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Alabama Statutes, Title 2

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Alabama/Statutes

← All Alabama coverage

Title 2

40 chapters · 1,144 sections in this title.

All chapters in Title 21,144 Ch 8, Promotion of Agricultural Industries…210 Ch 15, Livestock134 Ch 19, Cotton62 Ch 10, Cooperatives and Associations61 Ch 11, Marketing, Grading and Standards of …61 Ch 6, Agricultural Center56 Ch 13, Milk and Dairy Products48 Ch 2, Commissioner of Agriculture and Indu…42 Ch 17, Meat and Poultry Inspection36 Ch 27, Pesticides35 Ch 3A, Alabama Agricultural Development Aut…30 Ch 26, Seeds29 Ch 25, Plants and Trees28 Ch 5A, Farmers’ Marketauthority25

1,144 sections·Filtered byTitle 2✕

Ala. Code § 2-23-10 Suspension from Sale, Seizure and Condemnation of Agricultural Liming Materials Offered or Exposed for Sale in Violation of Chapter, Etc
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The commissioner may issue and enforce a written or printed stop sale or suspension from sale, use or removal order to the manufacturer, owner, distributor or custodian of any lot of agricultural liming materials being held for sale purposes and to hold such material at a designa…
Ala. Code § 2-23-11 Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors
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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 shall be guilty of a misdemeanor and upon convic…
Ala. Code § 2-23-2 Definitions
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The following terms, as used in this chapter and rules adopted under authority of this chapter, shall have the following meanings, respectively: (1) AGRICULTURAL LIMING MATERIALS. Those products whose calcium and magnesium compounds are capable of neutralizing soil acidity. (2) B…
Ala. Code § 2-23-3 Permit Required for Manufacturing or Distribution; Fees

Showing 951–1,000 of 1,144

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Every manufacturer or distributor selling agricultural liming materials in this state shall, on or before October 1 of each year or prior to manufacture or distribution of such liming material in the State of Alabama, apply for and obtain an annual permit for such purpose on a fo…

Ala. Code § 2-23-4 Requirements as to Labeling; False or Misleading Statements on Package Labels; Delivery Slips, Etc., Prohibited

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(a) Agricultural liming materials sold or offered for sale in this state for use herein or sold for importation into this state for use herein shall have affixed to each container in a conspicuous manner on the outside thereof a clearly legible printed or stamped label, tag, or s…

Ala. Code § 2-23-5 Inspection Fee; Tonnage Report

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(a) Each manufacturer or distributor of agricultural liming materials shall report monthly to the commissioner, at the end of each month, on forms provided by the commissioner, his or her gross sales in tons of such materials sold in the State of Alabama for that month accompanie…

Ala. Code § 2-23-6 Inspection, Sampling, Analysis, Etc., of Agricultural Liming Materials by Commissioner; Right of Entry Upon Public or Private Premises, Etc., of Commissioner

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(a) It shall be the duty of the commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural liming materials distributed within this state as he may deem necessary to determine whether such agricultural liming materials are …

Ala. Code § 2-23-7 Assessment of Penalties Against Manufacturers, Distributors, Etc., for Deficiencies in Agricultural Liming Materials

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The board shall have authority by rules and regulations duly adopted, as provided in this section, to provide for the assessment of penalties to be assessed against a manufacturer, distributor or other seller responsible for such deficiency of any agricultural liming material whe…

Ala. Code § 2-23-8 Sale or Offer for Sale of Agricultural Liming Materials Not Complying with Provisions of Chapter, Etc.; Sale or Offer for Sale of Agricultural Liming Materials Containing Toxic Materials in Quantities Injurious to Plants or Animals

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(a) No agricultural liming materials shall be sold or offered for sale in this state unless they comply with provisions of this chapter or rules and regulations promulgated hereunder. (b) No agricultural liming materials shall be sold or offered for sale in this state which conta…

Ala. Code § 2-23-9 Rules and Regulations

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The board, after reasonable notice and hearing to interested persons, may make such rules and regulations, including establishing fees, as are reasonably necessary to implement and carry out the provisions of this chapter and to establish such additional standards and requirement…

Ala. Code § 2-24-1 Purpose of Chapter

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Recognized soil-testing practices are the most effective means by which fertilizer and lime needs of fields, pastures and gardens can be determined for the growth of certain crops, plants and grasses. It is a means of providing the latest information available from research and e…

Ala. Code § 2-24-2 Approval and Certification

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The Commissioner of Agriculture and Industries, pursuant to rules and regulations adopted under this chapter as provided in this chapter and upon application therefor, is hereby authorized to approve and to certify soil-testing laboratories which meet the requirements as set fort…

Ala. Code § 2-24-3 Promulgation of Rules and Regulations as to Procedures, Methods, Standards, Etc., for Soil-Testing Laboratories

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The State Board of Agriculture and Industries is hereby authorized to adopt and promulgate rules and regulations which shall set forth and require uniform methods, procedures and standards to be followed by soil-testing laboratories in determining the fertilizer and lime needed f…

Ala. Code § 2-24-4 Certification of Soil-Testing Laboratories Not Mandatory; Agricultural Soil-Testing Laboratory of Auburn University Not Affected by Article

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No person, firm, partnership, corporation or association which maintains a soil-testing laboratory for agricultural purposes shall be required to comply with the provisions of this chapter as it is hereby intended that only those laboratories which desire to be certified under au…

Ala. Code § 2-24-5 Making of False or Fraudulent Representations as to Approval and Certification by Commissioner

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Any person, firm, partnership, corporation or association who shall make any false or fraudulent representations that it is approved and certified by the Commissioner of Agriculture and Industries without complying with the provisions of this chapter shall be guilty of a misdemea…

Ala. Code § 2-25-1 Definitions

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When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fun…

Ala. Code § 2-25-10 Introduction into State of Live Plant Pests, Etc., or Specimens of Disease Injurious to Plants; Special Permit

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The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall be the sole issuing agency for such special pe…

Ala. Code § 2-25-11 Common Carriers, Etc., Not to Accept for Shipment or Deliver Nursery Stock, Etc., Without Official Tags, Etc

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No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which do not bear the official tag issued by t…

Ala. Code § 2-25-12 Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, Etc., Boxes, Packages Without Official Tags, Etc

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No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Section 2-25-11. (Ag. Code 1927, §303; Code 1940, T. 2, §463.)

Ala. Code § 2-25-13 Movement, Sale, Etc., into State or Within State of Plants, Plant Products, Etc., During Quarantines; Confiscation by Commissioner; Plants, Etc., Moved into Quarantined Area

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Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of this state, other states, territories or foreign countries as to plant, pest, or noxious weed, it shall be unlawful…

Ala. Code § 2-25-13.1 Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; “Viable” Defined

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It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of living an…

Ala. Code § 2-25-14 Sale, Carriage, Shipment, Etc., of Nursery Stock by Nurserymen or Dealers

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It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this article and the rules and regulations made pursuant thereto. (Ag. Code 1927, §305; Code 1940, T…

Ala. Code § 2-25-15 Importation, Sale, Possession, Etc., of Fruits, Nuts, Etc., Infested or Infected with Plant Pests or Noxious Weeds Likely to Cause Damage

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It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are infested or infected with plant pests or noxious weeds of a kind and…

Ala. Code § 2-25-15.1 Receipt of Plants, Nursery Stock, Etc., Not in Compliance with Law by Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item

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Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage or shipment within this state, as to which provisions of this article and the rules and regulations adopted pur…

Ala. Code § 2-25-16 Throwing Cuttings, Prunings, Etc., into Public Roads, Fields, Etc.; Destruction of Cuttings, Prunings, Etc., Containing Plant Pests or Noxious Weeds

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It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of any fruit trees, nursery stock or ornamental trees or any fruit if said cuttings, prunings or fruit contain plant pests or noxious weeds into any…

Ala. Code § 2-25-17.1 Procedures to Be Used When Plant, Nursery Stock, Etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner’s Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of Treatment or Destruction

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If the commissioner finds, on examination, any plant, plant product or nursery stock infested or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons having charge of such premises to that effect, and the owner or person in charge shall, wit…

Ala. Code § 2-25-17.2 Procedures for Fumigation or Treatment of Infested Plants, Etc

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The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the …

Ala. Code § 2-25-18 Appeals to State Board from Findings or Orders of Commissioner

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The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings. This appeal from th…

Ala. Code § 2-25-19.1 Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies

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In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or temporary, or permanent injunction or both, restraining any person from violating or from continuing to violate any provision…

Ala. Code § 2-25-19.2 Acts of Officials, Agents, Employees, Etc., Deemed Those of Principal as Well as of Individual

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In construing and enforcing the provisions of this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every cas…

Ala. Code § 2-25-2 Purposes of Article

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The purposes of this article are to prevent the introduction into and dissemination within this state of plant pests and noxious weeds injurious to plants and plant products of this state, to provide for the inspection and control of nurseries and the regulation of the sale and d…

Ala. Code § 2-25-20 Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in Evidence Thereof

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(a) All rules and regulations made by the board or commissioner shall be promulgated by publishing same in any official organ of the department or of the board or by giving such other reasonable public notice as may be prescribed by the board; provided, that in cases where it is …

Ala. Code § 2-25-21 Review of Rules or Regulations by Board

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Any person affected by any rule or regulation made on notice given pursuant to this article may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost …

Ala. Code § 2-25-22 Violations of Article, Rules and Regulations, Notice or Order; Forgery, Etc., of Certificates, Etc

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Any person who shall violate any provision or requirement of this article or of the rules and regulations made thereunder or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any certificate provided for in this…

Ala. Code § 2-25-3 Power and Duty of Commissioner as to Protection of Agricultural and Horticultural Interests from Plant Pests and Noxious Weeds Generally

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It shall be the duty of the commissioner to protect the agricultural and horticultural interests of the state from plant pests and noxious weeds; and, to that end, he is vested with power and authority to: (1) Inspect or cause to be inspected by duly authorized employees, plants,…

Ala. Code § 2-25-4 Power and Duty of Board as to Protection of Agricultural and Horticultural Interests from Plant Pests and Noxious Weeds Generally

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It shall be the duty of the board to protect the agricultural and horticultural interests of the state and, to that end, it is vested with power and authority to: (1) Make all such rules and regulations governing nurseries and the movement of nursery stock therefrom or the introd…

Ala. Code § 2-25-5 Exercise of Quarantine Powers of Board by Commissioner

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All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner, acting independently of the board, during the intervening time between the meetings of the board; provided, that when the same…

Ala. Code § 2-25-6 Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees

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(a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he or she shall apply for and obtain from the commissioner an inspection certificate indicating compliance with the provisions of this arti…

Ala. Code § 2-25-8 When Commissioner May Refuse, Recall or Revoke Inspection Certificates

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The commissioner shall have the power to refuse to issue an inspection certificate or to recall or to revoke any certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said certificate may tend to introduce into the state or …

Ala. Code § 2-25-9 Affixation of Official Tags to Boxes, Packages, Etc., in Which Nursery Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, Etc., Shipped into State Without Official Tags

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Each box, bundle or package of nursery stock moved into or within the State of Alabama shall have a valid official tag bearing a copy of the certificate of inspection and seal of the Department of Agriculture and Industries conspicuously attached. Official tags will be furnished …

Ala. Code § 2-25-40 Delivery of Fruit Trees of Different Kind, Variety, Etc., Than Sold

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It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing s…

Ala. Code § 2-25-41 Limitation Period for Prosecutions Under Section 2-25-40

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Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in Section 2-25-40. (Ag. Code 1927, §318; Code 1940, T. 2, §483.)

Ala. Code § 2-25-42 Sale, Etc., of Falsely Named Seeds, Trees, Plants, Etc

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All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and kind, and any person selling, trading or exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to varie…

Ala. Code § 2-26-1 Definitions

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When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual, partnership, corporation, company, society, association or agency. (2) AGRICULTURAL SEED. The seeds of grasse…

Ala. Code § 2-26-10 Maintenance, Inspection, Etc., of Records as to Receipt, Sale and Delivery of Seeds Generally; Maintenance of Sales Records by Retail Sellers; Maintenance of Bills of Lading, Waybills, Etc., by Trucks, Etc., Transporting Seed for Sale, Etc.; Auditing of Records of Receipts, Sales and Deliveries of Seeds

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(a) Records of receipts, sale and delivery of all seed, other than retail sales and deliveries by a dealer, except as provided in subsection (b) of this section, shall be kept readily accessible for examination by an authorized agent of the Department of Agriculture and Industrie…

Ala. Code § 2-26-11 Prohibited Acts

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(a) It shall be unlawful for any person to sell, offer for sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed unless the test to determine the percentage of germination required by Section 2-26-7 shall have been completed within a nine-m…

Ala. Code § 2-26-12 Suspension from Sale, Seizure and Condemnation of Articles Not in Compliance with Provisions of Article

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Any lot of agricultural, vegetable, herb, tree, shrub or flower seed not in compliance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation. The issuance of a “suspension from sale or use” or “stop-sale” order and seizure and cond…

Ala. Code § 2-26-13 Violation of Provisions of Article or Rules or Regulations Promulgated Hereunder Deemed Misdemeanor

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Any person who shall perform any of the acts which are declared to be unlawful by this article or who fails to perform any duty or requirements imposed by the provisions of this article or who violates any rule or regulation duly promulgated hereunder or who shall sell, offer for…

Ala. Code § 2-26-14 Exemptions from Article

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The provisions of this article do not apply to: (1) Seed when sold directly to and in the presence of the consumer and taken from the container properly labeled in accordance with the provisions of this article, but this provision shall in no way exempt the vendor from the analys…

Ala. Code § 2-26-15 Seed Inspection Fees; Reporting

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(a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record …