Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-288 Annual Audit of Association; Examination by Department of Examiners
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of Public Accounts; Publication of Statement. The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years, cause an audit of its books and accounts for the two-year period to be …
Ala. Code § 2-8-289 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 rules and regulations governing the holding of referendums as adopted by…
Ala. Code § 2-8-290 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 supplies under the provisions of this ar…
Ala. Code § 2-8-291 Penalty for Failure to Deduct and Pay Over Assessment; Inspection of
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Books and Records; Injunctions. (a) Any dealer, handler, processor, buyers or other distributors of catfish feed 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 commis…
Ala. Code § 2-8-3 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 cattle owners be permitted by referendum as provided in this article to levy upon themselves an assessment and to provide for the collection thereof for the financi…
Ala. Code § 2-8-310 Definitions
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As used in this article, 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) SHEEP and GOAT. One of a variety of small ruminants. (4) SHEEP OR GOAT P…
Ala. Code § 2-8-311 Purpose
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It is hereby declared to be in the interest of the public welfare that sheep and goat producers are encouraged to act jointly and in cooperation with sheep and goat industry-related businesses and with the commissioner and the board in promoting and stimulating through research, …
Ala. Code § 2-8-312 Association, Meeting, or Activity Not Illegal
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No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama sheep and goat industry shall be deemed or considered illegal or in restraint of trade. History: (Act 2002-523, p. 1364, §3.)
Ala. Code § 2-8-313 Assessment
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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 sheep and goat producers be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provide for the collection of the ass…
Ala. Code § 2-8-314 Nonprofit Association
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(a) Any Alabama nonprofit association of sheep and goat producers organized for the promotion and betterment of the sheep and goat industry may apply to the board for certification and approval for the purpose of conducting a referendum among sheep and goat producers of the state…
Ala. Code § 2-8-315 Referendum - Generally
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(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama sheep and goat 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…
Ala. Code § 2-8-316 Referendum - Voting
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(a) If, in any referendum, a majority of the sheep and goat 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, th…
Ala. Code § 2-8-317 Referendum - Levy of Assessment
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In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing stockyards and small ruminant selling points that on or after the date designated in the notice, which may not be less than 30 nor more than 60 days after the mail…
Ala. Code § 2-8-318 Assessment Moneys Collected - Generally
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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 two percent of…
Ala. Code § 2-8-319 Assessment Moneys Collected - Refunds
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Any sheep or goat producer against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the sh…
Ala. Code § 2-8-320 Duty of Treasurer Before Money Remitted
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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…
Ala. Code § 2-8-321 Use of Funds
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The funds derived from any assessments levied upon the sale of sheep and goats shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of sheep or goats and the consumption and us…
Ala. Code § 2-8-322 Certified Association - Generally
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A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar sheep or goat industry promotional program jointly with the associations, commissions, or other agencies in other state…
Ala. Code § 2-8-323 Certified Association - Audit
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(a) A certified association receiving and disbursing funds, following the close of its fiscal year every five years, shall cause an audit of its books and accounts for the five-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expen…
Ala. Code § 2-8-324 Rules and Regulations
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The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of asse…
Ala. Code § 2-8-325 Enforcement and Collection of Assessments; Revocation of
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Certification. The commissioner, through the Department of Agriculture and Industries, shall enforce and collect the assessments levied upon sellers of the sheep or goat producers and shall enforce the rules and regulations of the board. The board, at any time, may revoke or canc…
Ala. Code § 2-8-326 Violations
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Any individual, stockyard, or broker who sells sheep or goats in the state 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 amount of the as…
Ala. Code § 2-8-350 Definitions
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As used in this article, 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) DEPARTMENT. The Department of Agriculture and Industries. History: (Act …
Ala. Code § 2-8-351 Purpose
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It is hereby declared to be in the interest of the public welfare that shrimpers and seafood fishermen are encouraged to act singularly or jointly in cooperation with shrimp and seafood related businesses and with the commissioner and the board in promoting and stimulating throug…
Ala. Code § 2-8-352 Legality of Association, Meeting, or Activity Under Article
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No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama shrimp and seafood industry shall be deemed or considered illegal or in restraint of trade. History: (Act 2004-301, p. 427, §3.)
Ala. Code § 2-8-353 Assessment
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It is further declared to be in the public interest and highly advantageous to the economy of the state that shrimpers and seafood fishermen, either singularly or jointly, be permitted by referendum, as provided in this article, to levy upon themselves an assessment and to provid…
Ala. Code § 2-8-354 Nonprofit Association
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(a) Any Alabama nonprofit association of shrimpers and seafood fishermen organized for the promotion and betterment of the shrimp and seafood industry may apply to the board for certification and approval, for the purpose of conducting a referendum among shrimpers and seafood fis…
Ala. Code § 2-8-355 Referendum - Generally
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(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama shrimpers and seafood fishermen, either singularly or jointly, a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a…
Ala. Code § 2-8-356 Referendum - Voting
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(a) If, in any referendum, a majority of the commercial shrimp boat owners and commercial fishermen licensed and authorized to do business in the state in the geographic area in which the referendum is conducted, and eligible to participate and voting in the referendum, vote in f…
Ala. Code § 2-8-357 Referendum - Levy of Assessment
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In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing all businesses where shrimp and seafood are sold to the public at the first point of sale by commercial shrimp boat owners and commercial seafood fishermen license…
Ala. Code § 2-8-358 Assessment Moneys Collected - Generally
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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 two percent of…
Ala. Code § 2-8-359 Assessment Moneys Collected - Refunds
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Any shrimper or seafood fisherman against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from…
Ala. Code § 2-8-360 Duty of Treasurer Before Money Remitted
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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…
Ala. Code § 2-8-361 Use of Funds
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The funds derived from any assessments levied pursuant to this article shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of shrimp and seafood and the consumption and use of…
Ala. Code § 2-8-362 Certified Association - Generally
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A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar shrimp and seafood industry promotional program jointly with the associations, commissions, or other agencies in other …
Ala. Code § 2-8-363 Certified Association - Audit
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A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditure…
Ala. Code § 2-8-364 Rules and Regulations
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The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of asse…
Ala. Code § 2-8-365 Enforcement and Collection of Assessments; Revocation of
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Certification. The commissioner, through the department, shall enforce and collect the assessment levied upon shrimpers and seafood fishermen and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association…
Ala. Code § 2-8-366 Violations
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Any individual who sells shrimp or seafood in the state 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 amount of the assessment the indivi…
Ala. Code § 2-8-380 Short Title
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This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act. History: (Act 2016-293, §1.)
Ala. Code § 2-8-381 Definitions
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As used in this article the following words shall have the following meanings: (1) DEPARTMENT. The Department of Agriculture and Industries. (2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher educ…
Ala. Code § 2-8-382 Purposes; Programs; Legislative Findings
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(a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the forefront of industrial hemp production, development, and commercialization of hemp products in agribusiness, and other business s…
Ala. Code § 2-8-383 Rulemaking Authority; Disposition of Funds; Powers and Duties of
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Department. (a) The department may adopt rules in accordance with the Alabama Administrative Procedure Act, as necessary to administer an industrial hemp research program and to license growers to grow industrial hemp pursuant to this article, including rules establishing reasona…
Ala. Code § 2-8-4 Application of Cattle Owners’ Association for Certification and Approval
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to Conduct Referendum - Generally. Any nonprofit association of cattle owners organized for the promotion and betterment of the cattle industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a ref…
Ala. Code § 2-8-40 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of swine shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of swine and with the Commissioner of Agriculture and Industries and with the State…
Ala. Code § 2-8-41 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 swine industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1973, No. 463, p. 653, §2.)
Ala. Code § 2-8-42 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 swine 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 finan…
Ala. Code § 2-8-43 Application of Swine Producers’ Association for Certification and
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Approval to Conduct Referendum - Generally. Any nonprofit association of swine producers organized for the promotion and betterment of the swine industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conduc…
Ala. Code § 2-8-44 Application of Swine 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 swine producers as provided in Section 2-8-43, the said board shall within 30 days thereafter meet…
Ala. Code § 2-8-45 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 2-8-44, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama swine producers a referendum wherein they shall be en…