Title 20 — Title 20

This chapter may be cited as the “Alabama Safe Foods Act of 2000.” The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this chapter. The administrative and enforcement provis…

This article shall be known as the Oleomargarine Fortification Act. History: (Acts 1943, No. 501, p. 475, §1.)

It shall be unlawful for any manufacturer, processor, or dealer in oleomargarine in the State of Alabama to sell or offer for sale any such product within this state which does not contain at least 9,000 United States pharmacopoeia units of vitamin A per pound, except that sold f…

by State Board of Agriculture and Industries. The State Board of Agriculture and Industries is empowered with the authority and is directed to change or add to the specifications for ingredients and the amounts thereof required to conform to any changes in 21 Code of Federal Regu…

All oleomargarine sold in the State of Alabama must be labeled in accordance with the regulations of the Federal Food and Drug Administration of the Department of Health, Education and Welfare governing the labeling of oleomargarine with added vitamins sold in interstate trade. H…

For the purpose of this article, the following words and phrases shall have the meanings indicated, unless the context clearly indicates a different meaning: (1) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama. (2) PERSON. Any individual, part…

The purpose of this article is to authorize and regulate the manufacture and sale of the frozen food product designated as “Mellorine,” any other provisions of law or rules and regulations promulgated thereunder to the contrary notwithstanding. History: (Acts 1953, No. 91, p. 134…

(a) “Mellorine” means a frozen food product consisting primarily of a sweetened combination of edible vegetable or animal fats, milk solids not fat and other ingredients and all ingredients of which shall be of the quality and in the quantity required under the standards establis…

of Mellorine; Application and Fee Therefor. No person shall operate a plant producing, manufacturing, processing, freezing, or packaging mellorine without a permit from the commissioner to engage in such business. Permits issued under this section shall be valid after issuance un…

Mellorine shall be sold only in factory filled packages of pints, quarts, or half gallon capacity (liquid measure) and shall not be sold or served in novelties, cake cones, dishes, milk shakes, milk drinks, malt drinks, sodas, sundaes, or other similar items customarily served at…

Deemed Misbranded. (a) The container shall be labeled “Mellorine - A Vegetable Oil Product.” When mellorine is made with animal fat it shall be labeled “Mellorine - Containing Animal Fat.” When mellorine is made with vegetable oil and animal fat it shall be labeled “Mellorine - C…

The false and misleading advertising of mellorine is prohibited. An advertisement of mellorine shall be deemed to be false and misleading if in such advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any c…

or Offer for Sale of Adulterated or Misbranded Mellorine. Any food product containing any food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which purports…

For the purposes of this article, the following words shall have the following meanings unless the context clearly indicates otherwise. (1) MILK, MILK PRODUCTS, AND FROZEN DESSERT PROCESSING PLANT. A plant or facility, place, premises, or establishment where milk, milk products, …

Processing Plant. Every person who produces milk, milk products, or frozen desserts for sale or consignment or for remuneration of any nature, in a milk, milk products, or frozen dessert processing plant shall annually obtain a permit from the State Board of Health prior to selli…

The State Board of Health shall receive and review each completed application for a permit and shall annually or more often, if required, inspect each plant whether in- state or out-of-state. The board shall issue a permit for each plant requested if the application is complete, …

Appeals. The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit issued for flagrant, serious, or continued violations of rules or public health laws. Administrative appeals shall be made in a timely manner to the State Board of Health in a…

(a) A person who produces milk, milk products, or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service container or closure without first obtaini…

All fees, fines, penalties, or funds of whatsoever nature collected by the State Board of Health under this article are continuously appropriated to the State Board of Health for the enforcement of this article. History: (Acts 1993, No. 93-718, p. 1403, §6.)

The State Board of Health shall adopt rules and orders as are necessary for implementing the provisions of this article. Where possible, the rules shall be in conformity with rules, regulations, ordinances, or standards of agencies of the government of the United States. All rule…

Forms Required. No drug product in finished solid oral dosage form for which a prescription is required by federal law may be manufactured or commercially distributed within this state unless it has clearly and prominently marked or imprinted on it an individual symbol, number, c…

Manufacturers or distributors shall make available on request to the State Board of Health descriptive material which will identify each current imprint used by the manufacturer or distributor. History: (Acts 1981, No. 81-389, p. 595, §2.)

The Department of Health shall promulgate rules for implementing the provisions of this article. History: (Acts 1981, No. 81-389, p. 595, §3.)

The State Board of Health may exempt drug products from the requirements of Section 20-1-150 on the grounds that imprinting is not feasible because of size, texture, or other unique characteristics. History: (Acts 1981, No. 81-389, p. 595, §4.)

The provisions of this article shall not apply to drug products compounded by a pharmacist licensed under Alabama law, in a pharmacy operating under a permit issued by the Alabama Board of Pharmacy. History: (Acts 1981, No. 81-389, p. 595, §5.)

For the purposes of this article, the term “cultivated food product” means any food product produced from cultured animal cells. History: (Act 2024-252, §1(a).)

Prohibited. (a) It shall be unlawful for any person to manufacture, sell, hold or offer for sale, or distribute any cultivated food product in this state. (b) A violation of this section is a Class C misdemeanor. History: (Act 2024-252, §1(b).)

(a) A food sales establishment, as defined in Section 20-1-20, that sells or distributes cultivated food products in violation of Section 20-1-161 shall be subject to disciplinary action pursuant to Section 20-1-34. (b) The food safety permit of a food sales establishment may be …

(a) A food establishment, as defined by rule of the Alabama Department of Public Health, that sells or distributes cultivated food products in violation of Section 20-1- 161 shall be subject to all enforcement measures as provided by rule of the Department of Public Health. (b) T…

The Department of Agriculture and Industries and the Alabama Department of Public Health may adopt rules as necessary to implement this article. History: (Act 2024-252, §1(e).)

Nothing in this article shall be construed as preventing any federal, state, or local governmental entity or institution of higher education, or a person that is partnered with a governmental entity or institution of higher education as evidenced by a formal agreement, from condu…

The State Board of Agriculture and Industries is authorized to adopt and promulgate such rules and regulations as are reasonable and necessary to the accomplishment of the purposes of this chapter and to make effective its provisions. History: (Ag. Code 1927, §36; Code 1940, T. 2…

When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to th…

(a) The purpose of this division is to prevent the manufacture, possession, sale, or delivery of out-of-date Class A foods and adulterated or misbranded food and drugs. (b) The State Board of Agriculture and Industries shall have the power and authority and it shall be its duty t…

An article shall be deemed adulterated in the case of food: (1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength; (2) If any substance has been substituted wholly or in part for the article; (3) If any valua…

In the case of confectionery, it shall be deemed adulterated if it contains terra alba, barytes, talc, chrome yellow, burnt umber, or other mineral substance or poisonous coloring or flavoring or other ingredients detrimental to health or any vinous, malt, or spirituous liquor or…

An article shall be deemed adulterated in the case of drugs: (1) If, when a drug is sold under or by a name recognized in the United States pharmacopoeia or national formulary, if differs from the standard of strength, quality, or purity, as determined by the test laid down in th…

An article of food shall be deemed misbranded in the following cases: (1) If it is offered for sale under the name of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so or if the contents of …

A drug shall be deemed misbranded in the following cases: (1) If it is an imitation of or offered for sale under the name of another article; (2) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been p…

No person shall engage in any of the following activities within this state: (1) Manufacture for sale herein, have in his or her possession with intent to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is adulterated or misbranded within the m…

Preparation, Etc., or Sweetened with Artificial Sweeteners; Labeling and Display for Sale of Artificially Sweetened Soft Drinks, Etc., Manufactured for Special Dietary Use by Certain Persons. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1907, §7082; Acts 1915,…

Repealed by Act 2015-70 effective April 21, 2015. History: (Ag. Code 1927, §313; Code 1940, T. 2, §315.)

Investigate Records, Etc. The Commissioner of Agriculture and Industries and officers and employees under his supervision or direction shall have authority to enter and inspect any premises or vehicle where any food, drug, or cosmetic regulated by this chapter is manufactured, ha…

Repealed by Act 2015-70 effective April 21, 2015. History: (Acts 1963, No. 534, p. 1146.)

Chapter. (a) The having in possession by any person, firm, or corporation who manufactures or exposes for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within the meaning of this division shall be prima facie evidence of having in possession with …

No dealer shall be prosecuted under the provisions of this division when the dealer can establish a bona fide guarantee signed by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or she purchased such articles that they are not adulterated or …

(a) No person shall operate a food sales establishment within this state which sells baby food, infant formula, or potentially hazardous food without a food safety permit except those persons who operate any of the following establishments: (1) A meat processing establishment whi…

(a) Notwithstanding the existence of any criminal penalty imposed for violations of this chapter and the rules and regulations promulgated hereunder, the department may, after a hearing thereon, impose a civil penalty for violation of this chapter or any rules or regulations prom…

There is hereby created the Food Safety Advisory Committee to provide recommendations to the State Board of Agriculture and Industries concerning the promulgation of rules and regulations related to the establishment and definition of class violations under Section 20-1-34, and o…

Nothing in Act 2000-320 shall prohibit the donation of any food by any food sales establishment, food manufacturer, or food distributor to an organization defined under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Nor shall the provisions of Act 2000-320 pr…