Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-8-46 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-45, 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 a…
Ala. Code § 2-8-47 Conduct of Referendum; Payment of Expense
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Arrangements for and the management of any referendum conducted under the 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 ba…
Ala. Code § 2-8-48 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 swine who shall be subject to any assessments levied under the provisions of this article …
Ala. Code § 2-8-49 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitations on Assessments. If in any referendum held under the provisions of this article a majority or more of the swine producers eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of the assessment prop…
Ala. Code § 2-8-5 Application of Cattle Owners’ Association for Certification and Approval
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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 cattle owners as provided in Section 2-8-4, the said board shall within 30 days thereafter meet and conside…
Ala. Code § 2-8-50 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 swine producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized t…
Ala. Code § 2-8-51 Collection of Assessments; Deductions for Expenses
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In the event the required number of swine producers approve by a referendum as provided in this article the levying of an assessment upon the sale of swine for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every per…
Ala. Code § 2-8-52 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 on a quarterly basis between the first and fifteenth of January, April, July and October of each year, less an amount not to exceed thre…
Ala. Code § 2-8-54 Refund of Assessment to Swine Producer
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Any producer of swine 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 amount of the assessment collec…
Ala. Code § 2-8-55 Exempt Sales
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The provisions of this article shall not apply to occasional sales between producers. History: (Acts 1973, No. 463, p. 653, §16.)
Ala. Code § 2-8-56 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 § 2-8-57 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of swine 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 promoting and s…
Ala. Code § 2-8-58 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…
Ala. Code § 2-8-59 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 § 2-8-6 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 2-8-5, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama cattle owners a referendum wherein they shall be entit…
Ala. Code § 2-8-60 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 § 2-8-61 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 § 2-8-62 Penalty for Failure to Deduct and Pay Over Assessment; Inspection of
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Books and Records; Injunctions. (a) Any dealer, handler, processor, sales market or other purchaser of swine 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 commission…
Ala. Code § 2-8-7 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-6, 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 area covered by the refere…
Ala. Code § 2-8-8 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted under the 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 necessar…
Ala. Code § 2-8-80 Legislative Purpose and Intent
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It is hereby declared to be in the interest of the public welfare that producers of soybeans shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers and purchasers of soybeans and with the Commissioner of Agriculture and Industries and with the…
Ala. Code § 2-8-81 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 soybean industry shall be deemed or considered illegal or in restraint of trade. History: (Acts 1971, No. 227, p. 523, §2.)
Ala. Code § 2-8-82 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 soybean 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 § 2-8-83 Application of Soybean Producers’ Association for Certification and
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Approval to Conduct Referendum - Generally. Any nonprofit association of producers fairly and substantially representative of the producers of soybeans throughout the state may make application to the State Board of Agriculture and Industries for certification and approval for th…
Ala. Code § 2-8-84 Application of Soybean Producers’ Association for Certification and
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Approval to Conduct Referendum - Action by State Board of Agriculture and Industries on Application. Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of soybean producers, as provided in Section 2-8-83, the said boa…
Ala. Code § 2-8-85 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 2-8-84, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama soybean producers a referendum wherein they shall be …
Ala. Code § 2-8-86 Notice of Referendum
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When a referendum has been authorized as provided in Section 2-8-85, 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 a…
Ala. Code § 2-8-87 Conduct of Referendum; Payment of Expense
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The arrangements for and the management of any referendum conducted under the 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 necessar…
Ala. Code § 2-8-88 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 by the State Board of Agriculture and Industries for the holding of such referendum. All producers of soybeans who shall be subject to any asse…
Ala. Code § 2-8-89 Majority Vote Required for Approval of Assessment; Canvass of
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Results; Limitation on Assessment. If in any referendum held under the provisions of this article a majority or more of the soybean producers who are eligible to participate and who actually vote therein shall vote in the affirmative and in favor of the levying and collection of …
Ala. Code § 2-8-9 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 an area or statewide basis as may be determined by the certified association pursuant to rules and regulations adopted for the holding of such referendum. All owners of cattle in the area covered by the …
Ala. Code § 2-8-90 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 soybean producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized…
Ala. Code § 2-8-91 Collection of Assessments; Deductions for Expenses
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In the event the required number of soybean producers approve, by a referendum as provided in this article, the levying of an assessment upon the sale of soybeans for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing ev…
Ala. Code § 2-8-92 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 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 § 2-8-94 Exemptions
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The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of soybeans in any calendar year, nor shall the provisions of this article apply to occasional sales between growers. History: (Acts 1971, No. 227, p. 523, §15.)
Ala. Code § 2-8-95 Refund of Assessment to Soybean Producer
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Any producer of soybeans 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 amount of the assessment col…
Ala. Code § 2-8-96 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 the commissioner a bond approved by the commissio…
Ala. Code § 2-8-97 Expenditure of Assessments
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The funds derived from any assessments levied upon the sale of soybeans 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 promoting an…
Ala. Code § 2-8-98 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…
Ala. Code § 2-8-99 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 § 2-9-1 Source of Fund
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Wherever provision is made in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the collection of any fee or license or the imposition of…
Ala. Code § 2-9-2 Proceeding Against Persons Delinquent in Payment of License or
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Permit Fee. When any person has been delinquent for 30 days or more in the payment of any license or permit fee levied under the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries…
Ala. Code § 2-9-20 Fund Created; Moneys to Be Paid into Fund
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There is hereby created in the State Treasury a fund to be known and designated as the Shipping Point Inspection Fund. All funds, fees, charges, costs and collections accruing to or collected by the Department of Agriculture and Industries in connection with the administration an…
Ala. Code § 2-9-21 Expenditure of Fund
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All funds now or hereafter deposited in the State Treasury to the credit of the Shipping Point Inspection Fund shall be expended to provide and furnish the services for which such funds are collected in accordance with the provisions of the law authorizing the collection of such …
Ala. Code § 2-9-22 Insurance for Employees of Department of Agriculture and Industries at
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Shipping Points, Etc. The Commissioner of Agriculture and Industries, subject to approval by the Governor, is hereby authorized and empowered and may enter into a contract by bond or policy with an insurance company authorized to do business in this state whereby employees of the…
Ala. Code § 2-9-3 Purpose for Which Agricultural Fund May Be Expended
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The Agricultural Fund shall not be expended upon any work or activity of any department, institution, bureau, commission, board or other state agency in connection with the Alabama Agricultural Experiment Station System or the Alabama Extension Service or any work or activity whi…
Ala. Code § 2-9-4 Authority of Commissioner Over Fund
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The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall use the Agricultural Fund in accordance with the provisions of law for the support and expense of the regulatory, control and administrative work of the Depar…
Ala. Code § 2-9-40 Sources of Fund; Expenditures from Fund
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There shall be maintained in the State Treasury the fund now existing therein and designated as the “Egg Inspection Fund” into which fund there shall be deposited all amounts received pursuant to any cooperative agreement with the United States Department of Agriculture or other …
Ala. Code § 2-9-5 Payment of Salaries and Expenses of Commissioner, Members of
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Board, Department Employees, Etc. The salaries and expenses of the commissioner, members of the State Board of Agriculture and Industries, and the salaries of the employees of the Department of Agriculture and Industries, as otherwise fixed by law, shall be payable from the Agric…
Ala. Code § 2-9-6 Requisitions and Warrants for Payments from Fund
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All expenses incurred under this title or any other provision of this code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the operation of the department shall be paid by warrants d…