reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 10 - Shrimp and Seafood. › Section 2-8-366 - Violations.

Section 2-8-366
Violations.
Any individual who sells shrimp or seafood in the state who willfully fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount of the assessment the individual failed or refused to collect and remit as required under this article. The amount of any fine shall be remitted to the commissioner and shall be transferred by the commissioner to the account of the certified association entitled to the assessment.
(Act 2004-301, p. 427, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-381 - Definitions.

Section 2-8-381
Definitions.
As used in this article the following words shall have the following meanings:
(1) DEPARTMENT. The Department of Agriculture and Industries.
(2) GROWER. Any person, business entity, or cooperative licensed to grow industrial hemp by the department or an institution of higher education pursuant to this article.
(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties.
(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower or otherwise in accordance with the state's USDA-approved regulatory plan, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (14) of Section 20-2-2.
(5) INSTITUTION OF HIGHER EDUCATION. A postsecondary institution, as defined in 20 U.S.C.S. 1001(a), that offers a major course of study in agriculture issues.
(Act 2016-293, p. 730, §2; Act 2019-502, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-382 - Purposes; Programs; Legislative Findings.

Section 2-8-382
Purposes; programs; legislative findings.
(a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the forefront of industrial hemp production, development, and commercialization of hemp products in agribusiness, and other business sectors, both nationally and globally and to the greatest extent possible. These purposes may be accomplished, in part, through all of the following:
(1) An industrial hemp research program overseen by the department, working exclusively or in conjunction with other research partners. This research program may include the planting, cultivation, and analysis of industrial hemp demonstration plots by selected growers that are licensed by the department pursuant to this article.
(2) An institution of higher education's program to conduct industrial hemp research.
(3) The pursuit by the department or an institution of higher education of any federal permits or waivers necessary to allow industrial hemp to be grown in Alabama.
(b) The Legislature hereby finds and declares that the authority granted in this article and the purposes accomplished hereby are proper governmental and public purposes, and that the development of industrial hemp production and commercial markets for hemp products within the state is important to the economic well-being of the state.
(Act 2016-293, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 11 - Alabama Industrial Hemp Research Program. › Section 2-8-383 - Rulemaking Authority; Disposition of Funds; Powers and Duties of Department.

Section 2-8-383
Rulemaking authority; disposition of funds; powers and duties of department.
(a) The department may adopt rules in accordance with the Alabama Administrative Procedure Act, as necessary to administer an industrial hemp research program and to license growers to grow industrial hemp pursuant to this article, including rules establishing reasonable fees for licenses, permits, or other necessary expenses to defray the cost of implementing and operating the industrial hemp research program in this state on an ongoing basis. All revenue collected pursuant to rules adopted for the industrial hemp research under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) The department or an institution of higher education may pursue any permits or waivers from the United States Drug Enforcement Administration or appropriate federal agency that are necessary for the advancement of the industrial hemp research program.
(c) The department and institutions of higher education may cooperate and work jointly toward implementing an industrial hemp research program.
(d) The department or the institution of higher education shall coordinate the implementation of this article with other state agencies or departments, as needed, to protect public safety, diversify the agricultural economy of the state, attract new businesses to the state, create new job opportunities for Alabama residents, and create a commercial market for industrial hemp.
(e) In accordance with the Agricultural Marketing Act of 1946, the department, in consultation with the Governor and Attorney General, shall develop a plan under which the state monitors and regulates the production of hemp. The plan shall be submitted to the United States Secretary of Agriculture for approval.
(Act 2016-293, p. 730, §4; Act 2019-502, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-1 - Source of Fund.

Section 2-9-1
Source of fund.
Wherever provision is made in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the collection of any fee or license or the imposition of any fine or penalty for the violation of any provision of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce without providing for the disposition of the proceeds derived therefrom, such proceeds shall accrue to the Agricultural Fund. The Agricultural Fund shall include all funds available from every source for the administration, enforcement or making effective the purposes of the provisions of the laws included in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce. All such funds shall be paid into the State Treasury and be kept intact, liquid and in trust, subject only to the requisitions of the Department of Agriculture and Industries, and shall not be subject to any allotment or proration of appropriations for the benefit of any other department, institution or other state agency or for any other purposes or for use in any manner other than as provided in Section 2-9-4.
(Ag. Code 1927, §484; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §31.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-2 - Proceeding Against Persons Delinquent in Payment of License or Permit Fee.

Section 2-9-2
Proceeding against persons delinquent in payment of license or permit fee.
When any person has been delinquent for 30 days or more in the payment of any license or permit fee levied under the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is directed or authorized to administer or enforce, he shall be deemed to be delinquent and shall, upon the demand of a license inspector in his county or upon demand of an inspector of the Department of Agriculture and Industries, be required to immediately make application for such permit or license and shall pay to such license inspector or inspector of the Department of Agriculture and Industries a fee of 15 percent of the amount of said permit or license in addition to the price of such permit or license. Such license inspector or inspector of such department shall immediately forward such application with the money therefor to the Department of Agriculture and Industries. Such license inspector may retain the delinquent fee of 15 percent, but inspectors of the department shall pay into the department such delinquent fee along with the regular permit or license fee.
(Ag. Code 1927, §486; Code 1940, T. 2, §32.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-3 - Purpose for Which Agricultural Fund May Be Expended.

Section 2-9-3
Purpose for which Agricultural Fund may be expended.
The Agricultural Fund shall not be expended upon any work or activity of any department, institution, bureau, commission, board or other state agency in connection with the Alabama Agricultural Experiment Station System or the Alabama Extension Service or any work or activity which is assigned to any department, institution, bureau, commission, board or state agency other than the Department of Agriculture and Industries or which is not definitely assigned to and defined as a part of the proper work of said Department of Agriculture and Industries. Said fund shall be expended exclusively for the expenses of the regulatory control and administrative work of the Department of Agriculture and Industries, except as otherwise expressly provided by law.
(Ag. Code 1927, §487; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §33.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-4 - Authority of Commissioner Over Fund.

Section 2-9-4
Authority of commissioner over fund.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall use the Agricultural Fund in accordance with the provisions of law for the support and expense of the regulatory, control and administrative work of the Department of Agriculture and Industries and in such manner as said board deems will best effect the purposes of all laws included in this title which the Commissioner, Department or Board of Agriculture and Industries are authorized or directed to administer or enforce. The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall direct the expenditure of said fund, it being the purpose of this section to vest the financial supervision and control over the use of said fund for the work and activities assigned to the Department of Agriculture and Industries in the manner provided by law.
(Ag. Code 1927, §488; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §34.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-5 - Payment of Salaries and Expenses of Commissioner, Members of Board, Department Employees, Etc.

Section 2-9-5
Payment of salaries and expenses of commissioner, members of board, department employees, etc.
The salaries and expenses of the commissioner, members of the State Board of Agriculture and Industries, and the salaries of the employees of the Department of Agriculture and Industries, as otherwise fixed by law, shall be payable from the Agricultural Fund and other funds available to said department by legislative appropriation or otherwise; provided, that the expenses of travel and type or means of transportation of such officers and employees and other expenses incident thereto in the performance of their official duties, as otherwise provided by law, and proof thereof, shall be subject to rules and regulations approved by the State Board of Agriculture and Industries as to the manner, method or system of payment. The provisions of this section as to expenses shall also apply to experts and scientists when performing duties as provided in this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce.
(Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-6 - Requisitions and Warrants for Payments From Fund.

Section 2-9-6
Requisitions and warrants for payments from fund.
All expenses incurred under this title or any other provision of this code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce for the operation of the department shall be paid by warrants drawn by the comptroller on the Agricultural Fund upon the requisition of the commissioner. Said requisition shall be itemized and sworn to and accompanied by an itemized statement of expenses by any person in whose favor a warrant is to be drawn, verified by affidavit that such statement is correct and such amount is unpaid, with such other information or evidence as the board may require. Thereupon, a warrant or warrants shall be drawn by the comptroller upon the Agricultural Fund of the State Treasury for the amounts so requisitioned.
(Ag. Code 1927, §490; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §36.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 1 - Agricultural Fund. › Section 2-9-7 - Withdrawals and Expenditures to Be Pursuant to Budget and Allotment; Unappropriated or Unexpended Funds.

Section 2-9-7
Withdrawals and expenditures to be pursuant to budget and allotment; unappropriated or unexpended funds.
The withdrawal or expenditure of any funds in the State Treasury to the credit of the Agricultural Fund for the payment of salaries, expenses, equipment, operational costs or maintenance or for any reason whatsoever shall be pursuant to budget and allotment as is provided in Article 4 of Chapter 4 of Title 41 of this Code, and limited to the amounts provided therefor by the Legislature in the general appropriation bill; provided, that the provisions of this sentence shall not affect in any manner or to any extent the appropriations for payment of rentals made in Sections 2-6-50 through 2-6-54. Any unappropriated funds remaining in the Agricultural Fund or any unexpended funds remaining in the appropriation to the Department of Agriculture and Industries by the Legislature at the end of each fiscal year shall be carried in the State Treasury in the Agricultural Fund.
(Acts 1951, No. 999, p. 1670.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-20 - Fund Created; Moneys to Be Paid Into Fund.

Section 2-9-20
Fund created; moneys to be paid into fund.
There is hereby created in the State Treasury a fund to be known and designated as the Shipping Point Inspection Fund. All funds, fees, charges, costs and collections accruing to or collected by the Department of Agriculture and Industries in connection with the administration and enforcement of, or providing inspection, classification or grading services pursuant to Articles 1, 4 and 5 of Chapter 11 of this Title, and any other laws or parts of laws whereby agricultural shipping point and terminal market inspection services are furnished by the Department of Agriculture and Industries, including services furnished for weighing and issuing weight certificates to be used for the sale of agricultural commodities, shall be deposited into the State Treasury, to the credit of the Shipping Point Inspection Fund.
(Acts 1956, 2nd Ex. Sess., No. 26, p. 296, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-21 - Expenditure of Fund.

Section 2-9-21
Expenditure of fund.
All funds now or hereafter deposited in the State Treasury to the credit of the Shipping Point Inspection Fund shall be expended to provide and furnish the services for which such funds are collected in accordance with the provisions of the law authorizing the collection of such funds or as otherwise directed by the Legislature.
(Acts 1956, 2nd Ex. Sess., No. 26, p. 296, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 2 - Shipping Point Inspection Fund. › Section 2-9-22 - Insurance for Employees of Department of Agriculture and Industries at Shipping Points, Etc.

Section 2-9-22
Insurance for employees of Department of Agriculture and Industries at shipping points, etc.
The Commissioner of Agriculture and Industries, subject to approval by the Governor, is hereby authorized and empowered and may enter into a contract by bond or policy with an insurance company authorized to do business in this state whereby employees of the Department of Agriculture and Industries who are engaged in work involving inspection, grading, classifying, weighing or otherwise handling agricultural commodities at shipping points, terminal markets, receiving centers or elsewhere will be insured against personal injury or death caused by accidental means while discharging their duties as such employees. The amount of insurance protection to be paid to any employee as authorized under this section on account of death, injury or disability shall not exceed the amount or amounts as provided by the workmen's compensation laws of the State of Alabama if such employees were privately employed; except, that such insurance may provide additional benefits not to exceed $10,000.00 per employee for the payment of hospital and medical expenses. The cost of any accident, death, disability, hospital, medical or other insurance benefits as authorized under this section shall be paid out of the Shipping Point Inspection Fund of the State Treasury.
(Acts 1965, 2nd Ex. Sess., No. 40, p. 56.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 9 - Special Funds Relating to Agriculture. › Article 3 - Egg Inspection Fund. › Section 2-9-40 - Sources of Fund; Expenditures From Fund.

Section 2-9-40
Sources of fund; expenditures from fund.
There shall be maintained in the State Treasury the fund now existing therein and designated as the "Egg Inspection Fund" into which fund there shall be deposited all amounts received pursuant to any cooperative agreement with the United States Department of Agriculture or other federal departments or agencies which provide for inspection and grading of eggs or other related or similar duties incident thereto which involve the inspection, grading or determination of the condition or quality of eggs or egg products. There shall also be deposited into said "Egg Inspection Fund" any amounts available by appropriation or otherwise for the administration and enforcement of the provisions and requirements of Chapter 12 of this title, which said amounts so deposited or transferred into said fund shall be used and expended for payment of salaries, other expenses, equipment purchases necessary for and incident to the administration and enforcement of Chapter 12 of this title, subject, however to the provisions of Article 4 of Chapter 4 of Title 41 of this Code.
(Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §4; Acts 1975, No. 342, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 1 - General Provisions. › Section 2-10-1 - Use of Word "Cooperative" in Title.

Section 2-10-1
Use of word "cooperative" in title.
No person, firm, corporation or association organized or doing business in this state as a cooperative association to market agricultural products shall be entitled to use the word "cooperative" as a part of its corporate or other business name or title unless it has complied with the provisions of this chapter.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7147; Code 1940, T. 2, §105; Acts 1959, No. 591, p. 1480.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-20 - "Association" Defined.

Section 2-10-20
"Association" defined.
The word "association," as used in this article, shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for their objects engaging in activities similar to those of a cooperative marketing association. Such associations are hereby declared to be impressed with a public service, and every such association shall be subject to the supervision, inspection and investigation of the commissioner.
(Ag. Code 1927, §547; Code 1940, T. 2, §69.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-21 - Permit Required; Fee.

Section 2-10-21
Permit required; fee.
No association shall engage in business until it has first secured a permit from the commissioner. Application for such permit shall be made on blanks prescribed by the State Board of Agriculture and Industries and shall be accompanied by a fee of $25.00.
(Ag. Code 1927, §548; Code 1940, T. 2, §70; Acts 1983, No. 83-593, p. 926, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-22 - Duty of Commissioner Upon Receipt of Application for Permit.

Section 2-10-22
Duty of commissioner upon receipt of application for permit.
Upon receipt of an application by an association for a permit, the commissioner shall ascertain from the best source of information at his command whether the character and general fitness of the persons to have charge and control are such as to command the confidence of the community or communities in which it will operate and are such as to reasonably assure a fair and successful operation of such association.
(Ag. Code 1927, §549; Code 1940, T. 2, §71.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-23 - Issuance of Permit; Annual Renewal Permit Fee; Penalty for Failure to Pay Renewal Fee.

Section 2-10-23
Issuance of permit; annual renewal permit fee; penalty for failure to pay renewal fee.
If the commissioner is satisfied from his investigation that the character and general fitness of the persons to manage an association are such as to assure a proper, fair and successful operation of such association and that such association will be of public benefit, then a permit to operate shall be granted after all officers handling or controlling property or cash shall have given a bond in such amount and under such conditions as may be prescribed by the State Board of Agriculture and Industries. Thereafter, each association shall pay an annual renewal permit fee of $25.00, payable on or before the start of the fiscal year of said association. Such fee shall accompany completed forms for yearly renewal, provided by the association, prior to the start of its fiscal year. Those associations in possession of valid permits as of July 25, 1983 shall also be required to pay the above annual renewal permit fees on or before the start of their next fiscal year following the passage of this section. Failure to pay annual renewal permit fees shall be considered grounds for revocation of any existing permit. The above annual permit fee of $25.00 shall also be due and payable for each and every subsidiary, branch office or other like establishment of associations that conduct any business of the association, in towns or areas different from that of the home office of the association.
(Ag. Code 1927, §550; Code 1940, T. 2, §72; Acts 1983, No. 83-593, p. 926, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-24 - Refusal of Permit.

Section 2-10-24
Refusal of permit.
In the event the commissioner is of the opinion from his investigation that an association making application for a permit cannot be successfully conducted or that the character or general fitness of the person to have charge or control are not such as to assure its fair and successful operation or if for any reason he is of the opinion that said association should not attempt to function, he shall refuse to issue such permit.
(Ag. Code 1927, §551; Code 1940, T. 2, §73.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-25 - Notice of Decision Refusing Permit; Appeal.

Section 2-10-25
Notice of decision refusing permit; appeal.
If the commissioner refuses to issue a permit, he shall by registered or certified mail notify the principal officer or manager of the association and may notify by mail all members. An appeal by anyone interested shall lie from the decision of the commissioner to the State Board of Agriculture and Industries by filing with the Department of Agriculture and Industries a written demand for such appeal. The appeal shall be heard at the next meeting of said State Board of Agriculture and Industries, and the board shall render such judgment as it deems proper from the facts.
(Ag. Code 1927, §552; Code 1940, T. 2, §74.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-26 - Temporary Permit Pending Appeal.

Section 2-10-26
Temporary permit pending appeal.
In the event an association desires to do business pending the appeal provided for in Section 2-10-25, it may be issued a temporary permit to do so upon paying $1.00 and filing bond with the commissioner in such sum as the commissioner may fix, conditioned to protect all persons dealing with the association from injury or loss. Said bond shall be in a reasonable amount, approved by the commissioner, and made in some bonding company authorized to do business in Alabama. Before such association shall be permitted to file bond as authorized in this section, there shall be filed with the Department of Agriculture and Industries, on blanks prescribed by the State Board of Agriculture and Industries, an application for such temporary permit, accompanied by a full list of the members of such association and their addresses. Immediately upon the filing of such application, the commissioner shall call a meeting, by mailing notice to each member of the association, at such place as the commissioner deems most convenient for the majority of said members, and at such meeting he shall explain the reasons why he rejected the application for a permit. If a majority vote for such temporary certificate after such statement by the commissioner, the temporary certificate shall issue. The commissioner may issue the temporary certificate without such hearing.
(Ag. Code 1927, §553; Code 1940, T. 2, §75.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-27 - Authority to Acquire Stock and Execute Mortgages.

Section 2-10-27
Authority to acquire stock and execute mortgages.
All cooperative agricultural associations of any kind or character whatsoever, heretofore or hereafter organized under the laws of the State of Alabama, are hereby authorized and empowered to purchase or otherwise acquire and to hold stock in the New Orleans Bank for Cooperatives and in the Central Bank for Cooperatives in accordance with the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter be amended by the Congress of the United States. All corporations, heretofore or hereafter organized under the laws of the State of Alabama, which are eligible to borrow from production credit associations, are hereby authorized and empowered to purchase or otherwise acquire and to hold stock in production credit associations in accordance with the provisions of the Farm Credit Act of 1971, as heretofore amended and as it may hereafter be amended by the Congress of the United States.
Notwithstanding the provisions of other laws of the State of Alabama, any agricultural cooperative association organized under the laws of the State of Alabama or authorized to do business in said state may provide in its bylaws that the board of directors of such cooperative shall have the power to authorize the execution of mortgages covering its real property as security for debts of the cooperative; provided, that boards of directors of such cooperative associations shall not be authorized to mortgage real property unless such action is favored and approved by not less than a majority of the membership of the board of directors.
(Acts 1935, No. 223, p. 615; Code 1940, T. 2, §76; Acts 1959, No. 593, p. 1482.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-28 - Annual Report.

Section 2-10-28
Annual report.
Every association shall prepare and make out an annual report, on forms furnished by the commissioner and approved by the State Board of Agriculture and Industries, containing such financial and other information relative to its operation during the fiscal year as may be required by the State Board of Agriculture and Industries. Such report shall contain, in addition to such other information as the board may require, the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, the sources of its capital, expenses of operations and its balance sheets. Said report shall be filed with the commissioner on such date as required by the State Board of Agriculture and Industries. Said report shall be considered as a confidential document, and the information contained therein shall not be divulged except by permission of the board.
It shall be the duty of the commissioner to check or cause to be checked the annual report, make a summary of his findings therefrom and furnish such summary to each member of the State Board of Agriculture and Industries, that they may consider the same at their next meeting or such other time as the board sees fit.
(Ag. Code 1927, §§554, 555; Code 1940, T. 2, §§77, 78.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-29 - Investigation of Affairs of Association.

Section 2-10-29
Investigation of affairs of association.
The commissioner shall have authority, when so ordered by the State Board of Agriculture and Industries, to examine and investigate each association as to its conduct of business, the correctness of its books, its financial condition and the safety and prudence of its management. Such investigation may also be made by any duly authorized agent of the commissioner. The report of such examination shall be a confidential document for official use only and subject to examination only by duly authorized agents of the commissioner and members of the State Board of Agriculture and Industries. Such report shall be kept on file with the commissioner.
(Ag. Code 1927, §556; Code 1940, T. 2, §79.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-30 - Commissioner to Report Association Violating Purposes of Organization, Etc.

Section 2-10-30
Commissioner to report association violating purposes of organization, etc.
Whenever the commissioner finds that an association is violating the purposes for which organized or is conducting its business in any unauthorized manner or is not serving the interest of its members or is being conducted in such a manner as to seriously impair its capital or jeopardize the interest of its members or has seriously impaired its capital or for any other reason such association should be discontinued or have a change of management, the commissioner shall call a meeting of the State Board of Agriculture and Industries and present all facts to such board.
(Ag. Code 1927, §558; Code 1940, T. 2, §80.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-31 - Hearing on Report of Commissioner.

Section 2-10-31
Hearing on report of commissioner.
The State Board of Agriculture and Industries shall consider all facts relative to the report of the commissioner required by Section 2-10-30 in executive session; provided, that any person the board sees fit may be admitted to such session, but such person shall not disclose to the public the proceeding, unless otherwise ordered by said board. The board may summons and examine under oath witnesses, shall consider the facts contained in the report and may hear from any person interested in such association. If upon such hearing the board is of the opinion that the protection of the public interest requires the discontinuance of the operation of the association, or a change of management or that it should continue without change, the board shall issue such order as necessary to protect the public and members of such association, stating its reasons therefor.
(Ag. Code 1927, §559; Code 1940, T. 2, §81.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-32 - Order of Board After Hearing; Appeal.

Section 2-10-32
Order of board after hearing; appeal.
The State Board of Agriculture and Industries, upon any hearing provided for in this article, may require the commissioner to call a meeting of the directors of the association and seek to work out a solution of conditions with them, may order the conditions on which there may be a continuation of the operation of such association or may require an agent appointed by the board or commissioner to take charge and reorganize the association or wind its business up or may make such other order as it deems will best protect the interest of the public. An appeal shall lie from the order of the board by any person interested by filing bond with and to be approved by the register or clerk of the Circuit Court of Montgomery County. The matter shall be heard de novo in such court; provided, that the order of the board shall be presumed prima facie correct. Upon such hearing the court shall issue an order sustaining or reversing the order of the board or remanding the matter to the board for further consideration. An appeal shall lie from the order of the circuit court to the Court of Civil Appeals.
(Ag. Code 1927, §560; Code 1940, T. 2, §;82.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-33 - Bond Required of Person Placed in Charge of Association.

Section 2-10-33
Bond required of person placed in charge of association.
Whenever the State Board of Agriculture and Industries shall place an association in the charge or control of a person, as provided in Section 2-10-32, such person shall be bonded by a bonding company in such amount and under such conditions as shall be fixed by the board to faithfully comply with the duties imposed in this article. Said bond shall be filed with and approved by the commissioner. Such agent shall have full authority to handle the property and affairs of said association as ordered by the board.
(Ag. Code 1927, §561; Code 1940, T. 2, §83.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 2 - Marketing Associations Generally. › Section 2-10-34 - Payment of Expense of Operating or Closing Out Association.

Section 2-10-34
Payment of expense of operating or closing out association.
The expense of operating or closing out an association, as provided in Section 2-10-32, shall be paid by the association, including the reasonable salary of the agent placed in charge thereof, reasonable attorney's fees and any other expense incident to properly closing said association's affairs.
(Ag. Code 1927, §562; Code 1940, T. 2, §84.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-50 - Definitions.

Section 2-10-50
Definitions.
As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(1) AGRICULTURAL PRODUCTS. Such term shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, fish, aquatic and seafood products and any farm products.
(2) MEMBER. Such term shall include actual members of associations without capital stock and holders of common stock in organizations organized with capital stock.
(3) ASSOCIATION. Any corporation organized under this article.
(4) PERSON. Such term shall include individuals, firms, partnerships and associations.
(5) PRODUCTION OF AGRICULTURAL PRODUCTS. Such term shall include fishing activities and the harvesting of aquatic and seafood products as well as the production of other agricultural or farm products hereinabove defined in subdivision (1) of this section.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7127; Code 1940, T. 2, §85; Acts 1973, No. 1134, p. 1915, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-51 - Nonprofit Associations.

Section 2-10-51
Nonprofit associations.
Associations organized under this article shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves as such or for their members as such, but only for their members as producers.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7128; Code 1940, T. 2, §86.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-52 - Who May Form Association.

Section 2-10-52
Who may form association.
Five or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions of this article.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7129; Code 1940, T. 2, §87.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-53 - Objects of Association.

Section 2-10-53
Objects of association.
An association may be organized under this article to engage in any activity in connection with the marketing or selling of the agricultural products of its members or with the harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping, ginning or utilization thereof or in connection with the manufacturing, selling or supplying to its members of machinery, equipment or supplies or in the financing of the above enumerated activities or in any one or more of the activities specified in this section.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7130; Code 1940, T. 2, §88.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-55 - Who May Become Members or Stockholders.

Section 2-10-55
Who may become members or stockholders.
Under the terms and conditions prescribed in its bylaws, an association may admit as members (or issue common stock to) only persons or associations or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or part of the crop raised on the leased premises. Any such persons or associations of persons or corporations may be citizens of or organized under the laws of this state or any other state of the United States and shall handle such agricultural products for members only.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7132; Acts 1927, No. 21, p. 28; Code 1940, T. 2, §90.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-56 - Contents of Articles of Incorporation; Signing, Acknowledgment and Filing.

Section 2-10-56
Contents of articles of incorporation; signing, acknowledgment and filing.
Each association formed under this article shall prepare and file articles of incorporation, setting forth: the name of the association; the purposes for which it was formed; the place where its principal business will be transacted; the term for which it is to exist; the number of directors thereof, which must not be less than five and may be any number in excess thereof; the term of office of such directors; the names and addresses of the persons who are to serve as incorporating directors until their successors are elected and qualified; if organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and, if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed, and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members in accordance with such general rule or rules; and, if organized with capital stock, the amount of such stock and number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and privileges granted to each.
The articles must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances and shall be filed in accordance with the provisions of the general corporation law of this state. When so filed, the said articles of incorporation or certified copies thereof shall be received in all the courts of this state and in other places as prima facie evidence of the facts contained therein and of the due incorporation of such association.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7133; Acts 1935, No. 222, p. 612; Code 1940, T. 2, §91.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-57 - Amendments to Articles of Incorporation.

Section 2-10-57
Amendments to articles of incorporation.
The articles of incorporation or charter of any cooperative or mutual association of farmers organized under the provisions of this article may be altered or amended at any regular meeting of the members or at any special meeting called for that purpose; provided that a quorum shall be present as defined in the bylaws or other governing rules. The amendment must first be approved by two thirds of the directors or other governing body and then adopted by vote of two thirds of the members present and voting at the meeting. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the provisions of the general corporation laws of the state.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7134; Acts 1935, No. 222, p. 612; Code 1940, T. 2, §92.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 10 - Cooperatives and Associations. › Article 3 - Incorporated Marketing Associations. › Section 2-10-58 - Provisions of Bylaws.

Section 2-10-58
Provisions of bylaws.
Each association incorporated under this article shall, within 30 days after its incorporation, adopt for its government and management bylaws not inconsistent with the powers granted by this article. A majority vote of the members or stockholders or their written assent is necessary to adopt such bylaws. Each association, under its bylaws, may also provide for any or all of the following matters:
(1) The time, place and manner of calling and conducting its meetings;
(2) The number of stockholders or members constituting a quorum;
(3) The right of members or stockholders to vote by proxy or by mail or by both and the conditions, manner, form and effects of such votes;
(4) The number of directors constituting a quorum;
(5) The qualification, compensation, duties and term of office of directors and officers, the time of their election and the mode and manner of giving notice thereof;
(6) Penalties for violations of the bylaws;
(7) The amount of entrance, organization and membership fees, if any, the manner and method of collection of the same and the purposes for which they may be used;
(8) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association, the charge, if any, to be paid by each member or stockholder for services rendered by the association to him and the time of payment and manner of collection and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign;
(9) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock and the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock;
(10) The manner of assignment and transfer of the interest of members and of the shares of common stock;
(11) The conditions upon which and the time when membership of any member shall cease;
(12) The automatic suspension of the rights of a member when he ceases to be eligible to membership in the association and the mode, manner and effect of the expulsion of a member; and
(13) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his membership or, at the option of the association, by conclusive appraisal by the board of directors.
In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his property interests in the association and shall fix the amount thereof in money which shall be paid to him within one year after such expulsion or withdrawal.
(Acts 1921, Ex. Sess., No. 31, p. 38; Code 1923, §7135; Code 1940, T. 2, §93.)