reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-4 - Requirements as to Labeling; False or Misleading Statements on Package Labels; Delivery Slips, etc., Prohibited.

Section 2-23-4
Requirements as to labeling; false or misleading statements on package labels; delivery slips, etc., prohibited.
(a) Agricultural liming materials sold or offered for sale in this state for use herein or sold for importation into this state for use herein shall have affixed to each container in a conspicuous manner on the outside thereof a clearly legible printed or stamped label, tag, or statement or, in the case of bulk sales, a delivery slip, setting forth at least all of the following information:
(1) The name and principal office of the manufacturer, processor, or distributor.
(2) The brand name of the material.
(3) The identification of the product as to the type of agricultural liming material, as defined in Section 2-23-2.
(4) The minimum percent guaranteed by weight passing through U.S. standard sieves as prescribed by rules of the board.
(5) The minimum guaranteed calcium carbonate equivalent.
(6) The minimum guaranteed content of elemental magnesium (Mg) if claimed.
(7) The minimum guaranteed content of available potassium (K2O) or phosphorus (P2O5), or both, if claimed.
(8) The maximum water content.
(9) Net weight.
(10) The relative neutralizing value (RNV) as determined by the following formula:
RNV=CCE x [(0.5 x A) + (1 x B)], where A is the percent of lime passing through a 10-mesh screen, but not a 60-mesh screen, and B is the percent of lime passing through a 60-mesh screen.
(b) No information or statement shall appear on any package label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of any agricultural liming material.
(Acts 1975, No. 1190, §4; Act 2021-321, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-6 - Inspection, Sampling, Analysis, etc., of Agricultural Liming Materials by Commissioner; Right of Entry Upon Public or Private Premises, etc., of Commissioner.

Section 2-23-6
Inspection, sampling, analysis, etc., of agricultural liming materials by commissioner; right of entry upon public or private premises, etc., of commissioner.
(a) It shall be the duty of the commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural liming materials distributed within this state as he may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this act or regulations promulgated hereunder.
(b) The commissioner, individually or through his agents, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming materials subject to the provisions of this chapter and regulations pertaining thereto and to the records relating to their distribution.
(c) In the case of out-of-state manufacturers or distributors of agricultural liming materials, sampling and inspections will be made at points of delivery or elsewhere in Alabama.
(d) The methods of analysis and sampling shall be those approved by the board and shall be guided by procedures of the Association of Official Analytical Chemists. The analysis, test and sampling of agricultural liming materials shall be made and conducted in accordance with and subject to the provisions and requirements of Article 2 of Chapter 2 of this title.
(Acts 1975, No. 1190, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-7 - Assessment of Penalties Against Manufacturers, Distributors, etc., for Deficiencies in Agricultural Liming Materials.

Section 2-23-7
Assessment of penalties against manufacturers, distributors, etc., for deficiencies in agricultural liming materials.
The board shall have authority by rules and regulations duly adopted, as provided in this section, to provide for the assessment of penalties to be assessed against a manufacturer, distributor or other seller responsible for such deficiency of any agricultural liming material where such material is determined by analysis to be deficient in its calcium carbonate equivalent, magnesium, available potassium, available phosphorous, excessive moisture content, fineness or other minimum standards as may be established by the board for the manufacture, distribution or sale of agricultural liming materials with reasonable tolerances to be specified in such standards. Such rules and regulations as may be adopted under this section relating to the assessment of monetary penalties shall provide for the payment thereof to the purchaser-user of the liming materials; and, in the event such purchaser-user cannot be found, then payment of the amount of such penalty shall be made to the commissioner for deposit in the State Treasury to the credit of the Agricultural Fund.
(Acts 1975, No. 1190, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-8 - Sale or Offer for Sale of Agricultural Liming Materials Not Complying With Provisions of Chapter, etc.; Sale or Offer for Sale of Agricultural Liming Materials Containing Toxic Materials in Quantities Injurious to Plants or Animals.

Section 2-23-8
Sale or offer for sale of agricultural liming materials not complying with provisions of chapter, etc.; sale or offer for sale of agricultural liming materials containing toxic materials in quantities injurious to plants or animals.
(a) No agricultural liming materials shall be sold or offered for sale in this state unless they comply with provisions of this chapter or rules and regulations promulgated hereunder.
(b) No agricultural liming materials shall be sold or offered for sale in this state which contain toxic materials in quantities injurious to plants or animals.
(Acts 1975, No. 1190, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-9 - Rules and Regulations.

Section 2-23-9
Rules and regulations.
The board, after reasonable notice and hearing to interested persons, may make such rules and regulations, including establishing fees, as are reasonably necessary to implement and carry out the provisions of this chapter and to establish such additional standards and requirements as are necessary to protect the purchasers and users of agricultural liming materials which relate to the manufacture, distribution, sale, and advertising for sale of such materials.
(Acts 1975, No. 1190, §11; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-10 - Suspension From Sale, Seizure and Condemnation of Agricultural Liming Materials Offered or Exposed for Sale in Violation of Chapter, Etc.

Section 2-23-10
Suspension from sale, seizure and condemnation of agricultural liming materials offered or exposed for sale in violation of chapter, etc.
The commissioner may issue and enforce a written or printed stop sale or suspension from sale, use or removal order to the manufacturer, owner, distributor or custodian of any lot of agricultural liming materials being held for sale purposes and to hold such material at a designated place when such agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such agricultural liming material is released in writing by the commissioner or his authorized agents or such liming material has been otherwise legally disposed of by written or judicial authority. Any lot or other quantity of agricultural liming material not in compliance with the provisions and requirements of this chapter or rules and regulations duly adopted and promulgated hereunder shall be subject to suspension from sale, seizure and condemnation in accordance with the procedure now prescribed by law under Article 2 of Chapter 2 of this title.
(Acts 1975, No. 1190, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-11 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors.

Section 2-23-11
Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors.
Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as now prescribed by law for such an offense.
(Acts 1975, No. 1190, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-1 - Purpose of Chapter.

Section 2-24-1
Purpose of chapter.
Recognized soil-testing practices are the most effective means by which fertilizer and lime needs of fields, pastures and gardens can be determined for the growth of certain crops, plants and grasses. It is a means of providing the latest information available from research and experimental sources for fertilizers and limes needed for agricultural production. Therefore, the purpose of this chapter is to authorize the approval and certification of agricultural soil-testing laboratories which follow recommended uniform methods, procedures and standards for the soil and climatic conditions which prevail in the State of Alabama.
(Acts 1969, No. 820, p. 1480, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-2 - Approval and Certification.

Section 2-24-2
Approval and certification.
The Commissioner of Agriculture and Industries, pursuant to rules and regulations adopted under this chapter as provided in this chapter and upon application therefor, is hereby authorized to approve and to certify soil-testing laboratories which meet the requirements as set forth in such rules and regulations.
(Acts 1969, No. 820, p. 1480, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-3 - Promulgation of Rules and Regulations as to Procedures, Methods, Standards, etc., for Soil-Testing Laboratories.

Section 2-24-3
Promulgation of rules and regulations as to procedures, methods, standards, etc., for soil-testing laboratories.
The State Board of Agriculture and Industries is hereby authorized to adopt and promulgate rules and regulations which shall set forth and require uniform methods, procedures and standards to be followed by soil-testing laboratories in determining the fertilizer and lime needed for agricultural crop, pasture and garden production where the results of such tests will be used for the sale, use and application of commercial fertilizers and limes. Such rules and regulations may provide for the qualifications and training of laboratory personnel, chemical and other procedures to be followed, soil extraction methods, use of calibration data, laboratory reports, method and manner of making recommendations for the fertilizer and lime needs of soils, procedure for check samples and other procedures, requirements and standards deemed necessary for the operation of an effective soil-testing laboratory. Such rules and regulations may also provide for recertification annually or more frequently when determined to be necessary and that any such approval and certification may be revoked for failure to maintain and follow certification requirements. The State Board of Agriculture and Industries is authorized to request technical information, advice, recommendations and other assistance from the Agricultural Experiment Station and the Cooperative Extension Service of Auburn University as may be needed in adopting rules, regulations and other requirements for the administration of the provisions and requirements of this chapter.
(Acts 1969, No. 820, p. 1480, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-4 - Certification of Soil-Testing Laboratories Not Mandatory; Agricultural Soil-Testing Laboratory of Auburn University Not Affected by Article.

Section 2-24-4
Certification of soil-testing laboratories not mandatory; agricultural soil-testing laboratory of Auburn University not affected by article.
No person, firm, partnership, corporation or association which maintains a soil-testing laboratory for agricultural purposes shall be required to comply with the provisions of this chapter as it is hereby intended that only those laboratories which desire to be certified under authority of this chapter shall be required to comply with its requirements. The agricultural soil-testing laboratory of Auburn University shall not in any way be affected by the requirements of this chapter, nor shall such laboratory be required to comply with any of its requirements.
(Acts 1969, No. 820, p. 1480, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-5 - Making of False or Fraudulent Representations as to Approval and Certification by Commissioner.

Section 2-24-5
Making of false or fraudulent representations as to approval and certification by commissioner.
Any person, firm, partnership, corporation or association who shall make any false or fraudulent representations that it is approved and certified by the Commissioner of Agriculture and Industries without complying with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now provided by law for such an offense.
(Acts 1969, No. 820, p. 1480, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-2 - Purposes of Article.

Section 2-25-2
Purposes of article.
The purposes of this article are to prevent the introduction into and dissemination within this state of plant pests and noxious weeds injurious to plants and plant products of this state, to provide for the inspection and control of nurseries and the regulation of the sale and distribution of plants and plant products and to prescribe the powers and duties of the board and commissioner relative thereto.
(Ag. Code 1927, §289; Code 1940, T. 2, §450; Acts 1991, No. 91-632, p. 1179, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-4 - Power and Duty of Board as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.

Section 2-25-4
Power and duty of board as to protection of agricultural and horticultural interests from plant pests and noxious weeds generally.
It shall be the duty of the board to protect the agricultural and horticultural interests of the state and, to that end, it is vested with power and authority to:
(1) Make all such rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as it may deem necessary to the eradication, control or prevention of the dissemination of plant pests or noxious weeds;
(2) Make rules and regulations to govern the grading, marking, sale and distribution of nursery stock by dealers and nurserymen;
(3) Provide rules and regulations under which nursery stock may be brought into this state from other states, territories and foreign countries;
(4) Make such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into or dissemination within this state of injurious plant pests and noxious weeds;
(5) Declare a quarantine against any area, place, nursery, grove, orchard, county or counties within this state, other states, territories, foreign countries or portions thereof in reference to plant pests or noxious weeds and prohibit the movement within this state or any part thereof or the introduction into this state from other states, territories or foreign countries of all plants, plant products or other things from such quarantined places or areas which are likely to carry such plant pests and noxious weeds if such quarantine is determined, after due investigation, to be necessary in order to protect the agricultural and horticultural interests of this state. In such cases the quarantine may be made absolute or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of in this state; and
(6) Make and publish reasonable rules and regulations regarding the application for the issuance, or revocation of certificates of inspection, under Section 2-25-6.
(Ag. Code 1927, §297; Code 1940, T. 2, §457; Acts 1991, No. 91-632, p. 1179, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-5 - Exercise of Quarantine Powers of Board by Commissioner.

Section 2-25-5
Exercise of quarantine powers of board by commissioner.
All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner, acting independently of the board, during the intervening time between the meetings of the board; provided, that when the same are exercised by the commissioner, such quarantines shall be subject to review by the board, which shall have the power to revoke or annul the same; but, until so revoked or annulled by the board, all such quarantines of the commissioner shall be held legal and binding and of full force and effect.
(Ag. Code 1927, §298; Code 1940, T. 2, §458.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-8 - When Commissioner May Refuse, Recall or Revoke Inspection Certificates.

Section 2-25-8
When commissioner may refuse, recall or revoke inspection certificates.
The commissioner shall have the power to refuse to issue an inspection certificate or to recall or to revoke any certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said certificate may tend to introduce into the state or disseminate within this state plant pests or noxious weeds injurious to plants and plant products of this state, or if an applicant or holder of said certificate is selling, offering to sell, distributing or offering to distribute nursery stock in violation of this article or the rules and regulations promulgated thereunder.
The commissioner may also refuse to certify or revoke or suspend existing certification of any nursery stock or plant product when it has been determined that plant pests and/or noxious weeds exist on said stock or product, or that the nursery or site is in such condition with regard to growth and cultivation that an adequate inspection for plant pests cannot be made.
(Ag. Code 1927, §294; Code 1940, T. 2, §454; Acts 1991, No. 91-632, p. 1179, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-9 - Affixation of Official Tags to Boxes, Packages, etc., in Which Nursery Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, etc., Shipped Into State Without Official Tags.

Section 2-25-9
Affixation of official tags to boxes, packages, etc., in which nursery stock shipped; furnishing of official tags; confiscation of boxes, packages, etc., shipped into state without official tags.
Each box, bundle or package of nursery stock moved into or within the State of Alabama shall have a valid official tag bearing a copy of the certificate of inspection and seal of the Department of Agriculture and Industries conspicuously attached. Official tags will be furnished at cost through the commissioner. Certificate tags are not required on local retail sales where such sales are made directly to the ultimate user of such nursery stock. Each box, bundle or package of nursery stock shipped into or within Alabama by any person shall bear a valid certificate tag, and shipments of stock not thus tagged shall be liable to confiscation by the commissioner.
(Ag. Code 1927, §295; Code 1940, T. 2, §;455; Acts 1943, No. 495, p. 466; Acts 1969, No. 1147, p. 2150, §4; Acts 1991, No. 91-632, p. 1179, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-10 - Introduction Into State of Live Plant Pests, etc., or Specimens of Disease Injurious to Plants; Special Permit.

Section 2-25-10
Introduction into state of live plant pests, etc., or specimens of disease injurious to plants; special permit.
The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall be the sole issuing agency for such special permits.
(Ag. Code 1927, §301; Code 1940, T. 2, §461; Acts 1991, No. 91-632, p. 1179, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-11 - Common Carriers, etc., Not to Accept for Shipment or Deliver Nursery Stock, etc., Without Official Tags, Etc.

Section 2-25-11
Common carriers, etc., not to accept for shipment or deliver nursery stock, etc., without official tags, etc.
No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which do not bear the official tag issued by the commissioner or the inspection tag of the federal Plant Quarantine and Control Administration.
(Ag. Code 1927, §302; Code 1940, T. 2, §462.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-12 - Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, etc., Boxes, Packages Without Official Tags, Etc.

Section 2-25-12
Common carriers not to be liable for damages for refusal to receive, deliver, etc., boxes, packages without official tags, etc.
No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Section 2-25-11.
(Ag. Code 1927, §303; Code 1940, T. 2, §463.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-13 - Movement, Sale, etc., Into State or Within State of Plants, Plant Products, etc., During Quarantines; Confiscation by Commissioner; Plants, etc., Moved Into Quarantined Area.

Section 2-25-13
Movement, sale, etc., into state or within state of plants, plant products, etc., during quarantines; confiscation by commissioner; plants, etc., moved into quarantined area.
Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of this state, other states, territories or foreign countries as to plant, pest, or noxious weed, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this state or to move, sell or otherwise dispose of within this state any plant, plant product or other thing included in such quarantine, except under such rules and regulations as may be prescribed by the board or commissioner.
Any plant, plant product, or other thing included under a quarantine which is moved, sold, or otherwise disposed of within the state in violation of this section, and any plant propagated from such plant, plant product, or other thing, shall be declared contraband and confiscated and destroyed by the commissioner without compensation to anyone.
Any plant, plant product, or other thing moved into a quarantined area shall itself be quarantined and subject to all restrictions of the quarantine.
(Ag. Code 1927, §304; Code 1940, T. 2, §464; Acts 1991, No. 91-632, p. 1179, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.

Section 2-25-13.1
Sale of plants or nursery stock which is not viable unlawful; "viable" defined.
It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of living and accomplishing the purpose for which they are grown, whether foliage, flowers, fruit or special use, shall be considered viable. The basic requirements of viable nursery stock or viable plants are as follows:
(1) They must be free of physiological and pathological defects to the extent that all essential parts may function normally.
(2) The root system must have adequate roots or the ability to produce them to support normal performance of all essential parts of the plant. The root system must be adequately protected to prevent excessive loss of moisture while in storage and transit.
(3) The trunk and branches must be capable of transporting fluids throughout the plant and be free from any infirmity of a permanent nature which would interfere with this function. Any damaged branches must be capable of being pruned without seriously deterring growth of the plant.
(4) The leaves must be capable of performing essential manufacturing functions, such as photosynthesis. In the case of deciduous plants, when void of leaves, they must have the ability to put out new leaves capable of functioning normally.
(Acts 1991, No. 91-632, p. 1179, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-14 - Sale, Carriage, Shipment, etc., of Nursery Stock by Nurserymen or Dealers.

Section 2-25-14
Sale, carriage, shipment, etc., of nursery stock by nurserymen or dealers.
It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this article and the rules and regulations made pursuant thereto.
(Ag. Code 1927, §305; Code 1940, T. 2, §465; Acts 1991, No. 91-632, p. 1179, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-15 - Importation, Sale, Possession, etc., of Fruits, Nuts, etc., Infested or Infected With Plant Pests or Noxious Weeds Likely to Cause Damage.

Section 2-25-15
Importation, sale, possession, etc., of fruits, nuts, etc., infested or infected with plant pests or noxious weeds likely to cause damage.
It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are infested or infected with plant pests or noxious weeds of a kind and to such an extent that it is likely to cause serious damage to products susceptible to the plant pests or noxious weeds.
(Ag. Code 1927, §306; Code 1940, T. 2, §466; Acts 1991, No. 91-632, p. 1179, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-15.1 - Receipt of Plants, Nursery Stock, etc., Not in Compliance With Law by Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item.

Section 2-25-15.1
Receipt of plants, nursery stock, etc., not in compliance with law by common carriers, et alia; duty to inform commissioner and isolate and hold item.
Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage or shipment within this state, as to which provisions of this article and the rules and regulations adopted pursuant thereto have not been complied with, shall immediately inform the commissioner and isolate and hold the plant, plant product, nursery stock or other thing unopened or unused subject to such inspection or other disposition as may be provided by the commissioner.
(Acts 1991, No. 91-632, p. 1179, §23.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-16 - Throwing Cuttings, Prunings, etc., Into Public Roads, Fields, etc.; Destruction of Cuttings, Prunings, etc., Containing Plant Pests or Noxious Weeds.

Section 2-25-16
Throwing cuttings, prunings, etc., into public roads, fields, etc.; destruction of cuttings, prunings, etc., containing plant pests or noxious weeds.
It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of any fruit trees, nursery stock or ornamental trees or any fruit if said cuttings, prunings or fruit contain plant pests or noxious weeds into any public road, highway, lane, field or other enclosure or into any watercourse of any kind. Any of the above cuttings or prunings or fruit shall be destroyed with fire or by other methods approved by the commissioner within a reasonable time from the time such cuttings or prunings are made.
(Ag. Code 1927, §307; Code 1940, T. 2, §467; Acts 1991, No. 91-632, p. 1179, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner's Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of Treatment or Destruction.

Section 2-25-17.1
Procedures to be used when plant, nursery stock, etc., found to contain plant pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or treatment; refusal of owner to comply; liability for cost of treatment or destruction.
If the commissioner finds, on examination, any plant, plant product or nursery stock infested or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, unless an appeal is taken as provided in this article, cause the removal and destruction of the infested and infected plant or plant product if it is incapable of successful treatment; otherwise, such owner or person in charge shall cause it to be treated as directed in the order of the commissioner. No indemnity shall be awarded to the owner for complying with the above notice or orders of the commissioner.
In case the owner or person in charge shall refuse or neglect to comply with the terms of the order within 10 days after receiving it, the commissioner may proceed to treat or destroy the infested or infected plant or plant product. The expense thereof shall be assessed, collected, and enforced against the owner by the commissioner. If such owner shall fail to pay all such expenses within 30 days, the Attorney General shall, or shall cause the district attorney of such circuit, to institute a civil action in the name of the state for the recovery of the same; and when judgment is recovered and collected, the sum shall be paid into the Agricultural Fund.
(Acts 1991, No. 91-632, p. 1179, §18.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-17.2 - Procedures for Fumigation or Treatment of Infested Plants, Etc.

Section 2-25-17.2
Procedures for fumigation or treatment of infested plants, etc.
The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the commissioner.
(Acts 1991, No. 91-632, p. 1179, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-18 - Appeals to State Board From Findings or Orders of Commissioner.

Section 2-25-18
Appeals to state board from findings or orders of commissioner.
The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings.
This appeal from the findings or orders of the commissioner shall lie to the State Board of Agriculture and Industries, which shall, as soon as practicable, hear and determine the same. The order of the said board shall be enforced by the circuit court upon filing a complaint by the commissioner setting forth said order and requesting enforcement of the same.
(Ag. Code 1927, §309; Code 1940, T. 2, §469; Acts 1991, No. 91-632, p. 1179, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-19.1 - Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies.

Section 2-25-19.1
Penalties, temporary restraining orders or injunctions for violations issued without bond; form of action; approval of Attorney General; assistance of district attorneys or their deputies.
In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or temporary, or permanent injunction or both, restraining any person from violating or from continuing to violate any provisions of this article or any rules or regulations promulgated under this article, notwithstanding the existence of other remedies at law. Any such restraining orders or injunctions shall be issued without bond. Said action shall be brought in the name of the State of Alabama upon the relation of the Attorney General and with his approval and such officer shall, upon his request, be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed.
(Acts 1991, No. 91-632, p. 1179, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-19.2 - Acts of Officials, Agents, Employees, etc., Deemed Those of Principal as Well as of Individual.

Section 2-25-19.2
Acts of officials, agents, employees, etc., deemed those of principal as well as of individual.
In construing and enforcing the provisions of this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual.
(Acts 1991, No. 91-632, p. 1179, §22.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-20 - Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in Evidence Thereof.

Section 2-25-20
Promulgation of rules and regulations of board or commissioner; admissibility in evidence thereof.
(a) All rules and regulations made by the board or commissioner shall be promulgated by publishing same in any official organ of the department or of the board or by giving such other reasonable public notice as may be prescribed by the board; provided, that in cases where it is deemed necessary to place a quarantine to take effect immediately, promulgation may be made by posting a copy in the courthouse or other places as the commissioner may prescribe within the county or counties in which the quarantined area exists.
(b) Printed copies of all acts, rules and regulations, quarantines or notices of the board or of the commissioner which shall be published under the authority of the board shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies shall be certified to by the chairman of the board or the commissioner.
(Ag. Code 1927, §299; Code 1940, T. 2, §459.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-21 - Review of Rules or Regulations by Board.

Section 2-25-21
Review of rules or regulations by board.
Any person affected by any rule or regulation made on notice given pursuant to this article may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the board.
(Ag. Code 1927, §300; Code 1940, T. 2, §460.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-22 - Violations of Article, Rules and Regulations, Notice or Order; Forgery, etc., of Certificates, Etc.

Section 2-25-22
Violations of article, rules and regulations, notice or order; forgery, etc., of certificates, etc.
Any person who shall violate any provision or requirement of this article or of the rules and regulations made thereunder or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any certificate provided for in this article or in the rules and regulations made pursuant thereto or who shall interfere with or obstruct any inspector or other employee of the commissioner in the performance of his duties shall be deemed guilty of a Class "C" misdemeanor.
(Ag. Code 1927, §311; Code 1940, T. 2, §471; Acts 1991, No. 91-632, p. 1179, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-40 - Delivery of Fruit Trees of Different Kind, Variety, etc., Than Sold.

Section 2-25-40
Delivery of fruit trees of different kind, variety, etc., than sold.
It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold; provided, that a variation in kind, variety and description may vary not more than five percent in any shipment containing not less than 50 such fruit trees.
(Ag. Code 1927, §316; Code 1940, T. 2, §482.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-41 - Limitation Period for Prosecutions Under Section 2-25-40.

Section 2-25-41
Limitation period for prosecutions under Section 2-25-40.
Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in Section 2-25-40.
(Ag. Code 1927, §318; Code 1940, T. 2, §483.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-42 - Sale, etc., of Falsely Named Seeds, Trees, Plants, Etc.

Section 2-25-42
Sale, etc., of falsely named seeds, trees, plants, etc.
All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and kind, and any person selling, trading or exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor.
(Ag. Code 1927, §319; Code 1940, T. 2, §484.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-2 - Powers and Duties of Commissioner Generally.

Section 2-26-2
Powers and duties of commissioner generally.
It shall be the duty of the Commissioner of Agriculture and Industries, who may act individually or through his authorized agents to:
(1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub and flower seeds transported, sold, offered or exposed for sale or distributed within this state for sowing or planting purposes, at such time and place and to such extent as he may deem necessary to determine whether said seeds are in compliance with the provisions of this article and notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation;
(2) Enter upon any public or private premises during regular business hours in order to have access to seeds subject to this article and the rules and regulations thereunder;
(3) Issue and enforce a written or printed "stop-sale," "suspension from sale" or "nonuse" order to the owner or custodian of any lot of agricultural, vegetable, flower, tree, shrub or herb seed which is found to be in violation of any of the provisions of this article, which shall prohibit further sale or use of such seed until such officer has evidence that the law has been complied with; provided, that in respect to seeds which have been denied sale, the owner or custodian of such seeds shall have the right to appeal from such order to a court of competent jurisdiction where the seeds are found, requesting a judgment as to the justification of said order and for the discharge of such seed from the order prohibiting this sale in accordance with the findings of the court;
(4) Establish and maintain or make provision for seed testing and sampling facilities, employ qualified persons and incur such expenses as may be necessary to comply with these provisions;
(5) Make or provide for making purity and germination tests of such seeds for farmers and dealers on request, prescribe rules governing such testing and fix and collect charges for such tests. The fees collected for making service tests shall be paid into the Agricultural Fund;
(6) Cooperate with the United States Department of Agriculture in seed law enforcement; and
(7) Publish the result of laboratory and field analyses and tests, information shown on analyses tags or labels by seedsmen and information pertaining to violations of this article.
(Acts 1943, No. 560, p. 552, §7; Acts 1963, No. 424, p. 931, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-3 - Promulgation of Rules and Regulations by State Board.

Section 2-26-3
Promulgation of rules and regulations by state board.
(a) The State Board of Agriculture and Industries shall have power to prescribe and, after public hearing following due public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed and the tolerances and limitations to be followed in the administration of this article, to add to or subtract from the list of noxious weeds, to adopt or amend standards for vegetable, flower, tree, shrub and herb seed, to increase or lower the standards for seeds when found to be in the best interest of users of seed and to meet emergencies, to adopt sizes of containers for seed sold, offered for sale or distributed in Alabama, to establish reasonable limitations as to the number of bags or other containers of seed in any one lot of seed sold, offered for sale or distributed in Alabama and such other rules and regulations as may be reasonably necessary to carry out the evident intent and purposes of this article and to secure its efficient administration and enforcement.
(b) The board shall also be authorized to adopt rules and regulations to govern and control the sale or offering for sale of any seed which may be labeled and sold as feed or feed grain where such feed or grain is or may be used for planting purposes. The board is authorized to adopt rules, regulations and recommendations of the Association of Seed Control Officials of the Southern States; provided, that such recommendations are not in conflict with the provisions of this article.
(c) The board shall also be authorized to adopt rules and regulations which will prohibit any false or misleading labeling, false or misleading advertising or other false or misleading representations with respect to sale, handling, labeling or distribution of any agricultural, vegetable, flower, tree or herb seed sold, offered for sale or distributed in Alabama where the sale of such seed is subject to any of the provisions and requirements of the Plant Variety Protection Act of the Congress of the United States.
(Acts 1943, No. 560, p. 552, §6; Acts 1963, No. 424, p. 931, §7; Acts 1975, No. 741, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-3.1 - Exclusive Jurisdiction of Board and Commissioner; Local Regulation of Seeds Prohibited.

Section 2-26-3.1
Exclusive jurisdiction of board and commissioner; local regulation of seeds prohibited.
(a) This chapter and its provisions and requirements are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, or other use of seeds. The entire subject matter of this chapter shall be subject to the exclusive jurisdiction of the Board of Agriculture and Industries and the Commissioner of Agriculture and Industries.
(b) Except as otherwise specifically provided in this chapter, no law, ordinance, rule, regulation, or resolution of any county, municipality, or other political subdivision of this state may prohibit or in any way attempt to regulate any matter relating to the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notification of use, and planting of seeds. Any law, ordinance, rule, regulation, or resolution in conflict with, in addition to, or supplemental to this chapter, is declared to be invalid and of no effect.
(c) Nothing in this chapter shall be construed to preempt or limit remedies available under common law or statute.
(Act 2016-114, §1.)