reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-16 - Penalty for Violation of Article; Injunctions.

Section 2-27-16
Penalty for violation of article; injunctions.
(a) Any person who shall violate any of the provisions of this article declared to be unlawful or who shall fail or refuse to perform any duty or requirement imposed by the provisions of this article, or who shall violate any rule or regulation duly promulgated under this article or who shall sell or offer for sale or distribute for sale any pesticide or device in violation of any of the requirements of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines imposed under this article shall be paid into the Agricultural Fund of the State Treasury.
(b) In addition to the penalty and other enforcement remedies of this article and notwithstanding the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining order or preliminary or permanent injunction, or both, restraining and enjoining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under authority of this article. Said injunction shall be issued without bond. Any action commenced under this subsection based upon facts furnished by the commissioner or others having knowledge thereof shall be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval who shall be assisted by the district attorney or deputy district attorney for the county in which injunctive proceedings are filed.
(Acts 1951, No. 908, p. 1548, §7; Acts 1971, No. 1949, p. 3151, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-30 - Establishment and Operation; Policy Committee and Executive Committee Therefor.

Section 2-27-30
Establishment and operation; policy committee and executive committee therefor.
The commissioner and state Department of Agriculture and Industries shall have authority to provide for the establishment and operation of a laboratory to obtain reliable analysis of raw and processed agricultural products, the materials used in production of agricultural products for harmful pesticide residues for the protection of public health and interest, to aid in developing and expanding markets for agricultural products, the protection and production of fish and wildlife, and the use of recreational areas as related to pesticide residues. In connection therewith, there shall be established a policy committee to be composed of the following:
(1) The Director, Alabama Cooperative Extension Service, who shall be chairman of the committee;
(2) The Commissioner of the Department of Agriculture and Industries;
(3) The Director, Alabama Experiment Station System;
(4) The State Health Officer;
(5) The Commissioner of the Department of Conservation and Natural Resources;
(6) The president, or a representative named by him, of the following organizations or associations:
a. Alabama Farmers Federation;
b. Alabama Dairy Products Association;
c. Alabama Feed Dealers Association;
d. Alabama Poultry Industry Association;
e. Alabama Fisheries Association;
f. Alabama Cattlemen's Association;
g. Alabama Pesticide Institute; and
h. A representative of the Alabama Farmers Federation Dairy Committee and one person engaged in the production and/or marketing of fruits and vegetables, to be appointed by the Commissioner of Agriculture and Industries.
The advisory committee may select from among their number an executive committee, who shall have and exercise such authority as the advisory committee may determine. The members of the advisory committee and executive committee shall not be entitled to any remuneration whatever for the performance of their functions. Members of such committee may be represented at meetings by their proxies.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §1; Acts 1966, Ex. Sess., No. 399, p. 538, §1; Acts 1992, No. 92-108, p. 178, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-31 - Location.

Section 2-27-31
Location.
Any laboratory established under the provisions of this article shall be located on property owned by Auburn University, which shall be leased to the Department of Agriculture and Industries by the trustees of the university.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-32 - Director.

Section 2-27-32
Director.
The laboratory established under the provisions of this article shall be under the supervision and charge of a director appointed by the Commissioner of Agriculture and Industries, with the advice and consent of the policy committee, subject to the provisions of the state Merit System law, and his salary shall be fixed by the State Personnel Board, upon recommendation of the Commissioner of Agriculture and Industries, with the approval of the policy committee.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §5; Acts 1966, Ex. Sess., No. 399, p. 538, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-33 - Additional Powers and Authority.

Section 2-27-33
Additional powers and authority.
(a) In addition to the powers and authority heretofore authorized by law pursuant to Sections 2-27-30, 2-27-31 and 2-27-32, the pesticide residue laboratory heretofore established and now operated by the Department of Agriculture and Industries at Auburn University shall also be authorized to obtain reliable analysis of raw and processed agricultural products and other food products, fish, game, and other wildlife to detect the presence of any harmful drug residues for the protection of public health, to aid in developing and expanding markets for agricultural products, and for the protection and production of fish and wildlife and related purposes, which activities shall be in addition to the duties as now authorized by law for the operation of such laboratory.
(b) In addition to the testing and analysis authorized in subsection (a), testing and analysis may be performed as authorized in Section 2-2-33.
(Acts 1979, No. 79-702, p. 1250; Act 2015-262, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-50 - Definitions.

Section 2-27-50
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section.
(1) PESTICIDE.
a. Any substance or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect, rodent, nematode, predatory animal, snail, slug, fungus, bacteria, weed or any other form of plant or animal life or virus, except virus on or in living man or other animal, that may infest, infect or be detrimental to vegetation, man, animal, structure or household or be present in any environment or which the commissioner may declare to be a pest;
b. Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant;
c. Any spray adjuvant such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier or similar agent, with or without toxic properties of its own, intended to be used with any other pesticide as an aid to the application or effect thereof, whether or not sold separately from that of the pesticide with which it is to be used; and
d. Any other similar substance designated by the commissioner which is used or intended to be used for any of the above purposes.
(2) WEED. Any plant which grows where not wanted.
(3) PERSON. Any individual, firm, partnership, corporation, association or other legal entity or organization.
(4) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(5) BOARD. The State Board of Agriculture and Industries of the State of Alabama.
(6) CUSTOM APPLICATION OF PESTICIDES. Any application of pesticides to growing agricultural, horticultural or floricultural crops, rights-of-way or woodlands by aircraft or ground equipment for remuneration.
(7) AIRCRAFT. Any mechanism used in flight in the air that is designed for use, adaptable for use or that is used in applying pesticides as sprays, dusts, aerosols, fogs or in other forms.
(8) GROUND EQUIPMENT. Any machine, equipment or device other than aircraft that is designed for use, adaptable for use or that is used on land or water in applying pesticides as sprays, dusts, aerosols, fogs or in other forms.
(Acts 1971, No. 1957, p. 3177, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-51 - Purpose of Article.

Section 2-27-51
Purpose of article.
The purpose of this article is to regulate, in the public interest, the application of pesticides. In recent years many new materials have been discovered or synthesized which are valuable and necessary for the control of insects, plant diseases and weeds; however, such materials when misused may seriously injure health, property, crops, wildlife, bees and fish. Pesticides may also injure man or animals, either by direct poisoning or by gradual accumulation of poisons in the tissues. The drifting or washing of pesticides into streams or lakes can cause appreciable damage to aquatic life. A pesticide applied by aircraft or ground equipment for the purpose of controlling diseases, insects or weeds in a crop which is not itself injured by the pesticide may drift, sometimes for miles, and injure or contaminate other crops and other things with which it comes in contact. Therefore, it is deemed necessary and in the public interest to provide some means of regulating the application of pesticides.
(Acts 1971, No. 1957, p. 3177, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-52 - Exceptions to Applicability of Article.

Section 2-27-52
Exceptions to applicability of article.
This article shall not apply to the application of pesticides to lawns, trees or shrubs immediately adjacent to a dwelling or building nor to the use of pesticides or other chemicals for the control, eradication or prevention of termites or household pests. In no event shall this article be construed so as to apply to persons engaged in farming activities who use their own aircraft or ground equipment for the application of pesticides, unless such persons use this equipment for hire to service property not owned or leased by them, nor shall this article apply to municipalities, counties or the state or federal agencies, or subdivisions thereof, where such governmental agencies engage in the custom application of pesticides through employees of such agencies; provided, that nothing in this section shall be construed to exempt any person from the requirements of this article where such person performs custom application of pesticides by contract for any governmental agency. Any person issued a license pursuant to the requirements of this article shall not be required to procure a permit required by Chapter 28 of this title unless such person engages in work regulated, controlled and governed by the provisions and requirements thereof; but none of the provisions of this section shall be construed to exempt any person from being required to procure a license under requirements of this article and also a permit under requirements of Chapter 28 of this title where such persons engage in work regulated and governed by both of said statutes.
(Acts 1971, No. 1957, p. 3177, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-54 - License - Suspension, Revocation or Modification; Appeals From Actions of Commissioner.

Section 2-27-54
License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after opportunity for a hearing, may revoke or modify the provision of any license issued under this section if he finds that the licensee is no longer qualified, has engaged in fraudulent business practices in the custom application of pesticides or has made any custom application of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses to comply with any of the provisions and requirements of this article, or regulations promulgated thereunder.
(b) Any person aggrieved by any action of the commissioner in refusing to issue a license or in revoking any license may obtain a review thereof by filing an appeal to the board within 15 days after notice of denial or revocation of the license has been received by the applicant or licensee, which appeal must be heard by the board at its next regular meeting or at a special called meeting for this purpose; provided, that such appeal must be heard by the board not later than 30 days following the date on which an appeal is filed. The filing of an appeal shall not suspend the action of the commissioner in the revocation or denial of any license. The action of the board in denying or revoking any license may be reviewed by the Circuit Court of Montgomery County, Alabama, upon a complaint being filed in said court, accompanied by a bond for payment of all court costs, which bond must be approved by the register or clerk, and such appeal must be filed within 20 days after notice to the applicant or licensee of the board's decision. The commissioner shall have 20 days in which to enter his appearance after the petition is served upon him. The court shall have jurisdiction to affirm, set aside or modify the action of the commissioner and the board, and such proceedings in the circuit court shall determine by trial de novo whether the applicant is entitled to the license under the requirements of this article.
(Acts 1971, No. 1957, p. 3177, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-55 - License - Nonresidents.

Section 2-27-55
License - Nonresidents.
Any person who performs the custom application of pesticides who is a nonresident of this state shall be required to obtain a license as required under Section 2-27-53 and comply with all of the other requirements of this article. Nothing herein shall prevent the commissioner, with approval of the board, from providing for issuing reciprocal licenses to residents of other states that recognize and accept licenses issued under this article to residents of this state who perform custom application of pesticides.
(Acts 1971, No. 1957, p. 3177, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-56 - Surety Bond or Liability Insurance.

Section 2-27-56
Surety bond or liability insurance.
Each applicant for a license to perform the custom application of pesticides shall, before a license is issued to him, furnish and file with the commissioner a surety bond in which the State of Alabama is named as obligee in the sum of $3,000.00 for each applicant operating ground equipment or not more than two aircraft. Where an applicant operates more than two aircraft, the amount of the bond required to be furnished shall be increased by the sum of $3,000.00 for each additional aircraft, provided the total amount of any bond required under this section shall not exceed the sum of $12,000.00. The bond shall be conditioned for the protection of, and that the licensee will answer in damages to, persons who may suffer legal damages as a result of licensee's custom application of pesticides or drift to plants, animals or property or by failure of licensee to comply with any of the requirements of this article, and rules and regulations duly adopted under authority thereof. Any person having a right of action against the principal named in such bond for damages caused by his application of pesticides may maintain an action against the principal and surety in such bond in the county where the work was performed; provided, that the aggregate liability of the surety to all such persons shall, in no event, exceed the amount of such bond. The filing of such bond shall not serve as a limitation of any liability for which he may be subject. Such bond as required in this section shall be written by a corporate surety company qualified to do business in Alabama. A liability insurance policy in an amount equal to not less than the amount of the bond insuring the licensee against legal liability proximately caused by his custom application of pesticides and written by an insurance company qualified and authorized to do business in the State of Alabama or by an eligible surplus line insurer or insurers, acceptable to the Commissioner of Insurance, may be filed with the commissioner in lieu of the surety bond as required in this section. The total and aggregate of the insurer for all claims shall be limited to the face amount of the liability insurance policy. A reasonable deductible clause may be included therein in an amount acceptable to the commissioner. The liability insurance policy need not apply to damages or injury to agricultural crops, plants or land being worked upon by licensee.
(Acts 1971, No. 1957, p. 3177, §5; Acts 1971, 3rd Ex. Sess., No. 79, p. 4288.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-57 - Rules and Regulations - Generally.

Section 2-27-57
Rules and regulations - Generally.
The commissioner, with the approval of the board, is hereby authorized to promulgate such rules and regulations as are reasonable and necessary to carry out the evident intent and purpose of the provisions and requirements of this article; provided, that any such regulations shall not be inconsistent with regulations by the state or federal government respecting safety in air navigation or operation of aircraft. The commissioner shall consult with other officials before issuing regulations directly related to any matter within the jurisdiction of any other official of this state. Before any rules or regulations are promulgated or any existing rules and regulations are amended, as provided in this section, the commissioner shall give at least 10 days' notice to persons engaged in custom application of pesticides by aircraft or ground equipment that such rules and regulations are to be considered for adoption or for amendment by the board, in order that such persons may appear and be heard concerning the adoption or amending of any rules and regulations.
(Acts 1971, No. 1957, p. 3177, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-58 - Rules and Regulations - Type, Time and Method of Application of Pesticides.

Section 2-27-58
Rules and regulations - Type, time and method of application of pesticides.
The commissioner may, by rules and regulations, after public hearing, with approval of the board, prescribe the pesticides or methods to be used for application thereof and prohibit or limit the use of certain pesticides during certain seasons of the year and the methods of application to such an extent as may be necessary to provide protection to health, the environment and property. In issuing such regulations, consideration shall be given to pertinent research findings and recommendations of other agencies or institutions of this state or of the federal government. Each aircraft and ground equipment used in the custom application of pesticides shall have attached thereto a decal or other identifying mark issued by the commissioner.
(Acts 1971, No. 1957, p. 3177, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-59 - Rules and Regulations - Disposal and Handling of Pesticides.

Section 2-27-59
Rules and regulations - Disposal and handling of pesticides.
No person shall discard, dispose of or otherwise handle any pesticide or pesticide containers in such manner as to cause direct injury or damage to man, animals, wildlife or other property or to pollute any stream, water or waterway in any manner harmful or injurious to any wildlife or other things. The commissioner, with the approval of the board, is authorized to promulgate rules and regulations governing and controlling the discarding and handling of such pesticides and pesticide containers.
(Acts 1971, No. 1957, p. 3177, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-60 - Records and Reports.

Section 2-27-60
Records and reports.
The commissioner, with approval of the board, may, by rules and regulations, require any licensee to maintain such records and to furnish reports giving such information with respect to a particular application of pesticides and such other relevant information as may be deemed necessary for the administration and enforcement of this article.
(Acts 1971, No. 1957, p. 3177, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-61 - Inspections; Enforcement of Article.

Section 2-27-61
Inspections; enforcement of article.
(a) For the purpose of carrying out the provisions of this article, the commissioner or his inspectors and agents may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment used in custom application of pesticides as regulated by this article. Inspectors and authorized agents of the commissioners shall also be authorized and empowered to inspect, examine and review the books and records as may be required to be kept and maintained by a licensee under requirements of Section 2-27-60. Any person who shall refuse, hinder or obstruct any authorized agent of the commissioner by refusing to allow entrance or access to equipment or books and records of a licensee shall be guilty of a misdemeanor and punishable under Section 2-27-62.
(b) When it is determined that legal action is necessary for the enforcement or compliance with the requirements of this article, the commissioner shall refer the facts to the Attorney General for appropriate legal action pursuant to Section 2-27-62.
(Acts 1971, No. 1957, p. 3177, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-62 - Penalty for Violations of Article; Injunctions.

Section 2-27-62
Penalty for violations of article; injunctions.
(a) General penalty. Any person who shall violate the provisions or requirements of this article, or rules and regulations promulgated under this article, or who engages in the custom application of pesticides without having a license therefor or who shall fail or refuse to perform any duty or requirement imposed by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court, may also be imprisoned for a term not to exceed six months.
(b) Remedy by injunction. In addition to the penalty prescribed in subsection (a) of this section and notwithstanding the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary or permanent injunction, or all, restraining and enjoining any person from performing the custom application of pesticides, as same is defined in this article, without having a valid permit as required by said article or after such a permit has been revoked or violating, or continuing to violate, any of the requirements of this article, or any rule or regulation adopted under authority thereof. Complaints for injunctive relief as authorized under this subsection shall be filed in the circuit court of the county of residence of the person who performs work or services in violation of this article or in the county where such unauthorized work is performed. Any restraining order or injunction issued under this subsection shall be issued without a bond. Any action commenced under this subsection based upon facts furnished by the Commissioner of Agriculture and Industries or others having knowledge thereof may be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval, and such officer shall, upon his request, be assisted by the district attorney of the judicial circuit or deputy district attorney for the county in which injunctive proceedings are filed.
(Acts 1971, No. 1957, p. 3177, § 13; Act 2001-344, p. 446, § 1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-63 - Article Deemed Cumulative.

Section 2-27-63
Article deemed cumulative.
The provisions of this article are cumulative and shall not repeal any other laws or parts of laws unless such laws or parts of laws are in direct conflict with the provisions of this article, and, then such laws or parts of laws are repealed only to the extent that same conflict with the provisions of this article. The provisions of this article shall not be construed to repeal, amend or modify the provisions or requirements of Chapter 28 of this title, as it is hereby intended that the provisions of this article are cumulative and supplemental to the provisions and requirements of said provisions.
(Acts 1971, No. 1957, p. 3177, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-2 - Persons Engaged in Entomological, Pathological, Horticultural and Floricultural and Tree Surgery Work or Services to Be Examined by Commissioner.

Section 2-28-2
Persons engaged in entomological, pathological, horticultural and floricultural and tree surgery work or services to be examined by commissioner.
Persons engaging in professional work or services pertaining to entomological work, pathological work, horticultural and floricultural work, and tree surgery work as defined in Section 2-28-1 shall be examined by the commissioner.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §671; Acts 1992, No. 92-122, p. 207, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-3 - Promulgation of Rules and Regulations to Regulate Persons Engaged in Work or Services Governed by Chapter, Etc.

Section 2-28-3
Promulgation of rules and regulations to regulate persons engaged in work or services governed by chapter, etc.
The commissioner with the approval of the State Board of Agriculture and Industries may adopt and promulgate rules and regulations that are reasonable and necessary to carry out the intent and purpose of this chapter and to regulate persons engaged in professional services or work defined in this chapter to prevent fraudulent and unauthorized practices of those professional services or work.
In order to ensure that persons issued a permit or certified under this chapter are capable of performing a high quality of workmanship and continue to meet the requirements of a changing technology and assure a continued level of competence and ability, the commissioner with the approval of the State Board of Agriculture and Industries, is hereby authorized and empowered to make rules and regulations with respect to:
1. The qualifications and residency requirements of an applicant for certification and a permit to engage in any one or more phases of professional work or service.
2. The type, frequency, and passing score of any examination given an applicant for certification and a permit under this chapter.
3. The methods and materials to be used in performing any work authorized by issuance of a permit and certification under this chapter.
4. Records to be made and maintained by persons issued a permit and persons certified under this chapter necessary for the commissioner to determine whether such persons are performing a high quality of workmanship.
5. Methods and procedures necessary and reasonable to protect the interests, health, safety, and welfare of the public and persons engaging in professional work or services where such work or services involve the use of pesticides.
6. The amount, kind, and frequency of training required of any employee of persons issued a permit or certification where such professional work or services involves the application of pesticides.
7. Any other matter deemed necessary to be regulated.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §673; Acts 1953, No. 873, p. 1169, §1; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-5 - Minimum Qualifications for Applicants for Permits to Engage in Structural Pest Control Work; Applicants to Present Evidence as to Qualifications to Commissioner; Issuance of Permits.

Section 2-28-5
Minimum qualifications for applicants for permits to engage in structural pest control work; applicants to present evidence as to qualifications to commissioner; issuance of permits.
(a) Every applicant for examination for a permit to engage in structural pest control work, including those who will be designated as certified operators or branch supervisors as provided for in Section 2-28-8, shall have a knowledge of the practical and scientific facts underlying the practice of structural pest control work and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. Applicants for certified operators' or branch supervisors' permits, before being eligible to take an examination for structural pest control work, shall present satisfactory evidence to the commissioner relative to his or her qualifications.
(b) Before a permit is issued to any applicant, the applicant shall be certified by the commissioner as qualified to perform the type or branch of professional work or service for which a permit is desired. Any full-time employee of the applicant who has been certified by the commissioner as qualified to perform the type or branch of professional work or service in which the applicant will engage may be designated by the applicant as a certified operator or branch supervisor to be in charge of and responsible for the applicant's professional work or service, and the permit may be issued naming that employee as certified operator or branch supervisor.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-6.1 - Certification Permit, Continuing Education; Expiration and Renewal; Disposition of Fees.

Section 2-28-6.1
Certification permit, continuing education; expiration and renewal; disposition of fees.
Persons certified by the commissioner shall be issued a certification permit upon which are designated the various categories and/or subcategories of professional work or services such person is authorized to perform or supervise. Persons certified shall be required to maintain this certification through continuing education. The amount, kind, and frequency of continuing education required of a certified person shall be established pursuant to rules and regulations as authorized under this chapter. The fees for renewal of certification permit shall be established by the Board of Agriculture and Industries not to exceed fifty dollars ($50) per category and per subcategory of professional work or services that such persons are certified to perform or supervise. The board shall promulgate rules and regulations which shall establish expiration and renewal schedules for certification permits issued under this chapter. Certification permit fees collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(Acts 1993, No. 93-761, p. 1519, §10; Acts 1994, No. 94-305, p. 539, §1; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-7 - Denial or Revocation of Permits by Commissioner and Appeals Therefrom.

Section 2-28-7
Denial or revocation of permits by commissioner and appeals therefrom.
Upon determination by the commissioner that any person certified or having a permit issued under the provisions of this chapter or any person who has applied for such certification or a permit has violated or failed to comply with any of the provisions or requirements of this chapter or any rules and regulations promulgated thereunder, the commissioner shall be authorized to revoke such certification or permit, or both, or he shall refuse to issue a certification or a permit, or both, to an applicant therefor. The performance of unauthorized work not covered by a permit, making misrepresentations or any fraudulent practices, failure to perform a contract, failure to have in its employ, when required, a certified operator or branch supervisor or use or continued use of ineffective methods or materials shall also be valid grounds for revocation of a certification or a permit; provided, however, that no certification or permit shall be revoked unless the holder thereof shall be given at least 10 days' notice that such action is to be considered by the commissioner with an opportunity being given for a hearing before the commissioner.
Any applicant refused or denied a certification or permit, or both, or any person whose certification or permit, or both, are revoked shall be entitled to appeal such action of the commissioner to the State Board of Agriculture and Industries by filing with the commissioner within a period of 15 days a written notice or demand for review of the action of the commissioner in denying or revoking a certification or permit, or both. The State Board of Agriculture and Industries shall review the action of the commissioner and make a finding as to whether the certification or permit, or both, shall be issued or revoked. Any person denied or refused a certification or permit or any person whose certification or permit has been revoked by action of the commissioner shall have the right to appear before the board and be heard in support of his appeal. Any person whose certification or permit to perform work or services as regulated under this chapter has been revoked shall not be eligible to have such a certification or permit again issued to him for a period of not less than one year following the date on which such a certification or permit was revoked. Nothing contained in this chapter shall require the commissioner to issue a certification or permit to any person who has been convicted for a violation of this chapter.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1988, No. 88-139, p. 205, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-9 - Regulation of Performance of Subterranean Termite Eradication and Control Work Generally.

Section 2-28-9
Regulation of performance of subterranean termite eradication and control work generally.
Persons engaged in subterranean termite eradication and control work shall be required to file a monthly report with the commissioner containing such information relative to work performed as may be required by rules and regulations duly adopted as authorized under provisions of this chapter in order that it may be determined whether persons having been issued a permit are complying with the requirements of this chapter. Every person engaged in subterranean termite eradication and control work shall make an annual inspection of each job done during the term of the contract and shall report to the building owner in each instance as to whether or not there has been a reinfestation of subterranean termites. If a contract for termite eradication work provides for inspections of such work at intervals of less than one year, such inspections shall be made as required by the terms of the contract, and failure or refusal to make such required inspections or any retreatment or other related work as required by a contract shall constitute a valid and sufficient reason for revocation of the permit.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1993, No. 93-761, p. 1519, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-10.1 - Financial Responsibility.

Section 2-28-10.1
Financial responsibility.
(a) The commissioner with the approval of the State Board of Agriculture and Industries may promulgate rules and regulations which require any applicant for a permit to perform professional work or services to provide evidence of his ability to properly indemnify persons damaged in any manner by the use or application of pesticides. The amount and form of indemnification required shall be determined by rules and regulations promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(b) The commissioner with the approval of the State Board of Agriculture and Industries, may promulgate rules and regulations requiring an applicant for a permit to perform professional work or services to furnish and file with the commissioner a surety bond payable to the State of Alabama. The surety bond shall be conditioned that the principal therein named shall honestly and in a skillful and workmanlike manner conduct and practice his said business or profession. The amount of this surety bond shall be determined by rules and regulations adopted and promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(c) Any rules and regulations adopted pursuant to this section may provide for conditions, limitations, and requirements concerning financial responsibility required by this section as deemed necessary including, but not limited to, notice of reduction or cancellation of coverage and deductible provisions. Such rules and regulations may classify financial responsibility requirements according to the separate permit classifications and subclassifications. Failure or refusal to meet and maintain financial responsibility requirements as required by this section and rules and regulations shall constitute a valid and sufficient reason for revocation of any permit issued under this chapter.
Pending adoption of rules and regulations, the statutory requirements for bond and insurance shall remain in effect.
(Acts 1993, No. 93-761, p. 1519, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-11 - Penalties for Violations of Provisions of Chapter or Rules or Regulations Promulgated Hereunder; Injunctive Proceedings to Restrain Performance, etc., of Professional Work or Services Without Permit.

Section 2-28-11
Penalties for violations of provisions of chapter or rules or regulations promulgated hereunder; injunctive proceedings to restrain performance, etc., of professional work or services without permit.
(a) Penalties. Any person who engages in professional work or services as defined in this chapter or any person who solicits such work through advertising or in any other manner without having a permit as required by said chapter or any person who violates any of the provisions or requirements of this chapter or any rules and regulations adopted and promulgated as authorized under said chapter by failure to comply with any of the requirements or rules and regulations of said chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court, may also be imprisoned for a period not to exceed six months. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) Injunctive relief. In addition to the penalty provided hereunder, the circuit court or any judge thereof shall have jurisdiction, for cause shown to grant a temporary restraining order or a permanent injunction or both restraining and enjoining any person from performing any professional work or services as defined in this chapter or from soliciting such work without having a valid permit as required by said chapter or after such a permit has been revoked. Petitions for injunctive relief as authorized under this subsection shall be filed in the circuit court of the county of residence of the person who performs work or services in violation of this chapter or in the county where such unauthorized work is performed. Any temporary restraining order or permanent injunction issued under this subsection shall be issued without a bond. Any action commenced under this subsection based upon facts furnished by the Commissioner of Agriculture and Industries or others having knowledge thereof may be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval and such officer shall upon his request be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §676; Acts 1943, No. 499, p. 468, §3; Acts 1953, No. 873, p. 1169, §4; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §2; Acts 1969, No. 796, p. 1429, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-12 - Applicability of Chapter.

Section 2-28-12
Applicability of chapter.
The provisions of this chapter shall apply only to persons who solicit work and to persons engaging in a business or profession regulated under the provisions of this chapter, but in no event shall it be construed so as to apply to any person employed by the owners or others in possession of property to work under their supervision as an employee in grafting, spraying, dusting cotton or other similar work.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §677; Acts 1969, No. 796, p. 1429, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-1 - Definitions.

Section 2-29-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION MERCHANT. Every person who shall receive, sell or offer for sale on commission within this state any kind of farm products.
(2) FARM PRODUCTS. Except as otherwise provided, such term shall include all agricultural, horticultural, vegetable and fruit products of the soil, meats, marine food products, poultry, eggs, dairy products, wool, hides, feathers, nuts and honey, but shall not apply to seeds sold at retail, nor include timber products, tea, coffee or pelts of fur-bearing animals.
(Ag. Code 1927, §§278, 279; Code 1940, T. 2, §§472, 473.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-2 - Commission Merchant's Permit Required; Application for Permit; Issuance of Permit; Duration; Permit Fee.

Section 2-29-2
Commission merchant's permit required; application for permit; issuance of permit; duration; permit fee.
No person shall within this state engage in the commission business as a commission merchant without a permit therefor. Every commission merchant shall annually, on or before October 1, file an application with the commissioner for a permit to do a commission business in farm products. Such application shall state the kind or kinds of farm products which the applicant proposes to handle, the full name of the person, firm, exchange, association or corporation, the full name of each member of the firm or the names of all the officers of the exchange, association or corporation and the city, town or village and street number where the particular business is to be conducted. Unless the commissioner refuses the application on one or more of the grounds provided in Section 2-29-5, he shall issue to such applicant, upon the payment of proper fees and the execution and delivery of a bond as provided in Section 2-29-4, a permit entitling the applicant to conduct a commission business at the place named in the application until October 1 next following. The fee for every such permit shall be $10.00.
(Ag. Code 1927, §280; Code 1940, T. 2, §474.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-3 - Expiration Date of Permits.

Section 2-29-3
Expiration date of permits.
Every permit issued under the provisions of this chapter shall be deemed to have expired by limitation at midnight of the last day of the period for which such permit was granted in the first instance.
(Ag. Code 1927, §284; Code 1940, T. 2, §478.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-4 - Bonds of Commission Merchants; Institution of Civil Actions Upon Bonds.

Section 2-29-4
Bonds of commission merchants; institution of civil actions upon bonds.
Before any permit shall be issued, the applicant therefor shall make and execute to the State of Alabama a surety bond in the penal sum of $1,000.00, said bond to be filed in the office of the commissioner. Said bond is intended and shall be so conditioned as to secure the faithful account for and payment to the consignor of the proceeds of all farm products handled or sold by such commission merchants. Every such bond shall cover every transaction (within its scope) occurring at any time after its filing and until 60 days after any new bond shall be filed. If at any time the commissioner is of the opinion that the responsibility of any surety or sureties on any existing bond is or is in danger of becoming impaired for any reason, he shall require the giving of a new bond with good and sufficient surety or sureties. Subject to the foregoing provision, upon issue of a new permit to a commission merchant theretofore licensed, no new bond shall be required, but the old bond theretofore given shall continue in force, unless the sureties on such old bond notify the commissioner in writing before October 1 in any year of dissent from such continuance. In the latter event, a new bond shall be required. Civil actions upon the appropriate bond or bonds may be brought (but only within one year after accrual) directly by the consignor, his representatives or assigns in any court of competent jurisdiction to recover for any loss or damage resulting from any breach or breaches of conditions of such bond or bonds.
(Ag. Code 1927, §281; Code 1940, T. 2, §475.)