reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-9 - Permit - Issuance; Term; Expiration Date.

Section 8-15-9
Permit - Issuance; term; expiration date.
(a) Upon the filing and approval of a bond with the Commissioner of Agriculture and Industries, the commissioner must issue a permit which will authorize the applicant to operate a public warehouse at the place, building, structure, or enclosure named in the application upon such applicant's securing from the probate judge of the county a license required by law to transact such business.
(b) Such permit shall not be issued for a longer period than one year and shall expire on July 31 next after the issuance thereof.
(Ag. Code 1927, §395; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §575; Acts 1945, No. 476, p. 708.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-10 - Permit - Penalty for Operating Without Permit; Disposition of Proceeds From Penalties.

Section 8-15-10
Permit - Penalty for operating without permit; disposition of proceeds from penalties.
(a) Any person operating a public warehouse without a permit required by this chapter shall be subject to a penalty of not over $1,000, which may be collected in a civil action instituted at the instance of the Governor, the Attorney General or the Commissioner of Agriculture and Industries.
(b) All moneys received from the collection of such penalty shall accrue to the Agricultural Fund.
(Ag. Code 1927, §407; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §586.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-11 - Inspection of Warehouses by Commissioner and Agents.

Section 8-15-11
Inspection of warehouses by commissioner and agents.
(a) The Commissioner of Agriculture and Industries and his duly authorized agents or employees shall have full power and authority to inspect public warehouses, to audit the books thereof, to check the articles or goods stored with the records or receipts, and to exercise such other power relative to public warehouses as is necessary to ascertain whether or not the business is conducted in such a manner as to protect the interest of the persons who are storing, or may store, articles in such warehouse.
(b) The inspectors, when instructed by the Commissioner of Agriculture and Industries, shall make sworn reports of their findings, within 10 days after the completion of the work assigned, to the commissioner, who shall hold and keep same in the records of his office. Such reports, when sworn to, shall be public records and shall be prima facie evidence of what they charge.
(c) Such inspections shall be made at least twice between October 1 and September 30 in each fiscal year.
(Ag. Code 1927, §397; Acts 1935, No. 148, p. 192; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §577.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-12 - Investigation of Complaints Against Warehouse.

Section 8-15-12
Investigation of complaints against warehouse.
Upon the filing of a complaint in writing by any person with the Commissioner of Agriculture and Industries setting forth a violation of the laws or rules and regulations relating to the operation of a public warehouse, setting forth that the warehouse building, structure, or protected enclosure is not reasonably suitable or adequate for the purpose for which it is used, setting forth facts showing that there is a shortage of the articles which have been stored in said warehouse, setting forth any other facts showing that the interests of the persons who have stored, or who may store, articles in such warehouse are jeopardized or are not properly safeguarded and protected or where such facts are ascertained by the commissioner by an investigation upon his own initiative, or otherwise, the commissioner must make an investigation to ascertain whether or not the facts alleged in the complaint are true or whether or not there is reasonable cause to believe such facts to be true.
(Ag. Code 1927, §398; Acts 1935, No. 13, p. 12; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §578.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-15 - Issuance of Receipt by Warehouseman.

Section 8-15-15
Issuance of receipt by warehouseman.
Every public warehouseman receiving property of any kind for safekeeping must issue, on delivery to him or it of such property, in favor of the person from whom received, a receipt therefor, which shall comply with the requirements of the laws of this state.
(Ag. Code 1927, §403; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §582.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-16 - When Receipt to Be Endorsed "Stored in the Open".

Section 8-15-16
When receipt to be endorsed "Stored In The Open".
Whenever any public warehouseman accepts for storage any cotton or other article of value and keeps or stores the same where it is exposed to weather conditions or in any place except within the warehouse, there shall be endorsed on the warehouse receipt given for such cotton or other article the words "Stored In The Open" in such manner as may be prescribed by the rules and regulations promulgated by the State Board of Agriculture and Industries.
(Ag. Code 1927, §404; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §583.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-17 - Insurance Requirement and Liability of Warehouseman for Articles Not Stored in Warehouse.

Section 8-15-17
Insurance requirement and liability of warehouseman for articles not stored in warehouse.
(a) A public warehouseman who stores cotton or other article in the open or in any place except in the warehouse shall keep the same insured against destruction or injury by fire and shall be responsible and liable for all injury or damage suffered from the weather or any other cause by reason of the cotton or other article being stored in the open or in any other place except in the warehouse.
(b) Such warehouseman shall also have the same responsibility and liability for the cotton or other article as if the same was stored or kept in the warehouse. The warehouseman's bond shall also cover all duties and liabilities of a warehouseman imposed by this section and Section 8-15-16.
(Ag. Code 1927, §405; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §584.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-18 - Insurance of Stored Cotton and Other Raw Agricultural Commodities.

Section 8-15-18
Insurance of stored cotton and other raw agricultural commodities.
The Commissioner of Agriculture and Industries shall have power to require that all bales of cotton or other raw agricultural commodities, accepted for storage by a public warehouseman, other than cotton moving in transit to a compress to be compressed, shall be insured against destruction, damage by fire, and other hazards, or perils that could be incurred by such warehouseman, unless otherwise instructed in writing by the bailor.
(Ag. Code 1927, §406; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §585; Acts 1981, No. 81-693, p. 1165, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-30 - Short Title.

Section 8-15-30
Short title.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-31 - Definitions.

Section 8-15-31
Definitions.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-32 - Vesting of Care, Control, etc., of Stored Property in Occupant; Determination of Risk of Loss.

Section 8-15-32
Vesting of care, control, etc., of stored property in occupant; determination of risk of loss.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-33 - Lien of Owner, etc., of Self-Service Storage Facility Upon Personal Property Located at Facility.

Section 8-15-33
Lien of owner, etc., of self-service storage facility upon personal property located at facility.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-34 - Satisfaction of Owner's Lien.

Section 8-15-34
Satisfaction of owner's lien.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-35 - Posting of Notice as to Effect of Failure to Pay Charges.

Section 8-15-35
Posting of notice as to effect of failure to pay charges.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-36 - Rights Provided by Article as Additional to Other Rights Allowed by Law.

Section 8-15-36
Rights provided by article as additional to other rights allowed by law.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-37 - Effect of Other Laws Governing Rights of Creditors and Landlords Against Debtors and Tenants.

Section 8-15-37
Effect of other laws governing rights of creditors and landlords against debtors and tenants.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-38 - Applicability of Article.

Section 8-15-38
Applicability of article.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-42 - Use of Leased Space for Residential Purposes Prohibited.

Section 8-15-42
Use of leased space for residential purposes prohibited.
(a) An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.
(b) An occupant shall not use a leased space for residential purposes.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-43 - Access for Inspection or Repair of Leased Space.

Section 8-15-43
Access for inspection or repair of leased space.
An occupant, upon reasonable request from the operator, shall allow the operator to enter a leased space for the purpose of inspection or repair. If an emergency occurs, an operator may enter a leased space for inspection or repair without notice to or consent from the occupant.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-44 - Lien of Operator, etc., of Self-Service Storage Facilty Upon Personal Property Located at Facility.

Section 8-15-44
Lien of operator, etc., of self-service storage facilty upon personal property located at facility.
(a) The operator of a self-service storage facility and the heirs, executors, administrators, successors, and assigns of the operator shall have a lien upon all of the personal property of an occupant located at the self-service storage facility for delinquent rent, late fees, labor, or other charges incurred pursuant to a rental agreement and for expenses incurred for preservation, sale, or disposition of the personal property. The lien provided for in this section is superior to any other lien or security interest, except for a tax lien as otherwise provided by law.
(b) The lien described in subsection (a) attaches on the date on which personal property is placed in a leased space.
(c) The rental agreement shall contain a statement, in bold type, advising the occupant of all of the following:
(1) The existence of the lien.
(2) That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default.
(3) That the occupant must disclose any lienholders with an interest in property that is stored or will be stored in the leased space.
(d) If the rental agreement specifies a limit on the value of personal property that the occupant may store in the leased space, the limit shall be deemed to be the maximum value of the personal property in the leased space of the occupant.
(e) The rental agreement may provide for a reasonable late fee when the occupant is in default. A monthly late fee of twenty dollars ($20) or 20 percent of the monthly rental amount, whichever is greater, shall be considered reasonable and is not a penalty.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-45 - Default by Occupant - Denial of Access; Removal and Disposition of Personal Property.

Section 8-15-45
Default by occupant - Denial of access; removal and disposition of personal property.
If the occupant is in default, the operator may deny the occupant access to the leased space at the self-service storage facility. The operator may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-47 - Risk of Loss or Damage to Personal Property.

Section 8-15-47
Risk of loss or damage to personal property.
Unless the rental agreement specifically provides otherwise and until a lien sale is conducted under Section 8-15-46, the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant, and the occupant shall bear all risks of loss or damage to that personal property.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-48 - Rights Provided by Article as Additional to Other Rights Allowed by Law.

Section 8-15-48
Rights provided by article as additional to other rights allowed by law.
This article does not impair the power of the parties to a rental agreement to create rights, duties, or obligations in the rental agreement. The rights provided to an operator by this article are in addition to all other rights provided by law to a creditor against a debtor or to a landlord against a tenant.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-49 - Applicability of Article.

Section 8-15-49
Applicability of article.
This article shall apply to all rental agreements entered into, extended, or renewed after October 1, 2021.
(Act 2021-183, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-1 - Definitions.

Section 8-16-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) REGISTERED SERVICE AGENT. Any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind, services, repairs, or reconditions any weighing or measuring devices, and that registers with the Commissioner of Agriculture and Industries.
(2) SELL or SALE. Such terms shall include barter and exchange.
(3) WEIGHTS, MEASURES or WEIGHING OR MEASURING DEVICES. Such terms include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing, or measuring, and any appliances and accessories connected with any or all such instruments.
(Ag. Code 1927, §241; Code 1940, T. 2, §600; Act 2013-212, p. 485, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-2 - Standard Measure of Length, Surface, Weight, and Capacity.

Section 8-16-2
Standard measure of length, surface, weight, and capacity.
There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of capacity for dry substances throughout this state, which must be in conformity with the standard measure of length, surface, weight, and capacity established by Congress. Any firm, association, corporation, or person selling, offering, or exposing for sale any commodity by weight or measure which does not correspond with such standard or measure is guilty of a misdemeanor.
(Ag. Code 1927, §228; Code 1940, T. 2, §587.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-3 - Standards Approved by Congress to Be State Standards.

Section 8-16-3
Standards approved by Congress to be state standards.
The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards shall be the state standards by which all state, county, and municipal standards of weights and measures shall be tried, proved, and sealed.
(Ag. Code 1927, §230; Code 1940, T. 2, §589.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-4 - Contracts Construed According to Standards Ascertained by Congress.

Section 8-16-4
Contracts construed according to standards ascertained by Congress.
All contracts made within this state for any work to be done or for anything to be sold or delivered must be construed to have been according to the standard of weight and measure ascertained by Congress, unless the parties stipulate to the contrary.
(Ag. Code 1927, §229; Code 1940, T. 2, §588.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-6 - Duties Generally of Commissioner Respecting Weights and Measures.

Section 8-16-6
Duties generally of commissioner respecting weights and measures.
With respect to weights and measures, the Commissioner of Agriculture and Industries shall have the following duties:
(1) To try and prove by the state standards, at least once in five years, all weights, measures, and other apparatus which may belong to any county or city and shall seal such when found to be accurate, stamping on them the letter "A" and the last two figures of the year with seals which he or she shall have and keep for that purpose.
(2) To have and keep a general supervision of the weights, measures, and weighing and measuring devices offered for sale, sold, or in use in the state.
(3) Upon the written request of any citizen, firm, corporation, or educational institution in the state, to test or calibrate weights, measures, weighing, or measuring devices, and instruments or apparatus used as standards in this state.
(4) To assure that at least once annually all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the Legislature are inspected, and report in writing his or her findings through the supervisory board and to the executive officer of the institution concerned. At the request of such board or executive officer, the Commissioner of Agriculture and Industries shall appoint in writing one or more employees then in the actual service of each institution who shall act as special deputy or deputies, without extra compensation, for the purpose of checking the receipts and disbursements of supplies.
(5) To include a report of the work done by his or her office in his or her general report to the State Board of Agriculture and Industries.
(6) To inspect all standards and apparatus used by the counties and cities at least once in five years and shall keep a record of the same.
(7) At least once in five years, to visit the various cities and counties of the state in order to inspect the work of the local sealers of weights and measures.
(8) To issue from time to time regulations for guidance for city and county sealers, and the regulations shall govern the procedure to be followed by these officers in the discharge of their duties.
(Ag. Code 1927, §232; Code 1940, T. 2, §591; Act 2013-212, p. 485, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-8 - Weights or Measures Corresponding With Standards to Be Sealed or Marked.

Section 8-16-8
Weights or measures corresponding with standards to be sealed or marked.
Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares weights, measures or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weight, measure or weighing or measuring device with appropriate devices to be approved by the commissioner.
(Ag. Code 1927, §237; Code 1940, T. 2, §596.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-9 - Condemnation, Repair, etc., of Nonstandard Weights and Measures.

Section 8-16-9
Condemnation, repair, etc., of nonstandard weights and measures.
(a) The Commissioner of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize, and may destroy weights, measures, or weighing or measuring devices which are false, fraudulent, or cannot be made to conform to the legal standards. They shall condemn and mark or tag as "condemned for repairs" such weights, measures, or weighing, or measuring devices which are found incorrect and yet, in their best judgment, may be repaired.
(b) The owners or users of any weights, measures, or weighing or measuring devices which have been condemned for repairs shall have the same repaired and corrected within 10 days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commissioner of Agriculture and Industries or local sealer of weights and measures. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required above shall be confiscated by such commissioner or sealer.
(Ag. Code 1927, §238; Code 1940, T. 2, §597.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-10 - Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity.

Section 8-16-10
Seizure for evidence of incorrect, false, or unsealed weight, measure, device, package, or commodity.
The Commissioner of Agriculture and Industries or any local sealer of weights and measures is authorized and empowered to seize for use as evidence, without formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring device, package, or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of the law.
(Ag. Code 1927, §239; Code 1940, T. 2, §598.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-11 - Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; Power of Arrest.

Section 8-16-11
Powers of sheriff conferred upon commissioner and sealers; exhibition of badges; power of arrest.
There is conferred upon the Commissioner of Agriculture and Industries and local sealers of weights and measures the same powers in their respective jurisdictions as are possessed by sheriffs of this state for the purpose of carrying out the provisions of this chapter only. In the exercise of their duties they shall exhibit their badges to any person questioning their authority upon demand. They are authorized and empowered to make arrests of any person violating any provisions of this chapter.
(Ag. Code 1927, §240; Code 1940, T. 2, §599.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-12 - Possession of Altered, etc., Weight, Measure or Device Prima Facie Evidence of Guilt.

Section 8-16-12
Possession of altered, etc., weight, measure or device prima facie evidence of guilt.
In all prosecutions for the violation of any laws relating to weights and measures, the possession of a weight, measure or weighing or measuring device which has been altered, changed or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, thing or service shall be prima facie evidence of the guilt of the person having the same in possession.
(Ag. Code 1927, §244; Code 1940, T. 2, §602.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-13 - Existence of Weights, Measures or Devices in Place of Sale, etc., Presumptive Proof of Use and Ownership.

Section 8-16-13
Existence of weights, measures or devices in place of sale, etc., presumptive proof of use and ownership.
For the purposes of this article, proof of the existence of weights, measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on shall be presumptive proof of their regular use for such purposes and of their ownership by the person so using or possessing them, and such fact shall be deemed to remain established until disproved beyond reasonable doubt.
(Ag. Code 1927, §263; Code 1940, T. 2, §619.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-15 - Rules and Regulations; Fees.

Section 8-16-15
Rules and regulations; fees.
(a) The Board of Agriculture and Industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations for the better enforcement of the provisions of law relative to weights and measures and the sale of commodities, things, or service by weight or measure, and to establish a fee payable annually by all individuals or entities subject to this section not to exceed one hundred fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection fee for those individuals and entities utilizing measuring devices measuring 30 pounds or less shall be based upon a sliding scale broken into 5 categories based upon the total dollar volume of each individual or entity with the minimum rate not to exceed twenty-five dollars ($25) and the maximum not to exceed one hundred fifty dollars ($150).
(b) The board shall prescribe specifications as to the type of make-up and reasonable variations or tolerances for all weights, measures, and weighing and measuring devices used, offered, exposed for sale, sold, or given away in the state.
(c) Any weight, measure, or weighing or measuring device which does not comply with these specifications or does not conform with the state's standards within such tolerances shall be a false and incorrect weight, measure, or weighing or measuring device.
(d) The board shall prescribe reasonable rules and regulations for the submission of samples and the examination of type and approval or disapproval of all types of weights or measures or weighing or measuring devices used, offered, or exposed for sale or given away in the state.
(Ag. Code 1927, §259; Code 1940, T. 2, §616; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-16 - Standards for Containers of Farm Products - Duty to Establish.

Section 8-16-16
Standards for containers of farm products - Duty to establish.
It shall be the duty of the State Board of Agriculture and Industries to fix and promulgate official standards for containers of farm products and to change any of them from time to time as may be found necessary.
(Ag. Code 1927, §260; Code 1940, T. 2, §617.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-17 - Standards for Containers of Farm Products - Adoption of Federal Standards.

Section 8-16-17
Standards for containers of farm products - Adoption of federal standards.
The State Board of Agriculture and Industries is authorized to fix and promulgate as the official standards for this state, for any container for any agricultural product, the standard for such product which may have been promulgated or announced therefor under the authority of the Congress of the United States. In carrying out the provisions of this section the Commissioner of Agriculture and Industries is authorized to cooperate with the United States government, or any department thereof, in accomplishing the matters and things referred to in this section.
(Ag. Code 1927, §258; Code 1940, T. 2, §615.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-18 - Penalties for Violation of Chapter.

Section 8-16-18
Penalties for violation of chapter.
(a) Any person violating any provision of this chapter or the rules and regulations issued hereunder shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this chapter, shall be fined not more than $500 and may also be sentenced to hard labor for not more than six months.
(b) In addition to the criminal penalty provided for in subsection (a), the Board of Agriculture and Industries may adopt a schedule of civil fines for violations of this chapter. All fines collected under this chapter shall be deposited into the Agricultural Fund in the State Treasury.
(Ag. Code 1927, §611; Code 1940, T. 2, §12; Act 2013-212, p. 485, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-30 - Appointment; Qualifications; Keeping of Standards and Apparatus by Cities and Counties.

Section 8-16-30
Appointment; qualifications; keeping of standards and apparatus by cities and counties.
(a) The county commission of each county and the mayor or other governing body of any city may appoint for their respective county or city one or more sealers of weights and measures; provided, however, that two or more counties may appoint jointly for their counties a sealer, subject to the approval of the Commissioner of Agriculture and Industries; provided further, that any county and any city within the county may jointly appoint a sealer of weights and measures, subject to the approval of the commissioner.
(b) No person shall be appointed as local sealer of weights and measures until he has received a certificate from the Commissioner of Agriculture and Industries showing that such person had the qualifications required by the State Board of Agriculture and Industries.
(c) All such counties or cities appointing a sealer of weights and measures shall keep at all times, at the expense of the county or city, or both, such standards and apparatus of such material and construction as the Commissioner of Agriculture and Industries may direct. All such standards and apparatus, having been tried and accurately proven, shall be sealed and certified to by the commissioner as provided for in this chapter, and shall be then preserved by the county or city sealer as public standards for such county or city.
(Ag. Code 1927, §233; Code 1940, T. 2, §592.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-31 - Term of Office; Salary; Removal; Bond.

Section 8-16-31
Term of office; salary; removal; bond.
(a) Local sealers of weights and measures shall hold office for such terms and receive such salaries as the appointing power may prescribe.
(b) The salary shall be paid out of the county or city treasury, as the case may be, and no fee shall be charged by the local sealer or by the county or city for inspecting, testing or sealing of weights, measures or weighing or measuring devices.
(c) Local sealers may be removed at any time by the authority which appointed them for nonfeasance, misfeasance or malfeasance in office.
(d) The local sealer shall forthwith on his appointment give a bond in such penal sum with such surety as is approved by the appointing power for the faithful performance of the duties of his office.
(Ag. Code 1927, §234; Code 1940, T. 2, §593.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-32 - Records and Reports.

Section 8-16-32
Records and reports.
(a) A local sealer of weights and measures shall keep a complete record of all of his official acts and shall make an annual report duly sworn to on October 1 to the Commissioner of Agriculture and Industries on blanks to be furnished by the commissioner, which report shall be included in the commissioner's general report to the State Board of Agriculture and Industries.
(b) Local sealers shall make such reports to the appointing power as may be designated by the appointing power.
(Ag. Code 1927, §235; Code 1940, T. 2, §594.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-50 - Appointment; Oath; Certificate of Appointment.

Section 8-16-50
Appointment; oath; certificate of appointment.
(a) Any person engaged in the business of weighing for hire who shall weigh or measure any commodity, produce or article and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce or article is based shall be known as a public weighmaster. All public weighmasters shall be appointed by the Commissioner of Agriculture and Industries.
(b) Persons not engaged in the business of weighing for hire, but to whom the services of a certified weigher are necessary for the proper conduct of any business in which they may be engaged, may, upon application to the commissioner, have one or more of their employees, or some other suitable person, designated by the commissioner to act as weighmaster for such persons.
(c) Each weighmaster shall make oath faithfully to execute his trust as a weighmaster before entering upon his duties.
(d) The Commissioner of Agriculture and Industries shall issue a certificate of such appointment or designation and shall keep a record of the same.
(Ag. Code 1927, §256; Code 1940, T. 2, §621.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-51 - Rules and Regulations; Fees.

Section 8-16-51
Rules and regulations; fees.
(a) The term of appointment for weighmasters shall be for one year.
(b) A fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), which shall accrue to the Agricultural Fund, shall be paid to the Commissioner of Agriculture and Industries by each person appointed or designated as weighmaster.
(c) Provided, however, any weighmaster whose term of appointment has not expired on or after July 30, 1979, shall not be required to pay the increased permit fee during such term.
(Ag. Code 1927, §274; Code 1940, T. 2, §630; Acts 1979, No. 79-612, p. 1083; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-52 - Bond.

Section 8-16-52
Bond.
Repealed by Act 2012-399, §1, effective May 14, 2012.
(Ag. Code 1927, §275; Code 1940, T. 2, §631.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-53 - Rights and Duties; Compensation Not to Be Paid by State.

Section 8-16-53
Rights and duties; compensation not to be paid by state.
The rights and duties of all weighmasters shall be prescribed by the Commissioner of Agriculture and Industries with the approval of the State Board of Agriculture and Industries. Such weighmasters shall not receive compensation from the state for the duties so performed.
(Ag. Code 1927, §266; Code 1940, T. 2, §622.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-54 - Seal.

Section 8-16-54
Seal.
(a) It shall be the duty of every weighmaster in this state to provide himself with a seal at his own expense which shall have inscribed on the outer margin thereof his name and the word "Alabama," with the words "Public Weigher" inscribed in the center of such seal.
(b) Such seal shall be impressed upon each and every weight certificate issued by such weighmaster, and such seal, when applied to weight certificates, shall be a recognized authority of accuracy.
(Ag. Code 1927, §268; Code 1940, T. 2, §624.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-55 - Records.

Section 8-16-55
Records.
All public weighmasters shall keep and preserve correct and accurate records of all public weighings as provided by this article, which records shall be open at all times for inspection by the Commissioner of Agriculture and Industries or his assistants.
(Ag. Code 1927, §269; Code 1940, T. 2, §625.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-56 - Weight Certificate Form; Certificate Deemed Prima Facie Evidence of Weight.

Section 8-16-56
Weight certificate form; certificate deemed prima facie evidence of weight.
(a) The Commissioner of Agriculture and Industries shall prescribe the form of weight certificate to be used by all public weighmasters in this state.
(b) Such certificate shall state thereon the kind of commodity, produce or article, the number of units of the same, the date of the receipt of the commodity, produce or article, the owner, agent or consignee, the total weight of the commodity, produce or article, the vessel, railroad, team, truck or other means by which the commodity, produce or article was received, any trade or other mark thereon and such other information as may be necessary to distinguish or identify the commodity, produce or article from a like kind.
(c) No certificate other than the one prescribed in this section shall be used by any public weighmaster in this state, and when so made and properly signed, such certificates shall be a prima facie evidence of such weights.
(Ag. Code 1927, §267; Code 1940, T. 2, §623.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-57 - Certificates to Contain Accurate Weight.

Section 8-16-57
Certificates to contain accurate weight.
All certificates of weights and measures, as provided by this article, shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster.
(Ag. Code 1927, §270; Code 1940, T. 2, §626.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-58 - Reweighing of Certified Commodity, Produce or Article.

Section 8-16-58
Reweighing of certified commodity, produce or article.
When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity, produce or article for which a certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee, upon complaint to the Commissioner of Agriculture and Industries or his assistants, may have such amount or part of the amount of any commodity, produce or article reweighed by the commissioner, his assistants or a public weighmaster designated by him, the services for which reweigh, when performed by the commissioner or his assistants, shall be gratis.
(Ag. Code 1927, §273; Code 1940, T. 2, §629.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-59 - False Certificates.

Section 8-16-59
False certificates.
Any weighmaster who shall issue a certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him or his representative to any person shall be guilty of a misdemeanor. In addition thereto, he shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall be turned over to the Commissioner of Agriculture and Industries.
(Ag. Code 1927, §271; Code 1940, T. 2, §627.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-70 - Appointment.

Section 8-16-70
Appointment.
(a) The Commissioner of Agriculture and Industries is authorized to designate and appoint any competent employee or agent of the State Department of Agriculture and Industries or United States Department of Agriculture to weigh or supervise the weighing of any agricultural commodities which are to be sold on the basis of weight; and such employees or agents so appointed may be designated or appointed by the commissioner as public weighmasters; provided, that such employees or agents shall comply with all of the provisions of this article required for the appointment of weighmasters.
(b) Weight certificates issued by such employees appointed under this section shall be issued in accordance with the provisions and requirements of this article governing public weighmasters.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-71 - Fees and Charges for Weighing Agricultural Commodities; Disposition of Collected Amounts.

Section 8-16-71
Fees and charges for weighing agricultural commodities; disposition of collected amounts.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may fix, assess and collect, or cause to be collected, fees and charges for weighing services furnished by the Department of Agriculture and Industries through services furnished by duly appointed weighmasters as authorized under Section 8-16-70, and all amounts collected therefor shall be deposited into the Shipping Point Inspection Fund of the State Treasury. No amounts collected under this section shall accrue or be paid to the employee or agent of the Department of Agriculture and Industries, as all such amounts are required to be deposited into the State Treasury to the credit of the Shipping Point Inspection Fund.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-72 - Rules and Regulations for Weighing Agricultural Commodities.

Section 8-16-72
Rules and regulations for weighing agricultural commodities.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may adopt and promulgate reasonable rules and regulations to carry out the provisions of this division, to the end that persons, firms, corporations, or associations may be furnished with accurate weighing services by the Department of Agriculture and Industries where such services are required for the sale of agricultural commodities.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §3.)