Title 2 — Title 2

The provisions of Sections 2-19-23 and 2-19-24 as to keeping the lint separate and apart from other lots shall not be made to apply to lots of cotton of less than one bale. History: (Acts 1919, No. 755, p. 1116; Code 1923, §7307; Code 1940, T. 2, §166.)

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

Cotton by Ginners, Warehouse Proprietors, Etc. Any ginner, warehouse proprietor, common carrier, officer, agent, clerk or employee of such common carrier or person or any other person who, for the purpose of preventing, delaying or hindering the identification of any cotton by an…

Merchant, Etc., Having Custody Thereof. Any factor, commission merchant, consignee or agent having the control of any cotton who, without the consent of the owner, appropriates to his own use any cotton taken from any bale under his control or authorizes or knowingly permits any …

Trafficking in Seed Cotton - Required Generally. All persons engaged in the traffic in seed cotton are required to keep legibly written in a book, which shall be open to public inspection, the names of all persons from whom they purchase or receive, by way of barter or exchange o…

Trafficking in Seed Cotton - Exceptions. The provisions of Section 2-19-40 shall not apply to the purchase of seed cotton sold under process of law or in satisfaction of a landlord’s lien, in the collection of his rents, advances or mortgages previously given on the cotton sold, …

Any person who shall engage in the traffic of seed cotton and who shall fail to keep the record book as provided by this article shall be guilty of a misdemeanor. History: (Ag. Code 1927, §372; Code 1940, T. 2, §169.)

on Which Same Grown. It shall be unlawful for any person to receive or buy seed cotton at any time from any person, except the owner of land on which the same was grown or his lawful agent or except from a person presenting a written permit to make such sale from the owner of the…

Any person who knowingly and unlawfully takes from any bale of cotton any part thereof without the authority of the owner, consignee or agent shall be guilty of a misdemeanor. History: (Ag. Code 1927, §356; Code 1940, T. 2, §146.)

Any person who is authorized to sample cotton and who, with intent to defraud, converts such samples to his own use or refuses to deliver them on demand to the owner, consignee or agent, unless they have been destroyed or stolen without his agency or taken out of his possession b…

The purpose of this article is to protect the public interest as to the character of service rendered by public gins, and to that end the commissioner is authorized and empowered to supervise and control public gins as to the character of service which they render. History: (Ag. …

The proprietor, lessee, or manager of any cotton gin shall procure on or before July 1 of each year from the commissioner a permit to do business as a cotton ginner, the application for which shall be made upon forms to be furnished by the commissioner. The fee for the annual per…

Power is hereby conferred upon the commissioner, with the approval of the State Board of Agriculture and Industries, to establish rules and regulations not inconsistent with law for the conduct, management and operation of cotton gins, the separation of sand or other foreign mate…

Permits. (a) It shall be the duty of the commissioner to enforce the requirements of law relative to cotton gins and to see that all rules and regulations relative to cotton gins that may be established from time to time by him and approved by the State Board of Agriculture and I…

Any cotton ginner who operates his gin without first securing a permit therefor as provided by this article, or who operates after such permit has been revoked shall be guilty of violating the provisions of this article and, on conviction, shall be fined as for a misdemeanor for …

Consignee, Etc. Any person who, knowingly and with intent to defraud, buys or receives any cotton taken from the bale without the authority of the owner, consignee or agent shall be guilty of a misdemeanor. History: (Ag. Code 1927, §358; Code 1940, T. 2, §148.)

Consignee, Etc. Any person who, without authority of the owner, consignee or agent, willfully or wantonly cuts, tears or otherwise opens any bail of cotton or takes any sample therefrom shall be guilty of a misdemeanor. History: (Ag. Code 1927, §359; Code 1940, T. 2, §149.)

The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States, shall, while they are in effect, be the official cotton standards of this state on which all cotton which is of or within the…

Official Standards. It shall be unlawful in or in connection with any transaction or transactions in commerce subject to the jurisdiction of this state or in any publication in this state for any person to indicate the grade of any cotton which is of or within the grades of the s…

All warehousemen shall obtain the grade and length of staple from the United States Department of Agriculture for the storer of any bale of cotton who makes a written request for the grade and staple and shall stamp the same on the warehouse receipt of the cotton stored. The said…

A certificate of classification of cotton issued by the United States Department of Agriculture shall be accepted in all the courts of this state as prima facie evidence of the facts stated therein. History: (Ag. Code 1927, §386; Code 1940, T. 2, §184.)

Etc. Any person who purchases cotton in this state who shall fail to keep a record showing the name and address of the person from whom the same was purchased, the date of said purchase and the identification marks on and weight of said cotton shall be guilty of a misdemeanor. Hi…

Cotton Seed Hulls, Etc., to Be Sold Generally. Oats, rye, corn, wheat, barley and cotton seed hulls shall be sold in the following prescribed quantities: (1) Oats in sacks containing two and one-half and five bushels, weighing, respectively, 80 and 160 net pounds; (2) Rye and cor…

Than Prescribed by Section 2-20-1 Generally. Any person who sells any corn, oats, rye, wheat, barley or cotton seed hulls in sacks or bags, except in quantities respectively prescribed in Section 2-20-1, shall be guilty of a misdemeanor. History: (Ag. Code 1927, §210; Code 1940, …

Grains or Cereals by Producers or Growers Thereof. The provisions of Sections 2-20-1 and 2-20-2 shall apply only when corn, oats, rye, wheat, barley or cotton seed hulls are sold in sacks, bags or other packages and shall not prevent the sale of any of said articles in bulk. The …

Adulterated Corn, Oats, Rye, Etc., Generally. Any person who shall sell what is known to the trade as “mill oats” or like product either by itself or in combination with a commercial feed, as defined in Section 2- 21-1, or who shall sell corn, oats, rye, wheat or barley which has…

Same Generally. It shall be unlawful to sell in this state barley, oats or other grains bleached with sulphur fumes whereby damage or inferiority has been concealed or water has been added, and such barley, oats or other grains shall be subject to seizure for confiscation by writ…

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

This chapter shall be known as the Alabama Commercial Feed Law of 1978. History: (Acts 1978, No. 780, p. 1143, §1.)

When used in this chapter or in rules and regulations promulgated thereunder, the following words and terms shall have the meaning ascribed to them, except where the context clearly indicates otherwise: (1) BRAND NAME. Any word, name, symbol or device, or any combination thereof,…

This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as the “commissioner.” History: (Acts 1978, No. 780, p. 1143, §2.)

(a) No person shall manufacture or sell a commercial feed in this state, unless he or she has filed with the commissioner on forms provided by the commissioner, his or her name, place of business, and location of each manufacturing facility from which feed may be shipped within o…

A commercial feed, regardless of the container in which it is shipped or sold, shall be labeled as follows: (1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: a. The net weight. b. The product na…

A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; (3) If it is not labeled as required in Section 2-21-20; (4) If it purports to be or is represente…

A commercial feed shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under thi…

The following acts and the causing thereof within the State of Alabama are hereby prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded. (2) The adulteration or misbranding of any commercial feed. (3) The distribution of agricult…

Overpayments. (a) An inspection fee established by the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton shall be paid on commercial feeds by every person who distributes the commercial feed in this state, exempting bulk grain; except that: (1) Th…

(a) The commissioner, with the approval of the board, is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enf…

(a) For the purpose of enforcement of this chapter and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the commissioner, upon presenting appro…

When the commissioner or his duly authorized agent has reasonable cause to believe that any lot or other quantity of commercial feed is being distributed, sold or offered for sale or kept for sale in violation of any of the requirements of this chapter or rules or regulations ado…

If any commercial feed in the possession of or consigned to the purchaser is found by the commissioner to be short in weight, the licensee who manufactures or distributes said commercial feed shall, within 30 days after an official notice from the commissioner, pay to the purchas…

If a commercial feed is found to be deficient in a constituent guaranteed on the label by more than one “permitted analytical variation,” a monetary penalty is assessed in an amount equal to five percent of the purchase price of the product and 10 percent for each additional “per…

In any case wherein the licensee fails or refuses to make payment of a penalty to the purchaser within the time required, the purchaser may institute legal action against the licensee for the recovery of such penalty as provided in Sections 2-21- 28 and 2-21-29. Any judgment agai…

Relief; Warning Notices. (a) Penalties. Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter or who s…

Any person who seeks to his own advantage, or reveals to other than the commissioner or officers of the commissioner (appropriate department of the state), or to the court when relevant in any judicial proceeding, any information acquired under the authority of this chapter conce…

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter. History: (Acts 1978, No. 780, p. 114…

The commissioner may publish annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable; provided, that the information concerning production and use of comm…

This chapter shall be known as the Alabama Fertilizer Law of 1969. History: (Acts 1969, No. 434, p. 840, §1.)

(a) Each licensee shall furnish the commissioner a report showing the number of tons of each grade of fertilizer sold in each county in the state semiannually pursuant to regulations adopted by the board. Said report shall be submitted not later than 30 days following the close o…

Commissioner; Furnishing of Results, Etc., to Licensees Where Fertilizers Found Subject to Penalty or Legal Action. (a) It shall be the duty of the commissioner, who may act through his authorized agent, to sample, inspect, make analyses of and test commercial fertilizers distrib…