishment and Operation; Policy Committee and Executive
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Committee Therefor. 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 …
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. History: (Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §…
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 § 2-27-4 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. History: (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
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Pesticides. (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 o…
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
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Restrictions. (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 B…
Ala. Code § 2-27-54 License - Suspension, Revocation or Modification; Appeals from Actions
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of Commissioner. (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 f…
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…
Ala. Code § 2-27-57 Rules and Regulations - Generally
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The commissioner, with the approval of the board, is hereby authorized to promulgate such rules and regulations as are reasonable and necessary to carry out the evident intent and purpose of the provisions and requirements of this article; provided, that any such regulations shal…
Ala. Code § 2-27-58 Rules and Regulations - Type, Time and Method of Application of
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Pesticides. The commissioner may, by rules and regulations, after public hearing, with approval of the board, prescribe the pesticides or methods to be used for application thereof and prohibit or limit the use of certain pesticides during certain seasons of the year and the meth…
Ala. Code § 2-27-59 Rules and Regulations - Disposal and Handling of Pesticides
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No person shall discard, dispose of or otherwise handle any pesticide or pesticide containers in such manner as to cause direct injury or damage to man, animals, wildlife or other property or to pollute any stream, water or waterway in any manner harmful or injurious to any wildl…
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 § 2-27-60 Records and Reports
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The commissioner, with approval of the board, may, by rules and regulations, require any licensee to maintain such records and to furnish reports giving such information with respect to a particular application of pesticides and such other relevant information as may be deemed ne…
Ala. Code § 2-27-61 Inspections; Enforcement of Article
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(a) For the purpose of carrying out the provisions of this article, the commissioner or his inspectors and agents may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment used in custo…
Ala. Code § 2-27-62 Penalty for Violations of Article; Injunctions
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(a) General penalty. Any person who shall violate the provisions or requirements of this article, or rules and regulations promulgated under this article, or who engages in the custom application of pesticides without having a license therefor or who shall fail or refuse to perfo…
Ala. Code § 2-27-63 Article Deemed Cumulative
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The provisions of this article are cumulative and shall not repeal any other laws or parts of laws unless such laws or parts of laws are in direct conflict with the provisions of this article, and, then such laws or parts of laws are repealed only to the extent that same conflict…
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
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Commissioner; Appeal and Review. (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…
Ala. Code § 2-28-1 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) ENTOMOLOGICAL WORK. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent or for ac…
Ala. Code § 2-28-10.1 Financial Responsibility
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(a) The commissioner with the approval of the State Board of Agriculture and Industries may promulgate rules and regulations which require any applicant for a permit to perform professional work or services to provide evidence of his ability to properly indemnify persons damaged …
Ala. Code § 2-28-11 Penalties for Violations of Provisions of Chapter or Rules or Regulations
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Promulgated Hereunder; Injunctive Proceedings to Restrain Performance, Etc., of Professional Work or Services Without Permit. (a) Penalties. Any person who engages in professional work or services as defined in this chapter or any person who solicits such work through advertising…
Ala. Code § 2-28-12 Applicability of Chapter
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The provisions of this chapter shall apply only to persons who solicit work and to persons engaging in a business or profession regulated under the provisions of this chapter, but in no event shall it be construed so as to apply to any person employed by the owners or others in p…
Ala. Code § 2-28-2 Persons Engaged in Entomological, Pathological, Horticultural and
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Floricultural and Tree Surgery Work or Services to Be Examined by Commissioner. Persons engaging in professional work or services pertaining to entomological work, pathological work, horticultural and floricultural work, and tree surgery work as defined in Section 2-28-1 shall be…
Ala. Code § 2-28-3 Promulgation of Rules and Regulations to Regulate Persons Engaged
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in Work or Services Governed by Chapter, Etc. The commissioner with the approval of the State Board of Agriculture and Industries may adopt and promulgate rules and regulations that are reasonable and necessary to carry out the intent and purpose of this chapter and to regulate p…
Ala. Code § 2-28-4 Permits; Statements as to Training and Experience of Applicants;
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Examination. (a) Permits generally; fees; delinquent penalty; subcategories of structural pest control permits and fees. Before any person engages in professional work or services as defined in this chapter or before any person may solicit professional work or services through ad…
Ala. Code § 2-28-5 Minimum Qualifications for Applicants for Permits to Engage in
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Structural Pest Control Work; Applicants to Present Evidence as to Qualifications to Commissioner; Issuance of Permits. (a) Every applicant for examination for a permit to engage in structural pest control work, including those who will be designated as certified operators or bra…
Ala. Code § 2-28-6.1 Certification Permit, Continuing Education; Expiration and Renewal;
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Disposition of Fees. Persons certified by the commissioner shall be issued a certification permit upon which are designated the various categories and/or subcategories of professional work or services such person is authorized to perform or supervise. Persons certified shall be r…
Ala. Code § 2-28-7 Denial or Revocation of Permits by Commissioner and Appeals
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Therefrom. Upon determination by the commissioner that any person certified or having a permit issued under the provisions of this chapter or any person who has applied for such certification or a permit has violated or failed to comply with any of the provisions or requirements …
Ala. Code § 2-28-8 Regulation of Performance of Structural Pest Control Work Generally
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(a) Conduct of business generally; operation and supervision of main offices, branches, and suboffices. Every person who engages in structural pest control work shall conduct the work from an established location or place of business, and the person or another individual as a ful…
Ala. Code § 2-28-9 Regulation of Performance of Subterranean Termite Eradication and
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Control Work Generally. Persons engaged in subterranean termite eradication and control work shall be required to file a monthly report with the commissioner containing such information relative to work performed as may be required by rules and regulations duly adopted as authori…
Ala. Code § 2-29-1 Definitions
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For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) COMMISSION MERCHANT. Every person who shall receive, sell or offer for sale on commission within this state any kind of farm products. (2) FARM PRODUCT…
Ala. Code § 2-29-10 Regulation by Municipalities of Sale, Etc., of Farm Products by Farmers
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or Other Producers Thereof. It shall be unlawful for any municipality to charge the farmer or others engaged in the production of farm products of whatever nature any license fee for the sale or other disposition of such farm products produced by them at any place, nor shall such…
Ala. Code § 2-29-11 Applicability of Provisions of Chapter
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This chapter shall not apply to the sale of farm products at public auction by an auctioneer acting as the agent of another to whom such farm products shall have been consigned, nor to farm products purchased outright and unconditionally or for cash f.o.b. at point of origin, nor…
Ala. Code § 2-29-2 Commission Merchant’s Permit Required; Application for Permit;
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Issuance of Permit; Duration; Permit Fee. No person shall within this state engage in the commission business as a commission merchant without a permit therefor. Every commission merchant shall annually, on or before October 1, file an application with the commissioner for a perm…
Ala. Code § 2-29-3 Expiration Date of Permits
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Every permit issued under the provisions of this chapter shall be deemed to have expired by limitation at midnight of the last day of the period for which such permit was granted in the first instance. History: (Ag. Code 1927, §284; Code 1940, T. 2, §478.)
Ala. Code § 2-29-4 Bonds of Commission Merchants; Institution of Civil Actions Upon
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Bonds. Before any permit shall be issued, the applicant therefor shall make and execute to the State of Alabama a surety bond in the penal sum of $1,000.00, said bond to be filed in the office of the commissioner. Said bond is intended and shall be so conditioned as to secure the…
Ala. Code § 2-29-5 Authorization and Grounds for Denial or Revocation of Permits by
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Commissioner. The commissioner may refuse to grant or may revoke any permit, as the case may be, upon any one or more of the following grounds: (1) That a final judgment for the recovery of money has been entered against the applicant or permittee because of any failure to accoun…
Ala. Code § 2-29-6 Proceedings for Review of Denial or Revocation of Permit by
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Commissioner. Any act of the commissioner in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the business affected is or is proposed to be located, upon filing of a complaint in such court, within 10 days after notice to the…
Ala. Code § 2-29-7 Maintenance of Records by Commission Merchants as to Handling,
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Storage or Sale of Farm Products. It shall be the duty of every commission merchant upon receipt of any farm products for sale on commission to make and keep a correct record thereof, showing in detail the following with reference to the handling, sale or storage of any such farm…
Ala. Code § 2-29-8 Investigation of Applicants and Complaints Against Commission
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Merchants by Commissioner; Conduct of Proceedings as to Revocation of Permits. The commissioner shall have power: (1) Before granting a permit to any applicant to investigate the character and standing of such applicant; (2) Upon the receipt of any verified complaint from any per…