Title 2 — Title 2
0 chapters · 1,215 sections in this title.
Ala. Code § 2-1-1 Definitions
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When used in this title, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual, a partnership, a corporation or two or more individuals having a joint or common interest. (2) SELL…
Ala. Code § 2-1-10 Offense Under Federal Jurisdiction
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If it shall appear to the satisfaction of the Commissioner of Agriculture and Industries that the violation of any of the provisions of this title is properly a subject of interstate commerce or otherwise comes under the supervision and jurisdiction of the United States, then the…
Ala. Code § 2-1-11 Animal Identification Program
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(a) The Department of Agriculture and Industries may develop and implement an animal identification program that is consistent with the United States Department of Agriculture’s National Animal Identification System. (b) The department may request all persons subject to the ident…
Ala. Code § 2-1-12 Collection of Farming Information
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In the interest of public health, safety, and welfare, the Commissioner of the Department of Agriculture and Industries may collect information, from time to time, regarding the existence, operation, or business of livestock, milk and dairy products, eggs, cotton, poultry, commer…
Ala. Code § 2-1-13 Agricultural Tourist Attractions
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(a) For the purpose of this section, the following words have the following meanings: (1) AGRICULTURAL TOURIST ATTRACTIONS. Any agricultural based business providing any on-site attraction to tourists which meets criteria established by the Department of Agriculture and Industrie…
Ala. Code § 2-1-14 Counties Prohibited from Charging License or Other Fees for the Sale
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of Farm Products Produced by a Farmer. Notwithstanding any other provision of law, it shall be unlawful for a county to charge a farmer, a member of his or her immediate family, or his or her employees engaged in the production of farm products as defined in Section 2-6B-2, or fa…
Ala. Code § 2-1-2 Acts or Omissions of Officers or Agents
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When construing and enforcing 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 is authorized or directed to administer or enforce, the act, omission or failure of any office…
Ala. Code § 2-1-3 Prima Facie Evidence of Possession with Intent to Sell
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The having in possession of any article, substance, material or product, the sale of which is regulated 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 is authorized …
Ala. Code § 2-1-4 Failure to Apply Farm Produce to Payment of Lien for Rent or
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Advances. Any person who knowingly takes or receives any cotton or other farm produce upon which there is a lien for rent or advances or both, or the proceeds thereof, and who fails to apply the same to the payment of the rent or the discharge of the lien, whether the same is in …
Ala. Code § 2-1-5 Cooperation of All Agricultural Agencies Required; Meetings Authorized;
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Duty to Attend Meeting and Furnish Information. (a) It shall be the duty of the Governor, the Board of Trustees of Auburn University, the director of the Alabama Agricultural Experiment Station System, the Commissioner of Agriculture and Industries and all other agencies of the s…
Ala. Code § 2-1-6 Refund of Any Funds Improperly or Illegally Collected
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In the event of improper or illegal collection of any license or permit fee, or any other sum made in an effort to enforce any of the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Indus…
Ala. Code § 2-1-7 Purchase, Etc., with Public Funds of Beef Not Raised and Produced
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Within United States. (a) It is specifically forbidden for any person knowingly to purchase or to authorize or requisition the purchase of beef other than beef raised and produced within the United States when such purchase is to be paid by the state government, any of its politi…
Ala. Code § 2-1-9 Penalty for Violation
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Any person violating any provision of this title, or the rules and regulations issued thereunder shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this title, shall be fined not more than $500.00, and may also be sentenced to hard labor for not m…
Ala. Code § 2-2-1 Chief Executive Officer of Department
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The constitutional officer known as the Commissioner of Agriculture and Industries shall be the chief executive officer and shall have management and control of the Department of Agriculture and Industries. He shall exercise all rights, privileges, powers and duties granted him u…
Ala. Code § 2-2-10 Assistant to Commissioner
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The Board of Agriculture and Industries may, in its discretion, designate one employee of the Department of Agriculture and Industries as an assistant to the commissioner. History: (Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.)
Ala. Code § 2-2-11 Organization of Department; Unclassified Service
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The commissioner shall, with the advice and approval of the State Board of Agriculture and Industries, organize the Department of Agriculture and Industries into such divisions as deemed necessary to properly segregate and conduct the work of the department. The commissioner may …
Ala. Code § 2-2-110 Legislative Findings
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Repealed by Act 2015-70 effective April 21, 2015. History: (Act 2012-527, p. 1564, §1.)
Ala. Code § 2-2-111 Program Created; Goals; Implementation and Administration
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Repealed by Act 2015-70 effective April 21, 2015. History: (Act 2012-527, p. 1564, §2.)
Ala. Code § 2-2-112 Advisory Commission on Public Interest Energy and Fuel Research and
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Development Grant. Repealed by Act 2015-70 effective April 21, 2015. History: (Act 2012-527, p. 1564, §3.)
Ala. Code § 2-2-113 Evaluation of Grant Proposals; Report to Legislature
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Repealed by Act 2015-70 effective April 21, 2015. History: (Act 2012-527, p. 1564, §4.)
Ala. Code § 2-2-114 Public Interest Energy and Fuel Research and Development Grants
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Fund. Repealed by Act 2015-70 effective April 21, 2015. History: (Act 2012-527, p. 1564, §5.)
Ala. Code § 2-2-12 Legal Counsel for Department
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The Commissioner of Agriculture and Industries, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture and Industries. He shall be commissioned as …
Ala. Code § 2-2-13 Appointment of Assistants and Employees; Employees’ Bonds
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The commissioner shall, with the approval of the State Board of Agriculture and Industries and as otherwise provided by law, appoint such chiefs, assistants, deputies, agents, experts and other employees as are necessary for the successful administration of the affairs of the dep…
Ala. Code § 2-2-14 Livestock Theft Investigator
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The Commissioner of Agriculture and Industries, with the approval of the Governor, is hereby authorized to designate as “livestock theft investigator” any employee or employees of the Department of Agriculture and Industries performing duties relating to the enforcement of the li…
Ala. Code § 2-2-14.1 Appearance Upon Arrest for Misdemeanor Livestock Violations
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(a) Whenever any person is arrested by livestock theft investigators of the Alabama Department of Agriculture and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease control laws and regulations, or any other laws and regulations governing…
Ala. Code § 2-2-14.2 Forfeiture of Conveyances and Vehicles Used to Perpetrate Livestock
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Theft. (a) All conveyances and vehicles of transportation including trailers and semitrailers, equine or equidae, or any other equipment, together with all harness or other accessories, which have been used, or are used in the commission of theft of livestock, as defined in Secti…
Ala. Code § 2-2-15 Accountant in Charge of Clerical Work and Records; Qualifications of
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Division Heads. There shall be employed in the Department of Agriculture and Industries an expert accountant who shall have charge of all clerical work and records of said department; a graduate of an accredited agricultural college in horticulture who has had professional traini…
Ala. Code § 2-2-16 Commissioner to Enforce Laws; Promulgation of Rules and
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Regulations; Notice. The Commissioner of the Department of Agriculture and Industries is charged with the execution and enforcement of the laws and provisions contained in this title and any other provision of this Code or other statute which the Commissioner, Department or Board…
Ala. Code § 2-2-17 Evidence of Rules, Regulations and Notices; Copies Furnished to
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Probate Judges. The rules, regulations or notices purporting to be published by authority of the State Board of Agriculture and Industries in book or pamphlet form and typed or printed copies of all acts, rules, regulations or notices certified to by the commissioner or the board…
Ala. Code § 2-2-18 Civil Penalties or Fines for Violations of Chapters 27 and 28; Maximum
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Amount; Notice; Failure to Pay Assessed Fine or Penalty. (a) Notwithstanding the existence of any other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971 as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the pro…
Ala. Code § 2-2-19 Regulation of Micro Markets and Vending Machines
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(a) For purposes of this section, the following terms shall have the following meanings: (1) MICRO MARKET. An unstaffed, self-checkout retail food service facility that does all of the following: a. Includes one or more micro market displays. b. Has an automated payment kiosk or …
Ala. Code § 2-2-2 Qualifications of Commissioner
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The commissioner shall be a person of good moral character of recognized executive ability and trained in the practice and science of agriculture. History: (Ag. Code 1927, §8; Code 1940, T. 2, §15.)
Ala. Code § 2-2-3 Bond
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Before entering upon the duties of his office, the Commissioner of Agriculture and Industries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Board of Agriculture and Industries, for the faithful performance of his dut…
Ala. Code § 2-2-30 Suspension of Sale of Article
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If at any time the commissioner or his duly authorized agent shall have reason to believe that any product or article, the possession or sale of which is regulated by the provisions of this title or the possession or sale of which is regulated by any other statute which the commi…
Ala. Code § 2-2-31 Seizure and Condemnation of Adulterated, Misbranded or Substandard
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Article. Any article, substance, material or product which is subject to the provisions of this article which is adulterated, misbranded or under the standard, grade, weight or measure claimed, within the meaning of any provision of law or rules and regulations under authority of…
Ala. Code § 2-2-32 Procedure When Analysis Shows Article or Product in Violation of Title
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Upon the examination of specimens or samples of any article, substance, material or product the sale of which is subject to the provisions of this article, made by any chemist, analyst, inspector or assistant under the direction and supervision of the Commissioner of Agriculture …
Ala. Code § 2-2-33 Duty to Perform Tests or Analyses; Delegation; Use of Results
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(a) Whenever it shall be necessary to have any tests or analyses made in order to properly execute any law or rule and regulation under authority of law, the execution or administration of which is a duty imposed on the commissioner or the State Board of Agriculture and Industrie…
Ala. Code § 2-2-34 Where Analyses to Be Made
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All chemical analyses shall be made in a laboratory at such place or places as the commissioner with the approval of the State Board of Agriculture and Industries determines will best serve to increase the efficiency of the work of the department. History: (Ag. Code 1927, §222; C…
Ala. Code § 2-2-35 Certificate of Analysis Admissible as Evidence
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A certificate of analysis or examination by the chemist who is the supervisor or director of the laboratory of the Department of Agriculture and Industries or other laboratory utilized by the commissioner as provided in Section 2-2-33 in which the analysis or examination is made,…
Ala. Code § 2-2-36 Establishment and Operation of Laboratory
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The commissioner, with the approval of the State Board of Agriculture and Industries, shall have authority to incur such expenses and use such funds as necessary for the establishment, operation and maintenance of a laboratory or laboratories in which adequate and proper tests or…
Ala. Code § 2-2-37 Commissioner Authorized to Inspect and Secure Samples
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The commissioner is authorized, in person or by deputy or by his agents, to have free access at all reasonable hours to all premises, places of business, buildings, transportation facilities or packages or containers of whatever kind used in the manufacture, transportation, impor…
Ala. Code § 2-2-4 Term of Office; Vacancy
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The commissioner shall hold office for a term of four years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified. The vacancies in said office shall be filled by the Governor for the unexpired term and …
Ala. Code § 2-2-5 Salary of Commissioner
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(a) The Commissioner of Agriculture and Industries shall be paid such salary as shall be fixed by law. The salary shall be payable from the Agricultural Fund of the State Treasury, and shall be payable to the officer in installments in the same manner as the salaries of other sta…
Ala. Code § 2-2-50 Agricultural Statistics
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The commissioner shall gather, compile and publish statistics relating to crop acreage, prospects and production; livestock and livestock products; prices of farm commodities; the marketing of farm products; wages of farm labor; the use and results of commercial and other forms o…
Ala. Code § 2-2-51 Designation of Federal Statistician
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The commissioner, with the approval of the State Board of Agriculture and Industries, may designate the statistician assigned to Alabama by the United States Department of Agriculture upon such terms as may be agreed upon with the United States Department of Agriculture. History:…
Ala. Code § 2-2-52 Funds to Pay Expenses of Compiling Statistics
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To defray the expenses of gathering, compiling and publishing statistics, funds available to the Department of Agriculture and Industries by legislative appropriation or otherwise may be expended for this purpose pursuant to budget and allotment as now provided by law. History: (…
Ala. Code § 2-2-53 Use of Information Gathered Under Article
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No information gathered or received from any individual under this article shall be used for tax purposes and shall not be disclosed except in aggregate amounts for entire counties. History: (Ag. Code 1927, §35; Code 1940, T. 2, §493.)
Ala. Code § 2-2-6 Inspection of Books; Examination of Witnesses; Divulging Information
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The commissioner or his duly appointed agents shall have authority to inspect books and records, to hear complaints, to administer oaths, to certify to all official acts and to examine under oath in any part of the state witnesses in any matter pertaining to their duties and caus…
Ala. Code § 2-2-7 Annual Report; Publication of Handbooks, Pamphlets, Etc
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The commissioner, with the approval of the State Board of Agriculture and Industries, shall submit each year on or before December 1 or as early thereafter as practicable to the Governor an annual report covering all operations of the Department of Agriculture and Industries and …
Ala. Code § 2-2-70 Legislative Findings
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The Legislature has found and does hereby declare that bonds that are required by persons obtaining licenses and permits that are issued by the Commissioner of Agriculture and Industries or the Department or the Board of Agriculture and Industries are hard to obtain and unduly ex…