Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-205 Expenditure of Assessments
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The funds derived from any assessments levied upon the ginning of cotton as authorized under this article shall be used and expended by the certified commission after such funds are remitted to it by the Commissioner of Agriculture and Industries for the purpose of promoting and …
Ala. Code § 2-8-206 Joint Programs with Other States
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Any certified commission may enter into agreements with like commissions, councils, boards or other agencies or non-profit associations of cotton growers of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such commiss…
Ala. Code § 2-8-207 Annual Audit of Commission; Examination by Department of Examiners
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of Public Accounts; Publication of Statement. The approved and certified commission receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conduct…
Ala. Code § 2-8-208 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 the rules and regulations governing the holding of referendums as adopted…
Ala. Code § 2-8-209 Enforcement Duties of Commissioner; Revocation of Certification of
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Commission. 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 ginning of cotton as set forth under the provisions of this arti…
Ala. Code § 2-8-21 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 § 2-8-210 Compliance with Article Prerequisite for Holding Ginner’s Permit Under
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Section 2-19-61. In addition to all other prerequisites for holding a ginner’s permit issued pursuant to Section 2-19-61 the holding thereof shall also be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the r…
Ala. Code § 2-8-211 Penalty; Inspection of Books and Records; Injunctions
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(a) Any ginner of cotton who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries any assessment required by this article to be so collected and remitted to the commissioner shall be guilty of a Class C misdemeanor. Any ginner of cotton …
Ala. Code § 2-8-22 Penalty for Failure to Deduct and Pay Over Assessment
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Any dealer, handler, processor, sales market or other purchaser of cattle 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 shall be guilty of a misdemeanor…
Ala. Code § 2-8-230 Legislative Intent and Purpose
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It is hereby declared to be in the interest of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, and purchasers of wheat, corn, grain sorghum, and oats and with th…
Ala. Code § 2-8-231 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 Alabama wheat, corn, grain sorghum, and oats industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1985, No. 85-701, p. 1142…
Ala. Code § 2-8-232 Referendum and Assessments 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 economy of the state that wheat, corn, grain sorghum, and oats producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the coll…
Ala. Code § 2-8-233 Application of Nonprofit Association for Certification and Approval to
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Conduct Referendum — Generally. Any nonprofit association of producers fairly and substantially representative of the producers of wheat, corn, grain sorghum, and oats throughout the state, may at any time after this article becomes effective, make application to the State Board …
Ala. Code § 2-8-234 Application of Nonprofit Association for Certification and Approval to
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Conduct Referendum - Action by Board on Application. Upon filing with the State Board of Agriculture and Industries of an application by any nonprofit association of wheat, corn, grain sorghum, and oats producers, the said board shall within 30 days thereafter meet and consider t…
Ala. Code § 2-8-235 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being so certified by the State Board of Agriculture and Industries, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama wheat, corn, grain sorghum, and oats producers a referendum wherein they shall …
Ala. Code § 2-8-236 Notice of Referendum
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With respect to any referendum conducted under the provisions of this article, the duly certified organization shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount an…
Ala. Code § 2-8-237 Conduct of Referendum; Payment of Expenses
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The arrangements for and the management of any referendum conducted hereunder 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 arrange for…
Ala. Code § 2-8-238 Eligibility to Vote in Referendum; Question to Be Voted On
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Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries for the holding of such referendum. All producers of wheat, corn, grain sorghum, and oats who shall be subject to any ass…
Ala. Code § 2-8-239 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitations on Assessment. If in such referendum a majority or more of the wheat, corn, grain sorghum, and oats producers who are eligible to participate and actually vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment…
Ala. Code § 2-8-240 Subsequent Referendums
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In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from wheat, corn, grain sorghum, and oats producers eligible for participation and voting therein, then the certified association conducting the said refer…
Ala. Code § 2-8-241 Collection of Assessments; Deductions by First Purchaser; Remittance
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to Commissioner; Inspection of Books and Records; Commissioner to Deduct Percent for Expenses. In the event the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum as provided hereunder, the levy of an assessment upon the sale of wheat, corn…
Ala. Code § 2-8-242 Remittances to Treasurer of Association by Commissioner
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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 § 2-8-243 Provisions of Article Not Applicable to Certain Purchases
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The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of wheat, corn, grain sorghum, and oats in any calendar year, nor shall the provisions of this article apply to occasional sales between growers. History: (Acts 1985, No. 85-701, p. 1…
Ala. Code § 2-8-244 Refund of Assessment When Producer Dissatisfied; Procedure
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Any producer of wheat, corn, grain sorghum, and oats 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 …
Ala. Code § 2-8-245 Treasurer of Association to Be Bonded
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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 the commissioner a bond approved by the commissio…
Ala. Code § 2-8-246 Expenditure of Assessments; Disbursements Not Subject to Budget or
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Allotment Requirements. The funds derived from any assessments levied upon the sale of wheat, corn, grain sorghum, and oats 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 Agricult…
Ala. Code § 2-8-247 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 agricultural commodities promotional program jointly and such associations, commissions or other agencies in other st…
Ala. Code § 2-8-248 Annual Audit of Association; Review by Examiner of Public Accounts;
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Publication of Statement. The approved and certified association receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conducted by a certified p…
Ala. Code § 2-8-249 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 the rules and regulations governing the holding of referendums as adopted…
Ala. Code § 2-8-250 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 as set forth under the provisi…
Ala. Code § 2-8-251 Purchasers to Obtain Permit from Commissioner; Procedure
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Any individual, partnership, corporation, association or other business unit which buys wheat, corn, grain sorghum, or oats in Alabama from the producer thereof shall, in the event assessments are required to be deducted from the purchase price of such wheat, corn, grain sorghum,…
Ala. Code § 2-8-252 Penalty for Failure to Deduct and Pay Over Assessment, Obtain Permit,
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Etc.; Injunctive Relief Authorized. (a) Any dealer, handler, processor, or other purchaser of wheat, corn, grain sorghum, and oats who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remi…
Ala. Code § 2-8-270 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of catfish shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, processors and distributors of catfish feed and with the Commissioner of Agriculture and Indust…
Ala. Code § 2-8-271 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 Alabama catfish industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1987, No. 87-587, p. 961, §2.)
Ala. Code § 2-8-272 Referendum and Assessments 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 economy of the state that catfish producers be permitted by referendum as provided in this article to levy upon themselves an assessment and to provide for the collection thereof for the fin…
Ala. Code § 2-8-273 Application of Catfish Producers’ Association for Certification and
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Approval to Conduct Referendum - Generally. Any nonprofit association of catfish producers organized for the promotion and betterment of the catfish industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of co…
Ala. Code § 2-8-274 Application of Catfish Producers’ Association for Certification and
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Approval to Conduct Referendum - Action by Board on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of catfish producers as provided in Section 2-8-273, the said board shall within 30 days thereafter m…
Ala. Code § 2-8-275 Authority of Certified Association to Conduct Referendum on
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Assessment. Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-274, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama catfish producers a referendum wherein they shall be…
Ala. Code § 2-8-276 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-275, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the …
Ala. Code § 2-8-277 Conduct of Referendum; Payment of Expense
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Arrangements for and the management of any referendum conducted under provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessary ballot…
Ala. Code § 2-8-278 Eligibility to Vote in Referendum; Question to Be Voted On
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Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding of such referendum. All producers of catfish who shall be subject to any assessments levied under the provisions of this articl…
Ala. Code § 2-8-279 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitations on Assessments. If any referendum held under the provisions of this article a majority or more of the catfish producers eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of the assessment propo…
Ala. Code § 2-8-280 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 catfish producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized…
Ala. Code § 2-8-281 Collection of Assessments; Deductions for Expenses
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In the event the required number of catfish producers approve by a referendum as provided in this article the levying of an assessment upon the sale of catfish feed for a promotional program, the Commissioner of Agriculture and Industries shall within 30 days, notify in writing e…
Ala. Code § 2-8-282 Remission of Collections 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 or her not later than the last day of January, April, July, and October of each year, less an amount not to exceed three percent of the …
Ala. Code § 2-8-283 Refund of Assessment to Purchaser of Catfish Feed
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Any purchaser of catfish feed against which any assessment is made 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 § 2-8-284 Exempt Sales
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The provisions of this article shall not apply to occasional sales between producers. History: (Acts 1987, No. 87-587, p. 961, §15.)
Ala. Code § 2-8-285 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 § 2-8-286 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of catfish feed 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 promotin…
Ala. Code § 2-8-287 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 agricultural commodities promotional program jointly with such associations, commissions or other agencies in other st…