Title 8 — Title 8

It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any other marketer of petroleum products with the intent to deceive a purchaser as to the nature, source, quality or identity of any petroleum…

(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to motor fuels, lubricating oil, grease and other similar petroleum products regulated by the provisions of …

Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor. History: (Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §424.)

The term “motor vehicle,” as used in this division, shall include all vehicles propelled by any power other than muscular power. History: (Acts 1939, No. 607, p. 972, §3; Code 1940, T. 2, §425(3); Acts 1943, No. 596, p. 611, §3.)

The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several units of government upon the goods, wares and merchandise identified in this division, and nothing contained in this division shall be construed t…

It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any motor vehicle or to deliver into any motor vehicle for actual or apparent use therein any motor fuel for use in supplying, creating, or generating motive po…

District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division. History: (Acts 1939, No. 607, p. 972, §5; Code 1940, T. 2, §425(5); Acts 1943, No. 596, p. 611, §5.)

(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to the provisions of this division. History: (Acts 1977, No. 20, §2.)

A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law. History: (Acts 1939, No. 607, p. 972, §4; Code 1940, T. 2, §425(4); Acts 1943, No. 596, p. 611, §4.)

(a) No person shall sell or take orders for sale and delivery within this state any “oil of turpentine,” or so-called “spirits of turpentine,” “turpentine,” or “turps,” unless the same is wholly volatile oil derived from the oleo-resinous exudation from, or the resinous wood of, …

No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and p…

(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other products or any product which is intended to be used as a substitute for oil of turpentine unless it is exposed for sale and sold under the name…

2-2-30, Et Seq. (a) The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this article. In addition, the commissioner may make and adopt rules pursuant to the Administrative Pr…

(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding the composition of any article as required or any statements of any kind which are misleading or deceptive or which…

Issuance to Purchaser or Agent of Invoice as to Amount Purchased. (a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the amount of gas purchased shall be given to the purchaser or his agent. (b) …

(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or distributor thereof shall register the product with the Commissioner of Agriculture and Industries and obtain a permit authorizing the sa…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCE. Each and all of the acids, alkalis, and substances named below: a. Hydrochloric acid and any preparation cont…

No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, such parcel, package, or container designed for househ…

As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise: (1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5. (2) ANNUAL RETAILER. Any pe…

Before a Proximate Audience; Record of Sales; Enforcement. (a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use be…

The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or w…

Sale, Etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders. No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit…

Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked. (a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or…

Requirement of Proof of Current and Valid Sales Tax Number. The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses…

(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks…

(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection Association’s Standard for the Use of Pyrotechnics Before a Proximate Audience (NFPA 1126) as shall be adopted by the State Fir…

(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into the State of Alabama, except as provided in Section 8-17-216, any pyrotechnics commonly known as “fireworks” other than items now or he…

All items of fireworks which exceed the two grain limit of D.O.T. Class C consumer fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufact…

217; Identification Marks on Items. No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named t…

Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, held, displayed or offered for sale, barter, or exchange shall be confiscated and disposed of as provided for under Art…

for Which Special Fireworks Permit at No Time Required. Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term “fireworks” shall not include toy paper pistol caps which contain less than twenty-five hundre…

Fireworks from Tents, Motor Vehicles, Etc.; Inspection by State Fire Marshal, Etc., of Premises Where Fireworks Are to Be Stored or Sold. (a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed…

Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks. It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or…

Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor as applying to the military or naval forces of the United States, or …

Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100 or more than $1,000 or imprisoned for not less…

The State Fire Marshal shall seize as contraband any fireworks other than the permitted “Class C Consumer Fireworks” and related items defined in Section 8-17- 217 or “special fireworks” for public displays as provided in Section 8-17-216, which are sold, displayed, used, or poss…

(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance…

Rules and Regulations. The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve and register such brands and labels intended for use under the provisions of this articl…

For the purposes of this article, the following terms shall have the following meanings: (1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance in the design and use of legal fireworks. (2) ASSISTANT. A person wh…

(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this article. (b) A person may not provide a fireworks display without a pyrotechnic display operator licen…

(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both, without a pyrotechnic special effects operator license. An applicant for a pyr…

(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age and satisfy the requirements of subsection (b) or subsection (c). (b) For a pyrotechni…

(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state using fireworks shall first hire a licensed pyrotechnic display operator or a pyrotechnic special effects operator …

The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior to use. History: (Act 2018-464, §6.)

(a) Any person who is certified as a lead technician by the State Fire Marshal on or before June 1, 2018, may apply to the State Fire Marshal under this article for a pyrotechnic display operator license or a pyrotechnic special effects operator license. The application shall be …

(a) A pyrotechnics display operator license or pyrotechnic special effects operator license issued under this article authorizes the holder to act pursuant to that license until the license is suspended, revoked, or not renewed. Upon the suspension or revocation of a license, or …

Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor. History: (Act 2018-464, §9.)

This article shall be read in pari materia with Article 8, commencing with Section 8- 17-210, of Chapter 17, Title 8. History: (Act 2018-464, §10.)

Any person violating the provisions of this article shall be guilty of a misdemeanor. History: (Acts 1927, No. 132, p. 90; Code 1940, T. 2, §55.)

This article shall be known and may be cited as the “Alabama Explosives Safety Act of 1993.” History: (Acts 1993, No. 93-713, p. 1391, §1.)