reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-90 - Prohibited Acts Generally.

Section 8-16-90
Prohibited acts generally.
Any person who, by himself or his servant or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or reward or in the computation of any charge for services rendered on the basis of weight or measure when a charge is made for such determination, retain in his possession a false weight or measure or weighing or measuring device or any tool or appliance used in connection therewith which has not been sealed by the Commissioner of Agriculture and Industries or by a local sealer of weights and measures within one year, shall dispose of any condemned weight, measure or weighing or measuring device contrary to law, remove any tag placed thereon by the commissioner or a local sealer, who shall sell or offer or expose for sale less than the quantity he represents of any commodity, thing or service, shall take or attempt to take more than the quantity he represents when as the buyer he furnishes the weight, measure or weighing or measuring device by means of which the amount of any commodity, thing or service is determined, who shall keep for the purpose of sale, offer, expose for sale or sell any commodity in a manner contrary to law, who shall violate any provision of this chapter for which a specific penalty has not been provided or who shall sell, offer or expose for sale or use or have in his possession for the purpose of using or selling any device or instrument to be used to, or calculated to, falsify any weight or measure, shall be guilty of a misdemeanor.
(Ag. Code 1927, §243; Code 1940, T. 2, §601.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-91 - Net Weight of Commodity Basis for Sales by Weight.

Section 8-16-91
Net weight of commodity basis for sales by weight.
Whenever any commodity, other than bale cotton, is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the "weight" of a commodity is mentioned in this chapter, it shall be understood and construed to mean the net weight of the commodity.
(Ag. Code 1927, §262; Code 1940, T. 2, §618.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-93 - Net Quantities of Contents of Packages to Be Marked on Outside.

Section 8-16-93
Net quantities of contents of packages to be marked on outside.
(a) It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations and tolerances shall be established by rules and regulations made and promulgated by the State Board of Agriculture and Industries; and provided further, that this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of other sections of this chapter.
(b) The words "in package form," as used in this section, shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle or in coverings or wrappings of any kind put up by the manufacturer, or put up prior to the order of the commodity by the vendor, which may be labeled, branded, stenciled or otherwise marked or which may be suitable for labeling, branding, stenciling or marking otherwise, making one complete package of the commodity. The words "in package form" shall be construed to include both the wholesale and the retail package. "Package," as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but the provisions of this section apply only to the container directly including the commodity.
(Ag. Code 1927, §§255, 256; Code 1940, T. 2, §§612, 613.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-94 - Weight per Bushel or Barrel of Certain Commodities Established by Custom of Marketplace; Commissioner of Agriculture and Industries Authorized to Promulgate Rules Concerning Weights per Bushel or Barrel.

Section 8-16-94
Weight per bushel or barrel of certain commodities established by custom of marketplace; Commissioner of Agriculture and Industries authorized to promulgate rules concerning weights per bushel or barrel.
(a) Whenever any commodities shall be sold or delivered and no special written contract or agreement shall be made to the contrary, if sold or authorized to be sold by the bushel or barrel, said bushel or barrel of such commodities shall be the weight per bushel or barrel as is generally recognized and accepted in the marketplace, and the fractional part of the bushel or barrel shall be the corresponding fractional part of the weight per bushel or barrel as is generally recognized and accepted in the marketplace for such commodity.
(b) All such commodities shall be bought or sold by actual weight unless otherwise agreed to in writing between the seller and buyer; provided, however, that any of such commodities may be sold by numerical count; and provided further, that turnips, kale, mustard and spinach salad and other vegetables customarily sold by the bunch may be sold by the bunch.
(c) The Commissioner of Agriculture and Industries, as provided under the provisions of Section 2-2-16, is authorized and empowered to promulgate rules and regulations concerning minimum weights per bushel or barrel or other type container for the sale of commodities, as is needed for the standardization of the sale of such commodities in the marketplace.
(Ag. Code 1927, §246; Code 1940, T. 2, §604; Acts 1980, No. 80-759, p. 1584.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-95 - Milk and Cream Bottles and Containers - Capacities; Markings; Bond Required of Manufacturers.

Section 8-16-95
Milk and cream bottles and containers - Capacities; markings; bond required of manufacturers.
(a) Bottles or other containers used for the sale of milk or cream shall be of the capacity of one gallon, three quarts, one-half gallon, one quart, one-third quart, one pint, one-half pint, and one gill.
(b) Each bottle or other container used for the sale of milk or cream shall be clearly and permanently marked with its capacity and with the word "sealed." For purposes of identification, such bottles and other containers shall also have clearly and permanently marked thereon the name, initials or trademark of the manufacturer and the manufacturer's mold designation which identifies the pattern or design of the bottles. The capacity designation and the word "sealed" shall be clearly and permanently marked on the side of the bottle or container.
(c) A bond of $1,000, with surety to be approved by the Commissioner of Agriculture and Industries, together with a complete description of the bottle or container, shall be furnished the commissioner by the manufacturer, conditioned upon their conformance with the requirements of this section and such regulations as may be promulgated by the State Board of Agriculture and Industries for the purposes of this section. A record of the bonds furnished and identification shall be kept in the office of the commissioner.
(Ag. Code 1927, §248; Code 1940, T. 2, §606; Acts 1951, No. 123, p. 352; Acts 1967, No. 431, p. 1100.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-96 - Milk and Cream Bottles and Containers - Penalty for Selling or Using Noncomplying Containers.

Section 8-16-96
Milk and cream bottles and containers - Penalty for selling or using noncomplying containers.
(a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles or containers to be used in the state that do not comply as to size and marking with the provisions of this article shall suffer a penalty of $500, to be recovered by the Attorney General in an action against the offender's bondsman, to be brought in the name of the state in the Circuit Court of Montgomery County, Alabama.
(b) Any dealer who offers for sale, or who uses for the purpose of selling, milk or cream jars, bottles or containers that do not comply with the requirements of this article as to markings and capacity shall be guilty of offering for sale or using a false or insufficient measure.
(Ag. Code 1927, §249; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §607.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-97 - Milk and Cream Bottles and Containers - Duties of Sealers.

Section 8-16-97
Milk and cream bottles and containers - Duties of sealers.
Local sealers of weights and measures are not required to seal bottles or containers for milk or cream marked as provided in this article; but they shall have the power to, and shall from time to time, make tests on individual bottles or containers in order to ascertain if the provisions of this article are being complied with, and they shall immediately report violations found to the Commissioner of Agriculture and Industries.
(Ag. Code 1927, §250; Code 1940, T. 2, §608.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-98 - Coal, Coke, or Charcoal - Sale by Weight; "Ton" Defined; Restriction on Liquid Substances in Coal, Coke, or Charcoal.

Section 8-16-98
Coal, coke, or charcoal - Sale by weight; "ton" defined; restriction on liquid substances in coal, coke, or charcoal.
(a) It shall be unlawful to sell, or offer to sell, any coal, coke, or charcoal in any other manner than by weight. When sold by the ton, 2,000 pounds avoirdupois shall be the weight of the ton.
(b) No coal, charcoal or coke shall be sold at retail which contained, at the time the weight was taken, more water or other liquid substance than is due to natural conditions, weather conditions or causes incident to the mining, cleaning, or handling of the coal, charcoal, or coke, except by and with the consent of the purchaser.
(Ag. Code 1927, §252; Code 1940, T. 2, §610.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-99 - Coal, Coke, or Charcoal - Delivery Tickets.

Section 8-16-99
Coal, coke, or charcoal - Delivery tickets.
(a) It shall be unlawful for any person to deliver any coal, coke, or charcoal without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be marked clearly and distinctly the gross weight of the load expressed in pounds, the tare of the delivery vehicle and the quantity or quantities of coal, coke, or charcoal contained in the vehicle used in such deliveries, the name of the purchaser and the name of the dealer from whom purchased.
(b) Such ticket shall be surrendered to the Commissioner of Agriculture and Industries or local sealer of weights and measures upon his demand for his inspection, and if he desires to retain this ticket he shall return a duplicate ticket. The original or duplicate ticket shall be delivered to the purchaser of the coal, coke, or charcoal, or his agent, at the time of the delivery of the fuel and the other ticket shall be retained by the seller of the fuel.
(Ag. Code 1927, §253; Code 1940, T. 2, §611.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-100 - Coal, Coke, or Charcoal - Weighing of Coal at Time of Purchase at Request of Purchaser.

Section 8-16-100
Coal, coke, or charcoal - Weighing of coal at time of purchase at request of purchaser.
When a dealer or dealers in coal in cities or towns where public sales are kept may be requested by a person or persons buying as much as 500 pounds of coal at any one time to weigh such coal upon the public scales, such dealer or dealers shall do so. The person or persons buying the coal shall pay the fee for weighing the same if such is of proper weight; otherwise, such fee shall be paid by the dealer. Any dealer refusing to weigh or to have weighed such coal as required in this section or to pay such fee for weighing the same as required by this section shall be guilty of a misdemeanor.
(Ag. Code 1927, §251; Code 1940, T. 2, §609.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-101 - Fruit, Nuts, Vegetables and Grain to Be Sold by Avoirdupois Weight or Numerical Count.

Section 8-16-101
Fruit, nuts, vegetables and grain to be sold by avoirdupois weight or numerical count.
(a) Except as otherwise provided in this article or when sold in the original standard container, all fruit, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count.
(b) The words "original standard container," as used in this section, shall mean and include only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which are established by regulations of the State Board of Agriculture and Industries, the contents of which have not been removed or repacked by the retailer and upon which is plainly and conspicuously marked the net quantity of the contents thereof in terms of weight, measure or numerical count.
(c) This section shall not apply to the sale by the bunch of fresh beets, onions, turnips, carrots and other similar vegetables usually and customarily sold by the bunch.
(Ag. Code 1927, §257; Code 1940, T. 2, §614.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-102 - Cornmeal and Grits to Be Sold in Five to 200 Pound Packages; Exceptions.

Section 8-16-102
Cornmeal and grits to be sold in five to 200 pound packages; exceptions.
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in packages of sizes other than five pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds and 200 pounds; provided, that any person may weigh and sell from bulk cornmeal or grits any number of pounds desired by a customer on order and provided further, that any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in weight packages weighing less than five pounds.
(b) For the purpose of this section, the term "cornmeal" shall be deemed to include all products in the form of meal or grits derived from corn, with or without additional processing, such as bolting, degerming or refining, and all mixtures of same with chemicals and other modifying agents.
(Ag. Code 1927, §§99, 100; Code 1940, T. 2, §§134, 135; Acts 1945, No. 284, p. 471, §§1, 2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-103 - Flour to Be Sold in Packages of Five to 200 Pounds; Exceptions.

Section 8-16-103
Flour to be sold in packages of five to 200 pounds; exceptions.
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state flour in packages of sizes other than five pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds and 200 pounds; provided, that any person may weigh and sell from bulk flour any number of pounds desired by a customer on order; and provided further, that any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state flour in weight packages weighing less than five pounds.
(b) The provisions of this section shall not apply to the sale of flour to commercial bakers or blenders or for export in containers of more than 100 pounds.
(c) For the purpose of this section, the term "flour" shall include flours derived from cereals or other vegetable sources and mixtures of the same with or without added chemicals or other modifying agents.
(Ag. Code 1927, §§104, 105; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §§301, 302; Acts 1945, No. 284, p. 471, §§3, 4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-104 - Sale of Ice Regulated.

Section 8-16-104
Sale of ice regulated.
(a) It shall be unlawful for any person, firm or corporation to sell ice in any other manner than by weight.
(b) All ice shall be correctly weighed by the seller at the time of delivery to the purchaser. All agents or employees of any person, firm or corporation engaged in the sale and delivery of ice shall be provided with suitable and correct weighing devices to be used for the purpose of correctly weighing each piece of ice delivered.
(c) It shall be unlawful for any such agent or employee to report or make a charge for any quantity of ice in excess of the quantity in pounds, or fraction thereof, actually delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight slip at the time of delivery containing the name of the person, firm or corporation selling the ice, the number of pounds sold and signed by the agent or employee of such person, firm or corporation.
(d) Whoever, being engaged in the business of selling ice at retail and not engaged in the delivery of the same under a contract, refuses to sell from any place or vehicle engaged in the regular distribution of ice at retail a piece of ice at the fair value thereof to any person other than an ice dealer shall, if such person tenders in payment the fair value thereof in the amount of $.05 or any multiple thereof not more than $.50 in legal money of the United States, be guilty of a misdemeanor.
(Ag. Code 1927, §247; Code 1940, T. 2, §605.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-105 - Sale of Oil at Retail Regulated.

Section 8-16-105
Sale of oil at retail regulated.
Any person engaged in the business of the sale of oil at retail shall use a standard liquid measure, which measure shall not be a larger capacity than the amount of the purchase by any purchaser; provided, however, that this section shall not prevent the use of a correct liquid-measuring device when so located and disposed as to be clearly visible to and readable by the customer from any position which he may reasonably be expected to assume.
(Ag. Code 1927, §264; Code 1940, T. 2, §620.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-106 - Requesting False or Incorrect Weighing or Certificate; Unauthorized Issuance of Certificate.

Section 8-16-106
Requesting false or incorrect weighing or certificate; unauthorized issuance of certificate.
Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or article falsely or incorrectly or who shall request a false or incorrect certificate of weight or measure and any person issuing a certificate of weights and measures who is not a weighmaster as provided for in this chapter shall be guilty of a misdemeanor.
(Ag. Code 1927, §272; Code 1940, T. 2, §628.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-107 - Operating Weighing or Measuring Device Other Than as Intended.

Section 8-16-107
Operating weighing or measuring device other than as intended.
It shall be unlawful for any person to operate any weighing or measuring device in any other manner than that which would be a regular and intended method of operation by the manufacturer, as is evidenced by the make-up of the device itself as being the proper method of operation.
(Ag. Code 1927, §277; Code 1940, T. 2, §633.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-120 - Registration Authorized; Purpose.

Section 8-16-120
Registration authorized; purpose.
For the benefit of users, manufacturers and distributors of commercial weighing and measuring devices used in selling commodities, things or service by weight or measure, the Commissioner of Agriculture and Industries is empowered to register certain persons skilled in repairing, servicing or installing said devices. Service persons or scale mechanics that become registered may remove condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, for the purpose of repair. The removal of condemnation tags by registered service persons or scale mechanics for the specific purpose of repairing devices shall not constitute a violation of Section 8-16-90, but the removal of said tags by registered service persons or scale mechanics for purposes other than repair shall constitute a violation of Section 8-16-90.
(Acts 1984, No. 84-256, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-121 - Registration Requirements; Fees.

Section 8-16-121
Registration requirements; fees.
Only those natural persons who demonstrate to the satisfaction of the Commissioner of Agriculture and Industries their skill in repairing, servicing, or installing, weighing and measuring devices may be registered. The commissioner, under the provisions of Section 2-2-16, may promulgate rules and regulations and establish fees not to exceed one hundred dollars ($100) for the reimbursement of costs and expenses of registration which are reasonable and necessary to include necessary skills, standards, procedures, and equipment which a registrant must meet and follow to accomplish the evident purpose and intent of this law.
(Acts 1984, No. 84-256, p. 421, §2; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-122 - Registration Period; Renewal; Fee; Testing; Identification; Penalty.

Section 8-16-122
Registration period; renewal; fee; testing; identification; penalty.
Registration of service persons and scale mechanics shall be for a period of 12 months, and shall be renewed each year. An annual fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), to be paid into the Agricultural Fund, shall accompany each initial request for registration or each renewal thereof. Application forms for registration or renewal, and testing shall be furnished and administered by the Commissioner of Agriculture and Industries. The commissioner shall also furnish appropriate identification to persons registered as service persons or scale mechanics. Any person removing condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, even for purposes of repair, during any time the person's registration may have expired due to failure to renew, shall be considered a violation of Section 8-16-90.
(Acts 1984, No. 84-256, p. 421, §3; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-123 - Revocation, Suspension, etc., of Registration; Grounds; Notice; Appeal.

Section 8-16-123
Revocation, suspension, etc., of registration; grounds; notice; appeal.
The commissioner may revoke, suspend or refuse to renew the registration of service persons or scale mechanics if he determines that the person has failed to abide by the rules and regulations promulgated under this law or has removed a condemnation tag, for purpose other than that of repair, or no longer qualifies under the above rules and regulations. The taking of unfair advantage of an owner of a weighing or measuring device or unsatisfactory work in repairing said devices shall also constitute grounds for refusing to register, revocation, suspension or nonrenewal of the registration.
The Commissioner of Agriculture and Industries shall give at least 10-days' written notice by certified mail to the concerned person prior to refusing to register, revocation, suspension or nonrenewal of the registration. The notice shall set out the specific grounds under which the action was taken. The registrant or proposed registrant, after receiving notification as set out above, may request a hearing before the commissioner. This request must be in writing and be received by the commissioner within 10 days after receiving notice of the commissioner's intended action. If the written request for a hearing is received within the 10-day period, the commissioner shall stay his intended action pending the outcome of the hearing. Any adverse ruling at this hearing is appealable to the State Board of Agriculture and Industries provided notice of appeal to the board is given in writing to the commissioner within 10 days after receiving written notice of an adverse ruling. The hearing before the State Board of Agriculture and Industries shall follow the proceedings affecting licensees under the Alabama Administrative Procedures Act (§41-22-1 et seq.).
(Acts 1984, No. 84-256, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-1 - Definitions.

Section 8-17-1
Definitions.
For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section:
(1) COMMISSIONER. The Commissioner of Agriculture and Industries.
(2) PERSON. Any individual, partnership, firm, corporation or association.
(3) BRAKE FLUID. Any and all substances, liquids, or preparations used or intended for use as a brake medium or to be added to a brake fluid in the braking system of any motor vehicle for use in hydraulic brakes.
(4) PACKAGE. The immediate container in which the brake fluid is packed for sale but does not include a carton or wrapping containing several packages, nor a tank car or truck.
(Acts 1959, No. 30, p. 433, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-2 - Registration and Permit for Sale or Distribution.

Section 8-17-2
Registration and permit for sale or distribution.
(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or distributor thereof shall register the product with the Commissioner of Agriculture and Industries and obtain a permit authorizing the sale of the product.
(b) Applications for registration and permits upon forms furnished by the Commissioner of Agriculture and Industries shall contain:
(1) Name, address, and location of the applicant's brake fluid manufacturing company, packing or distributing establishment and the address of applicant's sales office, if any, in the State of Alabama.
(2) The brand name of the brake fluid which the applicant proposes to offer for sale or distribution in the State of Alabama.
(3) A copy of the label or brand which will be affixed to or imprinted upon packages in which brake fluid will be sold, offered for sale or distribution.
(4) A copy of the standards or specifications of the brake fluid, together with such other information as may be required by the commissioner which is necessary for the enforcement of the provisions of this article.
(c) Registration of a brake fluid as required hereunder shall be renewable annually on or before January 1 of each year, and the permit authorizing sale thereof shall be renewable annually on or before that date.
(d) The annual registration fee for each brand of brake fluid registered hereunder shall be $10, to be collected by the Commissioner of Agriculture and Industries before the product is registered and the permit is issued authorizing sale thereof.
(e) Amounts collected hereunder as registration fees and any amount levied as a fine under the penalty provisions of this article shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(f) The Commissioner of Agriculture and Industries shall refuse registration of any brake fluid which does not comply with the requirements of this article.
(g) Whenever a person who manufactures, packs, or distributes brake fluid for sale or distribution in the State of Alabama shall have registered his brand of brake fluid and has obtained a permit as required under the provisions of this section, no other person shall be required to register the same brand and obtain a permit for the purpose of selling or offering the same brand of brake fluid for sale, as it is the intent and purpose hereof to require that the requirements of this section shall be complied with only once for the sale of the same brand of brake fluid.
(Acts 1959, No. 30, p. 433, §§2, 9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-3 - When Deemed Adulterated.

Section 8-17-3
When deemed adulterated.
Brake fluid shall be deemed to be adulterated unless it meets the minimum standards for purity and quality as such standards for brake fluid are established by the State Board of Agriculture and Industries under the provisions of this article. Brake fluid shall also be deemed to be adulterated if it contains any substance or preparation which renders it unsuitable for use as a brake fluid or will impair the normal operation of a hydraulic brake system.
(Acts 1959, No. 30, p. 433, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-4 - When Deemed Misbranded.

Section 8-17-4
When deemed misbranded.
Brake fluid shall be deemed to be misbranded if its labeling is false or misleading in any particular and if in package form it does not bear a label containing the name and address of the manufacturer, packer, seller, or distributor, an accurate statement of the net quantity of the contents in terms of liquid measure and the words "brake fluid" and "heavy duty."
(Acts 1959, No. 30, p. 433, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-5 - Sale, etc., Prohibited if Misbranded, Adulterated or Unregistered.

Section 8-17-5
Sale, etc., prohibited if misbranded, adulterated or unregistered.
No person shall sell, offer for sale, keep for sale, distribute, or add to the hydraulic brake system of motor vehicles in this state any brake fluid which is misbranded or adulterated; and no person shall sell, offer for sale, keep for sale, or distribute any brake fluid in this state unless the manufacturer, packer or distributor thereof has registered the product and obtained a permit as required under the provisions of this article.
(Acts 1959, No. 30, p. 433, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-6 - Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirements.

Section 8-17-6
Promulgation of rules and regulations; product to meet standards and other requirements.
(a) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to adopt and promulgate by rule or regulation the minimum standards and specifications for brake fluid. Such standards and specifications as adopted under this section shall not be below the minimum standards and specifications established by the Society of Automotive Engineers for heavy-duty type brake fluids No. 70-R-1.
(b) Brake fluid shall not be registered for sale or distribution unless such product meets the standards and other requirements adopted under this section.
(c) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is also authorized to promulgate and adopt reasonable rules and regulations necessary to carry out the evident intent and purpose of this article.
(Acts 1959, No. 30, p. 433, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-7 - Suspension From Sale, Seizure and Condemnation for Violations; Sale, etc., Prohibited After Suspension.

Section 8-17-7
Suspension from sale, seizure and condemnation for violations; sale, etc., prohibited after suspension.
(a) Any brake fluid sold, offered for sale, kept for sale, or distributed in this state which is in violation of any of the provisions or requirements of this article, or rules and regulations promulgated under it, or which is not registered as required under this article shall be subject to suspension from sale, seizure and condemnation pursuant to the provisions of Article 2, Chapter 2 of Title 2, and shall be subject to all of the provisions of said Article 2.
(b) It shall be unlawful and punishable as a misdemeanor for any person to move, transport, sell or in any other manner dispose of any brake fluid after such brake fluid has been suspended or ordered withheld from sale as authorized under this section without having written authority from the Commissioner of Agriculture and Industries or his duly authorized agents or employees.
(Acts 1959, No. 30, p. 433, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-8 - Inspection and Testing.

Section 8-17-8
Inspection and testing.
The Commissioner of Agriculture and Industries and his agents, representatives or employees are authorized to enter any establishment where brake fluid is being sold, offered for sale or kept for sale to examine and inspect the product to determine whether such brake fluid is in compliance with the provisions of this article. Upon paying, or offering to pay the value of any specimen or sample, they are authorized to take such specimens or samples for analysis, examination and inspection.
(Acts 30, p. 433, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-9 - Penalty for Violation of Article.

Section 8-17-9
Penalty for violation of article.
Any person who shall sell, offer for sale, or distribute any brake fluid in violation of the provisions of this article and any person who sells, offers for sale or distributes any brake fluid not registered and approved for sale as required under this article shall be guilty of a misdemeanor and punished as now prescribed by law for such an offense.
(Acts 1959, No. 30, p. 433, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-21 - Selling, etc., in Misbranded Container, Etc.

Section 8-17-21
Selling, etc., in misbranded container, etc.
No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, such parcel, package, or container designed for household use; provided, that household products for cleaning and washing purposes, subject to this article and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale, or retail.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §52.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-22 - Confiscation, etc., of Misbranded Containers, Etc.

Section 8-17-22
Confiscation, etc., of misbranded containers, etc.
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, held, displayed or offered for sale, barter, or exchange shall be confiscated and disposed of as provided for under Article 2, Chapter 2 of Title 2, and all of the provisions of said Article 2 shall be applicable to substances regulated by this article.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §53.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-23 - Enforcement of Article; Approval and Registration of Brands and Labels; Rules and Regulations.

Section 8-17-23
Enforcement of article; approval and registration of brands and labels; rules and regulations.
The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve and register such brands and labels intended for use under the provisions of this article as may be submitted for that purpose and as may, in his or her judgment, conform to the requirements of this article; provided, that in any prosecution under this article the fact that any brand or label involved in such prosecution has not been submitted to the commissioner for approval or, if submitted, has not been approved by him or her shall be immaterial. In addition, the commissioner may make and adopt rules and regulations pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee to accompany each application for approval and registration of a brand or label.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §54; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-24 - Penalty for Violation of Article.

Section 8-17-24
Penalty for violation of article.
Any person violating the provisions of this article shall be guilty of a misdemeanor.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §55.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-40 - Standards for Raw Linseed Oil.

Section 8-17-40
Standards for raw linseed oil.
No person shall sell or take orders for sale and delivery within the state any raw linseed oil unless the same is wholly obtained from the seeds of the flax plant (linum usitatissimum) and unless the same fulfills all the requirements recognized by the United States pharmacopoeia official at the time of the investigation.
(Ag. Code 1927, §198; Code 1940, T. 2, §442.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-41 - Standards for Boiled Linseed Oil.

Section 8-17-41
Standards for boiled linseed oil.
No person shall sell or take orders for sale and delivery within this state any boiled linseed oil, or so-called "boiled oil," unless the same has been prepared from pure raw linseed oil and lead and manganese driers and unless the same complies with the standards and requirements prescribed by the State Board of Agriculture and Industries.
(Ag. Code 1927, §200; Code 1940, T. 2, §443.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-42 - Labeling of Original, Unbroken Containers.

Section 8-17-42
Labeling of original, unbroken containers.
No person shall sell any linseed or flaxseed oil unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and place of business of the manufacturer thereof in ordinary bold-faced capital letters not less than 60 points in size the words "Pure Linseed Oil - Raw" or "Pure Linseed Oil - Boiled," as the case may be.
(Ag. Code 1927, §201; Code 1940, T. 2, §444.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-43 - Mixture or Substitute to Be Marked and Sold as Such.

Section 8-17-43
Mixture or substitute to be marked and sold as such.
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of linseed oil, raw or boiled, with other products, except as provided in this article, or any product which is intended to be used as a substitute for linseed oil (raw or boiled) unless it is exposed for sale and sold under the name "substitute for linseed oil."
(b) If the words "linseed" or "flaxseed" are used other than in the name, the true name of each and every ingredient of such product shall also appear, giving preference of order to the ingredients present in the greater proportion; but all letters used in naming the ingredients shall be of the same size and color, using the style of type as hereinafter specified.
(c) Each tank car, tank, barrel, keg, can, jug, or vessel, both wholesale and retail, and all storage receptacles containing such product, shall be distinctly and durably marked in a conspicuous place using the English language and kind of type as hereinafter specified, giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer thereon in continuous list with no intervening matter, using ordinary bold-face capital letters not less than 60 points in size, and there shall be such a contrast between the color of the type and the background of the label as to render the same easily and plainly legible.
(Ag. Code 1927, §202; Code 1940, T. 2, §445.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-44 - Enforcement of Article; Suspension From Sale, Seizure, etc., of Illegal Products.

Section 8-17-44
Enforcement of article; suspension from sale, seizure, etc., of illegal products.
(a) The Commissioner of Agriculture and Industries through the facilities of the State Department of Agriculture and Industries shall enforce the provisions of this article.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to linseed oil regulated by this chapter.
(Acts 1977, No. 20, p. 28, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-45 - Penalty for Violation of Article.

Section 8-17-45
Penalty for violation of article.
Any person violating any provision of this article or the standards established hereunder shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §611; Code 1940, T. 2, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-81 - Determination and Adoption of Standards and Methods of Tests; Promulgation of Rules; Effect of Prior Standards.

Section 8-17-81
Determination and adoption of standards and methods of tests; promulgation of rules; effect of prior standards.
(a) The Board of Agriculture and Industries shall have the power and duty to:
(1) Determine and adopt standards of minimum specifications for petroleum products, and the various classifications and kinds thereof, as to safety, purity, freedom from objectionable substances, distillation tests, heat-producing qualities, fire tests, and efficiency which are not inconsistent with the specifications for the same products that are published from time to time by the United States Department of Commerce; and
(2) Make changes from time to time in such standards, all as the board may deem necessary to provide for the public safety and to provide that such petroleum products are satisfactory and efficient for the purposes for which they may be sold, offered for sale, stored, or used in the state; provided, that such standards shall not be adopted or altered by the board until after a specified date when any person in interest may appear before the board with reference to such standards.
(b) The Board of Agriculture and Industries shall prescribe the methods of tests to be used in determining whether or not petroleum products are in compliance with such standards as shall be adopted as authorized in this section. Any testing and analysis required to be performed may be performed as provided in Section 2-2-33.
(c) The Board of Agriculture and Industries shall have authority to promulgate rules and regulations necessary to secure the safe handling of petroleum products and other such rules and regulations not inconsistent with the provisions of this division as in the judgment of the board may be necessary to the proper enforcement of this division.
(d) The standards of minimum specifications heretofore promulgated by the Board of Agriculture and Industries pursuant to authorization in either Article 21 of Chapter 1 of Title 2 of the Code of Alabama of 1940, or Division 2 of Article 26 of Chapter 1, shall constitute the standards of minimum specifications applicable under this division until such time as the board shall adopt standards pursuant to the provisions of this division.
(Acts 1971, No. 1403, p. 2363, §5; Act 2015-262, §2.)