reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-5 - Authorization and Grounds for Denial or Revocation of Permits by Commissioner.

Section 2-29-5
Authorization and grounds for denial or revocation of permits by commissioner.
The commissioner may refuse to grant or may revoke any permit, as the case may be, upon any one or more of the following grounds:
(1) That a final judgment for the recovery of money has been entered against the applicant or permittee because of any failure to account for or pay over the proceeds of any farm products consigned to such applicant or permittee, which judgment stands unsatisfied after return of execution;
(2) That fraudulent or fictitious charges have been made by the applicant or permittee for the handling, sale or storage of or for any service in connection with the handling, sale or storage of any farm products consigned to the applicant or permittee for sale;
(3) That the applicant or permittee has willfully failed or refused to render an account of sale or to make settlement thereon within the time or in the manner by this chapter required;
(4) That the applicant or permittee, with intent to defraud, has made any material false statement as to the condition, grade, quality or quantity of farm products received for sale on commission;
(5) That the applicant or permittee, with intent to defraud, has made to any consignor any false statement as to the condition of the market for any farm products;
(6) That the permittee was guilty of fraud in the procurement of a permit; or
(7) That the permittee has failed or refused to make a new bond required by the commissioner under the provisions of this chapter.
(Ag. Code 1927, §283; Code 1940, T. 2, §477.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-6 - Proceedings for Review of Denial or Revocation of Permit by Commissioner.

Section 2-29-6
Proceedings for review of denial or revocation of permit by commissioner.
Any act of the commissioner in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the business affected is or is proposed to be located, upon filing of a complaint in such court, within 10 days after notice to the applicant or permittee of the commissioner's decision. Such complaint shall be entitled in the name of the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint shall set forth the action of the commissioner complained of and request its reversal. It shall be the duty of the commissioner to serve an answer to such complaint within 30 days after being notified by the plaintiff of its filing. The action shall be heard de novo by the court. The judge of the circuit court shall determine from the evidence whether the refusal or revocation of the permit is or is not justified under this chapter and enter his decision accordingly, and such decision, subject to the right of appeal which shall lie as in other civil actions, shall be binding upon the parties. Pending final determination, any permit revoked shall be deemed in full force and effect, unless it sooner ends by expiration of its term.
(Ag. Code 1927, §284; Code 1940, T. 2, §478.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-7 - Maintenance of Records by Commission Merchants as to Handling, Storage or Sale of Farm Products.

Section 2-29-7
Maintenance of records by commission merchants as to handling, storage or sale of farm products.
It shall be the duty of every commission merchant upon receipt of any farm products for sale on commission to make and keep a correct record thereof, showing in detail the following with reference to the handling, sale or storage of any such farm products: the name and address of the consignor, the date received, the grade, quantity and condition when received, the amounts sold, the date of each sale, the price for which sold, itemized statement of the expenses connected with or incurred in making sale and to whom sold, including the complete name and address. A copy of such record and account of sale of such farm products, together with remittance in full of the amount realized by such sale, less expenses and commission, shall be mailed to the consignor within 48 hours after the consummation of and in no case shall such remittance be delayed for a longer period than seven days after the date of consummation of the sale of such farm products or any part thereof, unless such longer period shall have previously been agreed upon by contract in writing between the consignor and such commission merchant. It shall also be the duty of every commission merchant to retain a copy of every record of account of sales made as required by this section for a period of one year from the date thereof, which copy shall at all times be available for and open to the inspection of the commissioner. The burden of establishing the accuracy and correctness of any such record or account of sales or copy thereof shall rest upon the commission merchant making such record or account of sales.
(Ag. Code 1927, §282; Code 1940, T. 2, §476.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-8 - Investigation of Applicants and Complaints Against Commission Merchants by Commissioner; Conduct of Proceedings as to Revocation of Permits.

Section 2-29-8
Investigation of applicants and complaints against commission merchants by commissioner; conduct of proceedings as to revocation of permits.
The commissioner shall have power:
(1) Before granting a permit to any applicant to investigate the character and standing of such applicant;
(2) Upon the receipt of any verified complaint from any person pecuniarily interested showing or tending reasonably to show any violations of any of the provisions of this chapter, to investigate fully any transaction involving solicitation, receipt, sale or attempted sale of any farm products and, in furtherance of any such investigation, to require the production of and inspect or take copies of that portion of the ledgers, books, accounts, memoranda and any other documents belonging to or under the control of any commission merchant and bearing upon such transaction and, in the course of and in furtherance of such investigation, to require of any commission merchant a sworn statement of all the material facts relating to any such transaction. It shall be the duty of every commission merchant, upon reasonable request of the commissioner, to produce for his inspection memoranda and other documents aforesaid and to make and deliver to the said commissioner upon his request a sworn statement of all the material facts; and
(3) Upon reasonable grounds for believing that any commission merchant has committed some act or is in such a condition as to justify the revocation of his permit under the provisions of this chapter, to cite such commission merchant to appear before the commissioner and show cause why his permit should not be revoked for the reasons specified in such citation. Service of the citation may be personally or by registered or certified mail at least seven days before the hearing, which shall be held in the city or town in which is situated the place of business of the permittee. The commissioner, at such hearing, shall have power to administer oaths to and take the testimony of parties and any witnesses there produced for or against the permittee. Within 10 days after the hearing, the commissioner shall render his decision dismissing the proceedings or revoking the permit. It shall be the duty of the commissioner, immediately on the entry of such decision, to send by registered or certified mail a copy thereof to the permittee at the latter's business address.
(Ag. Code 1927, §285; Code 1940, T. 2, §479.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-9 - Prohibited Acts.

Section 2-29-9
Prohibited acts.
No person shall receive or offer to receive, sell or offer to sell on commission within this state any kind of farm products without a permit, except as permitted by this chapter. No person being a commission merchant in farm products shall knowingly impose any false or fictitious charge for handling or services in connection with farm products or, with intent to defraud, fail to account or make settlement therefor promptly and properly or, with intent to deceive, make any material false statement or statements as to market conditions or enter into any combination to fix the prices of farm products or, with intent to defraud, make any material false statement or report as to the grade, condition, markings, quality or quantity of goods, received or, without a permit, advertise or hold himself out as a commission merchant in farm products or directly or indirectly purchase for his own account goods received for sale on commission without prior written authority from the consignor or fail promptly to notify the consignor of any such purchase on his own account or fail forthwith to enter any such transaction of purchase on the record or account of sales (this clause shall not be construed as prohibiting any commission merchant from taking to account of sales, in order to close his day's business, miscellaneous lots or parcels of farm products remaining unsold, if such commission merchant shall forthwith enter such transaction in his account of sales) or willfully fail or refuse to comply with any provisions of this chapter; and every person violating any of the provisions of this section shall be guilty of a misdemeanor.
(Ag. Code 1927, §286; Code 1940, T. 2, §480.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-10 - Regulation by Municipalities of Sale, etc., of Farm Products by Farmers or Other Producers Thereof.

Section 2-29-10
Regulation by municipalities of sale, etc., of farm products by farmers or other producers thereof.
It shall be unlawful for any municipality to charge the farmer or others engaged in the production of farm products of whatever nature any license fee for the sale or other disposition of such farm products produced by them at any place, nor shall such municipality prevent the sale of such products by the producer thereof when the said farmer shall have complied with all reasonable regulations for the sale of such products in such municipality.
(Ag. Code 1927, §288; Code 1940, T. 2, §481.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-11 - Applicability of Provisions of Chapter.

Section 2-29-11
Applicability of provisions of chapter.
This chapter shall not apply to the sale of farm products at public auction by an auctioneer acting as the agent of another to whom such farm products shall have been consigned, nor to farm products purchased outright and unconditionally or for cash f.o.b. at point of origin, nor to dealers who buy farm products solely through solicitation by means of circulars or price lists, stating plainly on the face of such literature that they are not commission merchants and do not make a charge against shippers for selling or handling such products and who do not in any fashion solicit farm products on consignment to sell for the account of the shipper.
(Ag. Code 1927, §278; Code 1940, T. 2, §472.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-1 - Creation; Operation; Director; 1890 Administrator.

Section 2-30-1
Creation; operation; director; 1890 administrator.
(a) There shall be a single statewide Alabama Cooperative Extension System operated in connection with Auburn University and A&M University. The system shall be under the administration and supervision of a director, who shall be selected and appointed by the President of Auburn University and the President of Alabama A&M University, with the approval of their respective boards of trustees. The system shall be operated according to the Alabama Cooperative Extension System operational policies and procedures manual which cannot be changed without the consent of both Auburn University and Alabama A&M University. The director shall be an employee of Auburn University and one-half of the salary and benefits paid to the director shall be paid out of any appropriation to the extension system paid to Auburn University and one-half of the salary and benefits paid to the director shall be paid out of any appropriation to the extension system paid to Alabama A&M University.
(b) An 1890 administrator shall be employed by Alabama A&M University and paid from appropriations to the extension system paid to Alabama A&M University. The 1890 administrator shall provide leadership within the system as provided for in the Alabama Cooperative Extension System operational policies and procedures manual. The 1890 administrator shall be selected according to the criteria and procedures stipulated in the Alabama Cooperative Extension System operational policies and procedures manual.
(c) On November 1, 2005, the name of the Alabama Extension Service is changed to the Alabama Cooperative Extension System. All references to the Cooperative Extension Service of Auburn University, Alabama Agricultural Extension Service, or the Alabama Cooperative Extension Service contained in this code are changed to the Alabama Cooperative Extension System. All other laws, rules, regulations, and legal references of any kind to the extension service shall be changed to the Alabama Cooperative Extension System or extension system when this code is next reprinted and, as other laws, rules, regulations, and legal references are appropriate, timely, and economically feasible.
(Code 1940, T. 2, §649, Act 2005-304, 1st Sp. Sess., p. 607, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-2 - Objects, Purposes and Duties of Extension Service.

Section 2-30-2
Objects, purposes and duties of extension service.
The objects, purposes, and duties of the extension system shall be to aid in diffusing among the people of both urban and rural Alabama useful and practical information on subjects relating to agriculture, forestry and natural resources, family and individual well-being, youth development, community and economic development, urban affairs, and other areas as needed. The extension system shall also aid in securing for expenditure in Alabama the full amounts of federal funds appropriated conditionally to Alabama by the Congress of the United States under an act approved May 8, 1914, and generally known as the Smith-Lever Act, for extension work in agriculture and home economics and other supplementary and related acts for extension work in agriculture and home economics.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §650; Act 2005-304, 1st Sp. Sess., p. 607, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-3 - Appointment, Discharge, and Compensation of Employees.

Section 2-30-3
Appointment, discharge, and compensation of employees.
The director, consistent with the respective policies and procedures for the appropriate university, may from time to time appoint, discharge, and fix the compensation of all necessary assistants and employees. The assistants and employees, insofar as their salaries or any part thereof is paid by the State of Alabama, shall be paid out of any appropriations to the extension system.
(Code 1940, T. 2, §651; Act 2005-304, 1st Sp. Sess., p. 607, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-4 - Appropriations.

Section 2-30-4
Appropriations.
Any appropriation made for the annual maintenance and operation of the Alabama Cooperative Extension System shall be paid upon requisition of the appropriate fiscal officer of Alabama A&M University or Auburn University, by warrants drawn by the Comptroller upon the Treasurer.
(Acts 1935, No. 323, p. 750; Code 1940, T. 2, §652; Act 2005-304, 1st Sp. Sess., p. 607, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-20 - Establishment, Maintenance, etc., of Forest Research Program; Establishment of Forestry and Forest Ranger Courses and Expansion of Facilities for Training in Forestry.

Section 2-30-20
Establishment, maintenance, etc., of forest research program; establishment of forestry and forest ranger courses and expansion of facilities for training in forestry.
(a) The Alabama Agricultural Experiment Station of Auburn University shall establish or expand and maintain a forest research program for the state designed to obtain basic and practical information pertaining to greater growth and better quality of timber and more varied and economical uses of forest products. To accomplish these purposes, investigations shall be conducted at the main station at Auburn and at such points throughout the state as may be deemed necessary to determine sound and progressive forest practices for each principal forest type of the state.
(b) The Auburn University shall establish a four-year course in forestry and a forest ranger course, and it shall expand the present facilities for the training in forestry of all agricultural students.
(Acts 1945, No. 294, p. 488, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-21 - Supervision and Control of Research Work.

Section 2-30-21
Supervision and control of research work.
All research work supported by the funds provided in this article shall be done under the supervision and control of the Director of the Alabama Agricultural Experiment Station.
(Acts 1945, No. 294, p. 488, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-22 - Disposition of Revenues From Sale of Timber or Forest Products, Operations of Experimental Forestry Units, Etc.

Section 2-30-22
Disposition of revenues from sale of timber or forest products, operations of experimental forestry units, etc.
Any revenue derived from the sale of timber or forest products or from other proceeds obtained from the operation of experimental forestry units or from the sale of any equipment shall be used for the lines of work authorized by this article.
(Acts 1945, No. 294, p. 488, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-23 - Appropriation of Funds by Counties and Municipalities; Receipt of Donations From Counties, Municipalities, Individuals, Etc.

Section 2-30-23
Appropriation of funds by counties and municipalities; receipt of donations from counties, municipalities, individuals, etc.
(a) County commissions in the several counties of Alabama and municipalities of said state shall have full power and authority to appropriate funds for any of the purposes of this article.
(b) The Board of Trustees of Auburn University is hereby authorized and empowered to receive such donations as are from counties, municipalities, individuals, firms, organizations, corporations and companies for forwarding the purposes of this article.
(Acts 1945, No. 294, p. 488, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-24 - Authorization and Procedure for Condemnation of Lands for Experimental Work in Forestry.

Section 2-30-24
Authorization and procedure for condemnation of lands for experimental work in forestry.
In the event any lands are approved by the Director of the Alabama Agricultural Experiment Station of Auburn University as suitable for experimental work in forestry and any county, municipality, person, firm, corporation or Auburn University is willing to pay the purchase price of said property that it may be donated to such public use and the person owning the same is unwilling to convey the same to Auburn University at a reasonable purchase price, the Governor may proceed to have the same condemned for such public use in the name of the State of Alabama as provided in Chapter 1 of Title 18 of this Code; provided, that no condemnation process authorized by this section shall be begun until the county, municipality, person, firm, corporation or Auburn University undertaking to pay the purchase price shall have entered into an agreement prepared by the Attorney General to promptly pay all judgments, costs and expenses of such condemnation proceedings and shall have given bond in some bonding company authorized to do business in the State of Alabama to faithfully and promptly execute the said agreement. The agreement for which provision is made in this section shall be filed with the Governor and the bond required shall be filed with and approved by the Governor.
(Acts 1945, No. 294, p. 488, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-40 - Creation; Operated in Connection With Auburn University; Director.

Section 2-30-40
Creation; operated in connection with Auburn University; director.
There shall be an Alabama Agricultural Experiment Station System under the charge of and operated in connection with Auburn University, and under the administration and supervision of a director, who shall be appointed by the president, with the approval of the board of trustees thereof, and shall hold office at their pleasure. The salary of the director shall be fixed by the president, with the approval of the board of trustees, and such part thereof as shall be fixed to be paid by the State of Alabama shall be paid out of any appropriation to the experiment station system as other salaries therefrom are paid.
(Code 1940, T. 2, §642.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-41 - Objects, Purposes and Duties of Agricultural Experiment Station System.

Section 2-30-41
Objects, purposes and duties of Agricultural Experiment Station System.
(a) The objects, purposes and duties of the Alabama Experiment Station System are:
(1) To conduct researches, experiments and investigations bearing upon and relating to the production, marketing, manufacturing, use and distribution of agricultural crops and products;
(2) To conduct researches, experiments and investigations for the production, marketing and curing of all kinds of livestock and livestock products that may be sold from or consumed on the farms of Alabama;
(3) To conduct researches, experiments and investigations for the production, culture and use of pasture plants and for the establishment, care, use and management of pastures;
(4) To conduct researches, experiments and investigations for the testing of all kinds of hay, feed and forage crops, including those that may be used for lawns and other sod crop purposes;
(5) To conduct researches, experiments and investigations for the testing of varieties of crops, including soil adaptation and improvement;
(6) To conduct researches, experiments and investigations for the testing of various fertilizers and fertilizer materials on the various soils and for various crops;
(7) To conduct researches, experiments and investigations for the production, marketing, storage and curing of fruit, nut and vegetable crops;
(8) To conduct researches, experiments and investigations for the study of plant and animal diseases and insect pests;
(9) To conduct researches and experiments dealing with forest production, management and use;
(10) To conduct researches dealing with soil erosion and problems arising from the waste of land due to soil erosion;
(11) To conduct researches to discover new uses of land;
(12) To make provision for the necessary land, buildings, fencing, livestock and other physical equipment needed for the research work provided for in this section;
(13) To conduct researches in game and fish production; provided, however, that any researches in game and fish production shall be in cooperation with or upon the advice of the director, so that there may be complete coordination between the work of the Alabama Agricultural Experiment Station System and that of the Department of Conservation and Natural Resources;
(14) To conduct researches in other similar important agricultural and economic problems, having for their object the development of a more permanent, more profitable and diversified agriculture, as future changing agricultural conditions may demand it; and
(15) To provide for the printing of the necessary bulletins, circulars, etc., in order that the citizens of Alabama may be acquainted with the results of said researches.
(b) All appropriations for the experiment station system and its work shall be devoted to these purposes.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §643.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-42 - Experimental Fields.

Section 2-30-42
Experimental fields.
Auburn University, through its director of the experiment station system, is authorized and required to conduct research work in different parts of the state on farms which shall be designated as experimental fields. The director may also conduct such experiments and researches in cooperation with the farmers throughout the state as he may deem necessary and feasible.
(Acts 1935, No. 322, p. 748; Acts 1936-37, Ex. Sess., No. 17, p. 11; Code 1940, T. 2, §645.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-43 - Researches and Experiments Under Supervision of Director; Annual Report.

Section 2-30-43
Researches and experiments under supervision of director; annual report.
All research work and experiments contemplated by the spirit and purpose of this chapter shall be carried out under the supervision of the director of the Alabama Experiment Station System of Auburn University, who shall make a report to the President of Auburn University at the end of each fiscal year.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §646.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-44 - Appointment, Discharge and Compensation of Employees.

Section 2-30-44
Appointment, discharge and compensation of employees.
The director, subject to the approval of the President and Board of Trustees of Auburn University, shall have authority from time to time to appoint, discharge and fix the compensation of all necessary assistants and employees.
(Code 1940, T. 2, §647.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-60 - Created; Objects and Purposes.

Section 2-30-60
Created; objects and purposes.
There is hereby created a central artificial insemination unit to be located at the Alabama Agricultural Experiment Station, Auburn, Alabama.
The objects and purposes of said central artificial insemination unit shall be to increase the milk and butterfat producing capabilities of Alabama dairy cows by means of artificial breeding, to develop improved methods of handling semen and delivering same to cooperating groups of Alabama dairy farmers, to study improvement in Alabama dairy cows resulting from artificial insemination and to print and disseminate the results of such studies and to train technicians to be competent to breed animals artificially.
(Acts 1945, No. 168, p. 284, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-61 - Disposition of Revenues Derived From Sale, etc., of Semen, Bulls, Etc.

Section 2-30-61
Disposition of revenues derived from sale, etc., of semen, bulls, etc.
Any revenue derived from supplying semen to cooperating associations or from the sale of semen to other dairymen or the sale of bulls or equipment shall be applied to any of the lines of work authorized by this article.
(Acts 1945, No. 168, p. 284, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-62 - Supervision of Work Under Chapter.

Section 2-30-62
Supervision of work under chapter.
The production of semen and other lines of work as proposed by the spirit and purpose of this chapter shall be carried out under the supervision of the Director of the Agricultural Experiment Station of Auburn University.
(Acts 1945, No. 168, p. 284, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-1 - Definitions.

Section 2-31-1
Definitions.
When used in this article, unless the context otherwise requires, the following terms shall have the following meanings:
(1) PRODUCER. The owner, tenant, or operator of land in this state who has interest in and who receives all or any part of the proceeds from the sale of the grain produced thereon.
(2) PERSON. Any person, firm, association, corporation or partnership.
(3) GRAIN. Corn, wheat, oats, rye, soybeans, barley, grain sorghums, or other commodities commonly referred to as grain.
(4) GRAIN DEALER. Any person owning, controlling or operating a grain elevator, mill, warehouse or other similar structure or a truck or tractor trailer unit, or both, and engaged in the business of buying or receiving grain from producers for resale, for storage, or for milling or processing or any person commonly referred to as a "grain broker" engaged in the business of buying grain for resale or for milling or processing or soliciting the sale, purchase, exchange or transfer of any grain purchased from the producer thereof, who does not own, control or operate a grain elevator, mill, warehouse or other similar structure or truck or tractor trailer unit used in connection with his grain business. A farmer of grain buying grain for his own use as seed or feed or dealers or processors of seed shall not be considered as being engaged in the business of buying grain for resale or for milling or processing.
(5) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(6) SEPARATE LOCATION. A storage facility separate and apart from other storage facilities owned or controlled by a grain dealer. The storage facility shall be deemed a separate location when the facility is operated or controlled from offices or headquarters different from other storage facilities, even though the grain dealer owns or controls all of the offices or facilities.
(Acts 1981, No. 81-391, p. 611, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-2 - Applicability of This Article.

Section 2-31-2
Applicability of this article.
The provisions of this article shall not apply to persons who buy for cash; that is, those who pay producers at the time of purchase in United States currency or check or their equivalent. Nor shall it apply to public warehouses required to be licensed and bonded under Sections 8-15-1 and 8-15-7.
(Acts 1981, No. 81-391, p. 611, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-3 - License Required; Renewal; Fees.

Section 2-31-3
License required; renewal; fees.
No person may engage in business as a grain dealer in the State of Alabama without a license therefor issued by the commissioner. Application for a license to engage in business as a grain dealer shall be filed with the commissioner and shall be on a form prescribed and furnished by the commissioner. The application shall set forth the name of the applicant, the principal officers, if the applicant is a corporation or the active members of a partnership, the location of the principal office or place of business of the applicant, the location or locations in this state at which the applicant proposes to engage in business as a grain dealer, the kind of grain which the applicant proposes to handle, the type of business which the applicant proposes to conduct, and additional information as the commissioner by regulation may require.
The application for an initial license may be filed at any time prior to beginning business as a grain dealer. The license shall be renewed annually on or before October 1.
The application for a license to operate as a grain dealer as defined in this article, or a renewal thereof, shall be accompanied by a filing fee determined by the amount of grain storage capacity. The filing fee shall be established by the Board of Agriculture and Industries.
A person with no storage capacity is required to pay a $25.00 filing fee. All license fees collected hereunder shall be deposited into the State Treasury to the credit of the Agricultural Fund.
(Acts 1981, No. 81-391, p. 611, §3; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-4 - Surety Bond; Requirements; Waiver of Bond Requirements.

Section 2-31-4
Surety bond; requirements; waiver of bond requirements.
Every person licensed as a grain dealer shall have filed with the department a surety bond for each separate location signed by the dealer as principal and by a responsible company authorized to execute surety bonds within the State of Alabama. Such bond shall be in the principal amount to the nearest $1,000.00 equal to ten percent of the aggregate dollar amount paid by the dealer to producers for grain purchased from them during the 12 month period ending no more than 30 days prior to the time the dealer files to be licensed under this article. Persons who have been in the business of a grain dealer for less than one year are required to only meet minimum bond requirements their first year. Provided, that in any case the amount of the bond shall not be less than $25,000.00 or more than $100,000.00 for each separate location. Provided further, these bond requirements will be waived upon proof to the commissioner that such person is licensed under the United States Department of Agriculture Warehouse Act.
(Acts 1981, No. 81-391, p. 611, §4; Acts 1983, No. 83-566, p. 868, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-5 - Bond Payable to State With Commissioner as Trustee; Beneficiary of Bond; Cancellation; Trust Fund Agreement in Lieu of Bond Requirements.

Section 2-31-5
Bond payable to state with commissioner as trustee; beneficiary of bond; cancellation; trust fund agreement in lieu of bond requirements.
Such bond shall be made payable to the State of Alabama as obligee, with the commissioner as trustee, and shall be conditioned on the grain dealer and his compliance with this article, and shall be for the use and benefit of the producer from whom the grain dealer may purchase grain and who is not paid by such grain dealer, and shall not be cancelled during the period for which the license is issued, except upon at least 60 days notice in writing to the commissioner. In no such event shall the total aggregate liability of surety exceed the face amount of its bond.
In lieu of the above bond requirements a grain dealer may file and maintain a bond equivalent in the form of a trust fund agreement based upon cash, or fully negotiable bonds of the United States government or of the State of Alabama. All other provisions of the above bond requirements shall be applicable to trust fund agreements.
(Acts 1981, No. 81-391, p. 611, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-6 - Fire and Extended Coverage Insurance Required; Certificate Filed With Commissioner; Cancellation.

Section 2-31-6
Fire and extended coverage insurance required; certificate filed with commissioner; cancellation.
Before a license shall be issued to the applicant, he shall file with the commissioner a certificate which shall indicate that he has a fire and extended coverage insurance policy in effect and in amount that shall cover the grain of all depositors while in his custody for the full insurance values against loss or damage by fire, lightning, tornado, cyclones, explosions, windstorms, and such other perils as may be required by statute or the commissioner.
The name and address of the operator and location of each person in the insurance policy shall correspond with the same in the application.
Every fire and extended coverage insurance policy so filed shall contain a provision that it may not be cancelled by the principal or insurance company, except on 90 days prior notice in writing, by certified mail, to the commissioner mailed on the same day to the principal. The cancellation shall not affect the liability accrued or which may accrue under such insurance policy before the expiration of the 90 days. The notice shall contain the termination date.
The grain dealer shall immediately notify all depositors of grain when there is a notice of cancellation of his fire and extended coverage insurance policy, and further, the commissioner shall be responsible to assure notice of insurance cancellation is given to all depositors of grain within 30 days from date of notice from the principal or insurance company.
(Acts 1981, No. 81-391, p. 611, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-7 - Suspension or Revocation of License.

Section 2-31-7
Suspension or revocation of license.
Failure of a grain dealer to file a bond and insurance as hereinafter required to keep such bond and insurance in force shall be grounds for the suspension or revocation of a license issued under this article.
(Acts 1981, No. 81-391, p. 611, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-8 - Action by Commissioner Upon Default.

Section 2-31-8
Action by commissioner upon default.
When the commissioner has determined that a grain dealer has defaulted in payment for grain which he has purchased, the commissioner shall determine through appropriate procedures the producers and the amount of defaulted payment and as trustee of the bond shall immediately after such determination to those who should receive the benefits. Should the defaulted amount be less than the principal amount of the bond or bonds then the surety shall be obligated to pay only the amount of the default.
(Acts 1981, No. 81-391, p. 611, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-9 - Issuance or Renewal of License by Commissioner; Posting of License and Certificate.

Section 2-31-9
Issuance or renewal of license by commissioner; posting of license and certificate.
If the commissioner is satisfied that the applicant is of good business reputation and if the bond filed by the applicant is approved the commissioner shall issue a license to the applicant or shall renew the applicant's license.
Each person issued a license by the commissioner under this section shall post such license in the principal office of the grain dealer in this state. A certificate shall be posted in each location where the licensee engages in the business of buying grain in the State of Alabama. Upon request by the licensee and a payment of a $10.00 fee therefor, the commissioner shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this article.
(Acts 1981, No. 81-391, p. 611, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-10 - Inspection; Examination of Books, Records, etc.; Reports to Be Filed by Grain Dealers.

Section 2-31-10
Inspection; examination of books, records, etc.; reports to be filed by grain dealers.
The commissioner, through his employees, may inspect the premises used by any grain dealer in the conduct of his business at any time and the books, accounts, records, and papers of every such grain dealer shall at all times during business hours be subject to inspection by the department. Each grain dealer may also be required to make such reports of his activities, obligations and transactions as deemed necessary by the commissioner as set forth in the rules and regulations.
(Acts 1981, No. 81-391, p. 611, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-11 - Refusal, Suspension or Revocation of License - Written Notice.

Section 2-31-11
Refusal, suspension or revocation of license - Written notice.
The commissioner may, upon his own motion or upon the verified complaint in writing of any producer setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this article, investigate the actions of any applicant or any person or persons applying for, holding or claiming to hold a license, and upon 10 days written notice the commissioner may suspend, revoke, or fail to renew the license of the grain dealer. This notice shall specify the exact grounds depended upon by the commissioner for his action.
(Acts 1981, No. 81-391, p. 611, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-12 - Refusal, Suspension or Revocation of License - Contesting; Hearing.

Section 2-31-12
Refusal, suspension or revocation of license - Contesting; hearing.
The grain dealer, after being notified of the commissioner's decision to suspend, revoke, refuse to renew or refuse to initially issue a license may request a hearing before the commissioner concerning his action. Said request for hearing must be in writing and if the action taken by the commissioner is revocation, suspension or failure to renew an existing license, said written request for a hearing, submitted by the grain dealer, if received by the commissioner within 10 days after his notification to the grain dealer, the intended action by the commissioner shall be stayed pending the outcome of the hearing. Failure of the grain dealer to submit written request for a hearing within 10 days after receiving notification of the commissioner's action will, in the discretion of the commissioner, be grounds for not staying the action of the commissioner in suspending, revoking or failing to renew the license.
(Acts 1981, No. 81-391, p. 611, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-13 - Refusal, Suspension or Revocation of License - Procedure; Hearings.

Section 2-31-13
Refusal, suspension or revocation of license - Procedure; hearings.
The above hearing shall be formal and shall be held no less than 10 days after notice is given to the grain dealer of the hearing nor more than 30 days after the commissioner has received the request for the hearing.
The commissioner or his designated representative shall preside over the hearing and it shall be the burden of the grain dealer to show that the grounds set out in the commissioner's letter of revocation, suspension or failure to renew would not constitute grounds to support the action taken by the commissioner. In this hearing and all other hearings and matters contemplated under the laws which the commissioner is responsible for regulation, he shall act in a quasi-judicial capacity.
Sworn testimony will be heard and any evidence whether hearsay or not, of probative value will be admissible at the hearing.
Any producer, at the discretion of the commissioner demonstrating a pecuniary interest in the outcome of the hearing may be allowed to intervene as a party to the hearing. Any party to the hearing may either represent himself or be represented by counsel. Formal rules of pleading or evidence shall not be required at the hearing but the guidelines set out for an administrative board hearing by the appellant courts of Alabama shall be followed so long as they do not conflict with the provisions of this article or other laws, the responsibility of the commissioner for enforcement or regulation.
(Acts 1981, No. 81-391, p. 611, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-14 - Issuance of Subpoenas; Compensation and Allowances of Witnesses; Administration of Oaths.

Section 2-31-14
Issuance of subpoenas; compensation and allowances of witnesses; administration of oaths.
The commissioner is authorized to issue subpoenas and to bring before the department any person or persons in the state and to take testimony either orally or by deposition or by exhibit with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings and civil cases in the circuit courts of the state. The commissioner is authorized to issue subpoenas duces tecum on any or all records. The commissioner or his designee may administer oaths to witnesses at any hearing which the department is authorized by law to conduct.
(Acts 1981, No. 81-391, p. 611, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-15 - Judicial Review of Ruling of Commissioner; Appeal From Circuit Court.

Section 2-31-15
Judicial review of ruling of commissioner; appeal from circuit court.
Within 10 days after the conclusion of the hearing the commissioner shall notify all parties of his ruling. Said notification shall be in writing. Within 30 days after notification any party may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal shall be heard only on the certified record of the hearing and the commissioner's ruling shall be considered prima facie just and correct and shall not be overturned unless the circuit court finds that the commissioner's action was arbitrary and capricious, not supported by the weight of the evidence or that the commissioner erred to the prejudice of the appellant's substantial rights in his application of the law.
Appeals from action by the circuit court shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be required of the commissioner.
(Acts 1981, No. 81-391, p. 611, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-16 - Rules and Regulations.

Section 2-31-16
Rules and regulations.
The commissioner, under the provisions and requirements of Section 2-2-16, is authorized to promulgate such rules and regulations as may be necessary to carry out the intent and purpose of this article.
(Acts 1981, No. 81-391, p. 611, §16.)