Title 2 — Title 2

For examining and filing corporation papers under provisions of this article, the probate judge in whose office the same is filed shall receive a fee of $2.00 and be paid $.15 per 100 words for recording the same. The Secretary of State for the use of the state shall be paid $5.0…

For filing articles of incorporation, an association organized under this article shall pay $10.00, and for filing an amendment to the articles, $2.50. History: (Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7155; Code 1940, T. 2, §113.)

The following terms, as used in this article, shall have the meanings respectively ascribed to them in this section: (1) PRODUCERS OF AGRICULTURAL PRODUCTS. Individual persons, partnerships, associations and corporations who produce such products either directly or as landlords, …

The purposes of this article are to promote the general welfare of agriculture; to enable producers of agricultural products, whether in the State of Alabama or not, to cooperate in the production, processing, packing, distribution, financing and marketing of agricultural product…

Incorporation. Five or more producers of agricultural products, whether in the State of Alabama or not, who may desire that they, their associates and successors shall come under this article and enjoy its benefits may enter into articles of association and incorporation which sh…

A majority of the organizing members named in the articles of incorporation, at a time and place agreed upon in writing by all the said organizers, or when and where all are present, or upon call of a majority of such organizers upon five days’ notice thereof, in writing, giving …

The affairs of an association incorporated under this article shall be conducted, controlled and managed by a board of directors of such number, not to be less than five, and with such terms of office as may be provided by the bylaws. The said directors shall be elected by the me…

The board of directors shall elect from its number a president and one or more vice- presidents. It shall also elect a secretary and a treasurer who need not be directors, and it may combine the two latter offices and designate the combined office as secretary-treasurer. The duti…

The bylaws may provide, among other things, for voting by the members by mail or by proxy in writing and for membership fees and dues and shall provide how membership in the incorporated association may be acquired and lost. History: (Acts 1935, No. 220, p. 604; Code 1940, T. 2, …

Under the terms and conditions prescribed in its bylaws, an association may admit as members or issue common stock or certificates of membership only to persons engaged in the production of agricultural products, including the lessees and tenants of land used for the production o…

Incorporated associations may be organized under this article with capital stock at the option of the organizers. In that event the association shall be organized by the same method and for the same recording fee as in the case of those associations organized without capital stoc…

An association incorporated under this article shall have the power to: (1) Contract and be contracted with; (2) Borrow and lend money; (3) Issue notes, bonds and other obligations and secure the payment of the same by mortgage or otherwise; (4) Buy, contract for, own, sell, conv…

The purposes of this article are to promote, protect and develop the agricultural interests of this state, to regulate and control the marketing of agricultural products, to provide for the fixing and promulgation of standards for any or all containers for agricultural products w…

Any employee or agent employed under this article or any inspector licensed under this article, who shall knowingly inspect or classify improperly any agricultural product or shall knowingly give an incorrect certificate of classification, quality or condition or shall accept mon…

The commissioner and his duly authorized employees may enter and inspect any place where grain is stored, shipped, sold or offered for sale for the purpose of carrying out the provisions of this article. The commissioner and his duly authorized employees may, for the purpose of i…

Any funds or fees collected under this article shall accrue to the Agricultural Fund and shall be used for the purpose of defraying the expenses of a proper enforcement of the provisions of this article. History: (Ag. Code 1927, §333; Code 1940, T. 2, §327.)

Seizure, Etc. The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this article.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. History: (Ag. Code 1927, §331; Code 1940, T. 2, §328.)

Whenever standards for agricultural products have been promulgated under this article, no person thereafter shall in any manner class, represent, describe or refer to any agricultural product for which such standards have been fixed in the preparation for or offering for sale or …

The terms “honey,” “liquid or extracted honey,” “strained honey” or “pure honey” as used in this article, shall mean the nectar of plants that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and marketed in …

(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as “honey,” “liquid or extracted honey,” “strained honey” or “pure honey” which is not pure honey, nor may the label of any such article or product…

The word “imitation” shall not be used in the name of a product which is in semblance of honey whether or not it contains any honey. The label for a product which is not in semblance of honey and which contains honey may include the word “honey” in the name of the product and the…

Any person convicted of violating the provisions of this article shall be guilty of a Class B misdemeanor as defined in Title 13A. History: (Acts 1981, No. 81-373, p. 549, §4.)

The provisions of this article shall apply only when agricultural products are sold in sacks, bags, crates, boxes, packages or other containers and shall not prevent the sale of any such products in bulk; provided, that, for the purposes of this article, the Board of Agriculture …

(a) The commissioner shall have the power to: (1) Inspect and determine the grade and condition of agricultural products both at shipping points and receiving centers within this state and provide for the issuance of certificates as to grade or condition of such products; (2) Ins…

This article shall be known as the Alabama Catfish Marketing and Consumer Act of 1975. History: (Acts 1975, No. 1191, p. 2333, §1.)

For the purposes of this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) CAPABLE OF USE AS HUMAN FOOD. Such term shall apply to any catfish or part or product thereof, unless it is denatured or otherwise ide…

This article shall be administered by the Commissioner of Agriculture and Industries. History: (Acts 1975, No. 1191, p. 2333, §2.)

Products Generally. (a) No catfish product shall be offered for direct retail sale for human consumption by a processor, distributor or retailer unless the catfish product name is specifically labeled in the following manner: (1) “Farm-Raised Catfish, A Product of Alabama” if the…

Products Distributed or Sold for Resale by Distributors, Processors, Etc. All distributors, processors or wholesalers of catfish products distributing or selling catfish products shall provide information to each person, firm or corporation to whom they distribute or sell catfish…

Commissioner. (a) The commissioner shall be authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article. (b) Before the issuance, amendment or repeal of any rule or regulation authorized by this article, the commissioner s…

Products. The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with such data on their production and use as he may consider advisable; provided, that the information concerning produ…

Etc. The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government and private associations in order to carry out the purpose and provisions of this article. History: (Acts 1975, No. 1191, p. 2333, §8.)…

Regulations Promulgated Thereunder Generally. (a) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports …

Violation of Provisions of Article. Any catfish sold in violation of the provisions of this article shall be subject to suspension from sale, seizure and condemnation pursuant to Article 2 of Chapter 2 of this title. History: (Acts 1975, No. 1191, p. 2333, §7.)

The commissioner shall specify the date or dates when the standards, or any alterations or modifications of such standards, adopted under the provisions of this article, shall become effective and shall give public notice not less than 30 days in advance of such date or dates by …

Provided. Any person who violates any provision of this article for which no other civil penalty is provided by this article shall, upon conviction, be subject to a fine of not more than $500.00; provided, that no person shall be subject to penalties under this section for receiv…

(a) When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck and shall drain any water from the weighing baskets before the catfish are weighed. No deductions shall be made thereafter for water …

Government. The commissioner, with the advice and counsel of the State Board of Agriculture and Industries, is authorized to fix and promulgate as the official standards for this state for any agricultural product the standard for such product promulgated or announced therefor un…

This article shall not apply to saltwater fish and seafoods. History: (Acts 1969, No. 311, p. 646, §2.)

The Commissioner of Agriculture and Industries, with the approval of the Board of Agriculture and Industries, may prescribe rules and regulations for carrying out the purposes of this article, including the fixing of fees which shall be reasonable and as nearly as may be to cover…

The commissioner, with the approval of the Board of Agriculture and Industries, may establish and promulgate official grades and standards for farm products and fish produced and processed within the state for the purpose of sale and may from time to time amend or modify such gra…

Revocation or Suspension of Right to Use. The commissioner, with the approval of the Board of Agriculture and Industries, may determine or design brands or labels for identifying farm products or fish packed and processed in accordance with the official grades and standards estab…

Upon the establishment of the grades or standards, brands or labels, the commissioner shall give due publicity through the newspapers of the state, setting forth the grade or grades so established and the date on which such establishment is to become effective, and shall distribu…

After notice of the establishment of grades or standards and the determination of brands and labels, it shall be unlawful to use a brand or label to identify farm products and fish as being of a grade established before a permit is granted or after the revocation of the right to …

The commissioner or his duly authorized agents may inspect farm products and fish marked, branded or labeled in accordance with official grades or standards established and promulgated by the said commissioner, with the approval of the Board of Agriculture and Industries, for the…

Performance of Duty. The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products and fish are marked, branded or labeled in accordance with official grades established…

All fees and charges collected under this article shall be deposited with the State Treasurer to the credit of the Department of Agriculture and Industries. History: (Acts 1969, No. 311, p. 646, §8.)

This article is cumulative and is not intended to replace any similar laws in effect on August 12, 1969. History: (Acts 1969, No. 311, p. 646, §10.)

The commissioner is hereby authorized to designate any competent employee or agent of the Department of Agriculture and Industries or United States Department of Agriculture and to license any competent person and to charge and collect a reasonable fee for such license to inspect…