reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-4 - Establishment of Seed Division and Testing Laboratory; Enforcement of Rules and Regulations as to Sale or Distribution of Tree or Shrub Seed.

Section 2-26-4
Establishment of seed division and testing laboratory; enforcement of rules and regulations as to sale or distribution of tree or shrub seed.
(a) There shall be established within the Department of Agriculture and Industries a seed division which shall maintain facilities, equipment, and qualified personnel to perform the seed testing, sampling, and analysis work required to execute the provisions and requirements of this article. Any testing or analysis required to be performed may be performed as provided in Section 2-2-33. The seed division established and created under this section shall also perform the administrative, clerical, and other work incident to the administration and enforcement of the provisions and requirements of this article and such seed testing and administrative duties shall not be performed by any other division of the Department of Agriculture and Industries; except, that the State Board of Agriculture and Industries shall have the authority to enter into an agreement delegating the responsibility for the testing of tree and shrub seed to the United States Forest Service or any other seed laboratory designated and approved by the State Board of Agriculture and Industries.
(b) The responsibility for the enforcement of the rules and regulations governing the sale or distribution of tree or shrub seed within the state shall be the sole responsibility of the state Department of Agriculture and Industries.
(Acts 1963, No. 424, p. 931, §9; Act 2015-262, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-6 - Injunctive Proceedings to Restrain Persons Selling, Processing, Cleaning, etc., Seed Without Permit.

Section 2-26-6
Injunctive proceedings to restrain persons selling, processing, cleaning, etc., seed without permit.
Any person required to secure a permit as provided under Section 2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition to the penalty provided in this article, the Commissioner of Agriculture and Industries may file a petition in the circuit court for a temporary restraining order or permanent injunction or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any person from engaging in the sale of seed without securing the permit as required under this article. Such temporary restraining order or permanent injunction shall be issued without bond.
(Acts 1963, No. 424, p. 931, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-8 - Analyses and Interpretations of Seeds.

Section 2-26-8
Analyses and interpretations of seeds.
Analyses and interpretations shall be in accordance with the rules and regulations prescribed by the Association of Official Seed Analysts.
(Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-9 - Requirements as to Certification, etc., of Hybrid Seed Corn Sold or Offered for Sale.

Section 2-26-9
Requirements as to certification, etc., of hybrid seed corn sold or offered for sale.
No hybrid seed corn shall be sold or offered for sale unless it is certified by a recognized seed certifying agency or produced by a person having a bona fide corn breeding program. The State Board of Agriculture and Industries shall be authorized to determine whether certain corn breeding programs constitute a bona fide program to comply with this requirement.
(Acts 1963, No. 424, p. 931, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-12 - Suspension From Sale, Seizure and Condemnation of Articles Not in Compliance With Provisions of Article.

Section 2-26-12
Suspension from sale, seizure and condemnation of articles not in compliance with provisions of article.
Any lot of agricultural, vegetable, herb, tree, shrub or flower seed not in compliance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation. The issuance of a "suspension from sale or use" or "stop-sale" order and seizure and condemnation of seed sold or offered for sale in violation of the provisions of this article shall be in accordance with Article 2 of Chapter 2 of this title.
(Acts 1943, No. 560, p. 552, §;8; Acts 1963, No. 424, p. 931, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-13 - Violation of Provisions of Article or Rules or Regulations Promulgated Hereunder Deemed Misdemeanor.

Section 2-26-13
Violation of provisions of article or rules or regulations promulgated hereunder deemed misdemeanor.
Any person who shall perform any of the acts which are declared to be unlawful by this article or who fails to perform any duty or requirements imposed by the provisions of this article or who violates any rule or regulation duly promulgated hereunder or who shall sell, offer for sale, distribute or solicit orders for agricultural, vegetable, herb, tree, shrub or flower seed without having a permit as required by this article shall be guilty of a misdemeanor and shall be punished as now prescribed by law for such offense.
(Acts 1943, No. 560, p. 552, §8; Acts 1963, No. 424, p. 931, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-14 - Exemptions From Article.

Section 2-26-14
Exemptions from article.
The provisions of this article do not apply to:
(1) Seed when sold directly to and in the presence of the consumer and taken from the container properly labeled in accordance with the provisions of this article, but this provision shall in no way exempt the vendor from the analysis given on the tag or label attached to any container;
(2) Seed or grain not intended for sowing or planting purposes if proper indication of such intention is shown;
(3) Seed in storage in or consigned to a seed-cleaning or processing establishment for cleaning or processing; provided, that for seed to be processed and stored in the same room from which seed are delivered for planting, sowing or resale, each bag shall bear a label or there shall be displayed a large placard with the following words "For Processing - Not for Sale;" further provided, that seed held in storage for interstate shipment need be labeled only with a lot number supported by an analysis in office files; and provided further, that any labeling or other representations which may be made with respect to such seed shall be subject to this article;
(4) Seed produced in Alabama and sold by the farmer who produced such seed to another farmer with the provision that if such seed are advertised for sale by a paid advertisement or by free advertisement through publications of the Alabama Department of Agriculture and Industries such seed shall be subject to all of the requirements of this article; provided, however, that farmer-producers selling only their own production shall not be required to obtain the permit except as required under Section 2-26-5; or
(5) Seed sold or distributed by the grower thereof, unless such grower is also a dealer, to a local merchant in due course of trade and by such local merchant resold in due course of trade, but without advertising and without holding himself as a dealer as defined in this article.
(Acts 1943, No. 560, p. 552, §4; Acts 1963, No. 424, p. 931, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-15 - Seed Inspection Fees; Reporting.

Section 2-26-15
Seed inspection fees; reporting.
(a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any person who sells or distributes seed for sale during the normal hours of business operation as it deems necessary.
(b) All fees collected under this section shall be deposited into the Agricultural Fund in the State Treasury. The commissioner may expend revenue raised by this section for the support of the Alabama State Seed Laboratory.
(c) Every person who sells or distributes seed for sale, whether in bulk or in containers, within the state or into the state for planting purposes, shall be assessed a seed inspection fee as established by the board.
(d) Every person who sells or distributes seed for sale shall do all of the following:
(1) Pay an inspection fee on the total number of pounds of seed sold within or into the state. Payment of the seed inspection fees shall be the responsibility of the person initiating the first sale of seed within or into the state.
(2) Maintain records, as required by the department, that accurately reflect the total pounds of seed subject to the fees that are handled, sold or offered for sale, or distributed for sale.
(3) File quarterly reports on forms provided or approved by the department, covering the total pounds of all sales of seed subject to the fee and sold during the preceding quarter. The reports and fees due shall be filed with the department no later than 30 days following the end of each calendar quarter.
(e) A person who sells or distributes seed for sale who does not file the quarterly report by the due date shall pay a penalty fee as provided by the regulations of the department. The penalty fee shall be waived if the seedsman obtains prior written approval from the department for a late filing and complies with the late filing requirements.
(f) The commissioner may suspend the permit or seek any remedy provided in Section 2-26-13, against any person subject to this section.
(g) The Board of Agriculture and Industries shall review the fee schedule and administration of the seed inspection fee program and shall make recommendations for its renewal or renewal with revisions by the board meeting date immediately prior to the convening of the regular session of the Legislature in the fourth year of the quadrennium. Any change in the fee schedule or the administration of the seed inspection program shall be adopted by rule pursuant to the Alabama Administrative Procedure Act.
(Act 2012-401, p. 1097, §§1, 2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-30 - Promulgation of Rules and Regulations for Removal, etc., of Fungi and Noxious Weeds From Seeds and Small Grains by Commissioner.

Section 2-26-30
Promulgation of rules and regulations for removal, etc., of fungi and noxious weeds from seeds and small grains by commissioner.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to promulgate and adopt rules and regulations for the purpose of eradicating and preventing the spread of fungus growths and diseases from seed and small grains used for planting purposes and the removal of noxious weeds from agricultural and vegetable seed and small grain used for planting purposes by requiring that persons, firms, partnerships, corporations and associations engaged in cleaning or otherwise processing seed shall process, clean or treat such seed and small grains in a manner whereby fungi, diseases and noxious weeds will be eradicated or removed from such seed and small grain prior to the packaging, shipping or sale thereof to growers. Rules and regulations adopted under this section may require seed cleaners or processors to clean or process seed and small grain used for planting purposes by applying fungicides or other chemicals and to process or treat such seed and grain in any other manner reasonably necessary to carry out the purposes of this article. Rules and regulations adopted under this section shall be adopted in accordance with the procedure prescribed under the provisions of Sections 2-2-16 and 2-2-17.
(Acts 1953, No. 739, p. 1003, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-31 - Suspension From Sale, Seizure and Condemnation of Seeds and Small Grains Sold, Transported, etc., in Violation of Rules and Regulations; Right of Commissioner to Inspect and Secure Samples.

Section 2-26-31
Suspension from sale, seizure and condemnation of seeds and small grains sold, transported, etc., in violation of rules and regulations; right of commissioner to inspect and secure samples.
Any agricultural or vegetable seed or small grain used for planting purposes which is sold, offered for sale, exposed for sale or transported in violation of any rules and regulations promulgated and adopted in accordance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title. The Commissioner of Agriculture and Industries shall have the right of inspection and the right to secure samples as provided in said Article 2.
(Acts 1953, No. 739, p. 1003, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-32 - Failure to Process, Clean, etc., Seeds or Small Grains or Sale, Distribution, etc., of Seeds or Small Grains Not Cleaned, Processed, etc., in Accordance With Rules and Regulations Promulgated Under Article.

Section 2-26-32
Failure to process, clean, etc., seeds or small grains or sale, distribution, etc., of seeds or small grains not cleaned, processed, etc., in accordance with rules and regulations promulgated under article.
It shall be unlawful for anyone to fail or refuse to clean, process or treat agricultural or vegetable seed or small grain used for planting purposes in violation of any rules or regulations promulgated under the provisions of this article, and it shall also be unlawful for anyone to sell, offer for sale, expose for sale or distribute any agricultural or vegetable seed or small grain used for planting purposes unless such seed and grains have been cleaned, processed or treated in accordance with requirements of rules and regulations adopted and promulgated under the provisions of this article. Whoever shall violate any rules and regulations or other requirements of this article shall be guilty of a misdemeanor and shall be punished as prescribed by law.
(Acts 1953, No. 739, p. 1003, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-50 - Adoption and Registration of Symbols of Identification or Certification of Foundation Seed, Seeds or Plant Parts.

Section 2-26-50
Adoption and registration of symbols of identification or certification of foundation seed, seeds or plant parts.
An association or associations of farmers engaged in multiplying and certifying seed or plant parts of a superior variety or strain of plants or crops, such as those bred and tested or tested only by the Agricultural Experiment Station of Auburn University, and in increasing breeder seed by producing, processing and distributing foundation seed may adopt a symbol or symbols of identification or certification of such seed or plant parts and such foundation seed and, upon approval of the director of such experiment station and of the Director of the Extension Service of Auburn University, register same with the state Commissioner of Agriculture and Industries. Only one such association may so register such a symbol or symbols for any one specified crop.
(Acts 1945, No. 404, p. 643, §§1, 2; Acts 1975, No. 745, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-51 - Use of Symbols by Persons, Associations, etc., Other Than Associations Registering Same; Violations of Provisions of Article Deemed Misdemeanors.

Section 2-26-51
Use of symbols by persons, associations, etc., other than associations registering same; violations of provisions of article deemed misdemeanors.
(a) It shall be unlawful for any person, firm, association or corporation, other than the association which so registered such symbol or symbols, to use such symbol or symbols in any manner for identifying or certifying seeds or plant parts or for any person, firm, association or corporation to sell, offer for sale or otherwise market or distribute foundation seed for any specified crop, other than the association which registered the symbol or symbols of such foundation seed for such crop with the Commissioner of Agriculture and Industries.
(b) Any person, firm, association or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor.
(Acts 1945, No. 404, p. 643, §3; Acts 1975, No. 745, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-52 - Cooperation of Department of Agriculture and Industries and Agricultural Extension Service and Experiment Station of Auburn University.

Section 2-26-52
Cooperation of Department of Agriculture and Industries and Agricultural Extension Service and Experiment Station of Auburn University.
The Department of Agriculture and Industries, the Agricultural Extension Service and the Agricultural Experiment Station of Auburn University are hereby authorized and directed to cooperate and work with such associations of farmers to accomplish the following purposes:
(1) To implement an Alabama seed improvement program encompassing activities of foundation seed production, seed certification and labeling and quality control in the production of seed in order to make available for agriculture in this state high quality seed;
(2) To conduct educational programs stressing the benefits of the use of seed of superior varieties and strains; and
(3) To otherwise formulate and implement such programs as will insure that quality seed is properly produced, processed, certified and distributed in the state.
(Acts 1945, No. 404, p. 643, §4; Acts 1975, No. 745, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-70 - Purpose of Article.

Section 2-26-70
Purpose of article.
The intent and purpose of this article is to provide a method for assisting farmers and other seed purchasers and seed dealers to determine the validity of complaints of such seed purchasers against seed dealers relating to the quality of the seed by establishing a committee to investigate and make findings and recommendations in the nature of arbitration proceedings where damages are suffered by such seed purchasers caused by the failure of any agricultural, vegetable, flower, tree, shrub and herb seeds to perform as represented, or to conform to the description on the labeling thereof as required by Sections 2-26-1 through 2-26-14. The meaning of words and terms as used in this article shall, where applicable, be construed to conform to the meaning of such words and terms as same are defined in Section 2-26-1.
(Acts 1979, No. 79-424, p. 661, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-71 - Creation of Seed Investigation and Arbitration Committee; Composition; Qualifications, Appointment and Terms of Office of Members; Officers; Meetings Generally.

Section 2-26-71
Creation of Seed Investigation and Arbitration Committee; composition; qualifications, appointment and terms of office of members; officers; meetings generally.
There is hereby created and established a Seed Investigation and Arbitration Committee to be appointed by the Commissioner of Agriculture and Industries to consist of five members. The members shall be appointed by the Commissioner of Agriculture and Industries upon the recommendation of each of the following: Dean and Director, School of Agriculture and Agricultural Experiment Station of Auburn University; Executive Committee of the Alabama Seedsmen's Association; President of the Alabama Farmers Federation; State Board of Agriculture and Industries, and one member shall be appointed by the Commissioner of Agriculture and Industries. Each of these members may be represented by an alternate appointed by the Commissioner of Agriculture and Industries, upon the recommendation of the recommending authority or on recommendation of the committee member when such authority has been vested in the committee member by the recommending authority. Each member shall continue to serve on the committee until a replacement has been recommended by one of the above named organizations, agencies, or officials authorized to make such recommendations or appointments, at which time the Commissioner of Agriculture and Industries shall appoint a new member from those recommended. Each alternate shall serve only for the case in which he has been appointed and only one member shall represent each of the above organizations, agencies, or officials authorized to make recommendations for appointment to the committee. The committee shall elect a chairman and a secretary from its membership. The committee chairman shall conduct all meetings and deliberations held by the committee and direct the other activities of the committee. The secretary shall keep accurate and correct records on all meetings and deliberations and perform any other duties for the committee as directed by the chairman. The committee shall be known as the Seed Investigation and Arbitration Committee.
(Acts 1979, No. 79-424, p. 661, §3 (1); Acts 1992, No. 92-108, p. 178, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-72 - Compensation and Expenses of Members of Committee.

Section 2-26-72
Compensation and expenses of members of committee.
The members of the committee shall receive no compensation for the performance of their duties, but shall be reimbursed for travel expenses incurred in the performance of their duties in the same manner and at the same rate paid to state employees for travel expenses when such members attend meetings or perform other required duties which shall be paid from funds appropriated or available to the Department of Agriculture and Industries upon approval of the commissioner.
(Acts 1979, No. 79-424, p. 661, §3 (4).)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-73 - Duties of Committee; Calling of Meetings of Committee.

Section 2-26-73
Duties of committee; calling of meetings of committee.
The duties of the Seed Investigation and Arbitration Committee shall be to assist farmers and other purchasers of agricultural, vegetable, flower, tree, shrub and herb seeds and seed dealers to ascertain and determine the validity of complaints made by seed purchasers against seed dealers and recommend the settlement and payment of monetary damages by seed dealers where such damages result from the failure of the seed to perform as represented or to conform to the description of the labeling on or accompanying the seed or seed containers. The committee may be called into session by the Commissioner of Agriculture and Industries at his discretion or upon the direction of the chairman or a majority of the committee members to consider complaints and other matters referred to it by the Commissioner of Agriculture and Industries.
(Acts 1979, No. 79-424, p. 661, §3 (2).)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-74 - Filing of Complaint as to Performance or Labeling of Seed by Purchaser; Forwarding of Complaint and Answer Thereto to Committee for Investigation, Findings and Recommendations.

Section 2-26-74
Filing of complaint as to performance or labeling of seed by purchaser; forwarding of complaint and answer thereto to committee for investigation, findings and recommendations.
Any farmer, or other purchaser of agricultural, vegetable, flower, tree and shrub or herb seeds purchased for planting purposes who believes that he has been damaged by the failure of the seed to perform as represented, or to conform to the description on the labeling attached thereto or accompanying such seed as required by Sections 2-26-1 through 2-26-14, and rules and regulations promulgated thereunder, may make a sworn complaint against the seed dealer from whom such seeds were purchased. The complaint shall allege the failure of the seed to perform or to conform to legal requirements and the damages sustained or to be sustained by him. The complaint shall be filed with the Commissioner of Agriculture and Industries within 10 days after the alleged defect or violation becomes apparent. The seed purchaser shall also mail a copy of said complaint to the dealer from which the seeds were purchased by United States registered or certified mail. A filing fee of $10.00 shall be paid to the Commissioner of Agriculture and Industries with each complaint filed which shall be deposited to the credit of the Agricultural Fund of the State Treasury. Within 10 days after receipt of a copy of the complaint, the seed dealer shall file with the Commissioner of Agriculture and Industries an answer thereto and forward a copy of same to the purchaser of the seed by United States registered or certified mail. Any seed dealer against whom a complaint is filed hereunder or any seed purchaser filing a complaint may request an investigation and other action by the committee for the investigation and arbitration created by Section 2-26-71. The Commissioner of Agriculture and Industries shall forthwith refer the complaint and the answer to said committee for its investigation, findings and recommendation of the allegations of the complaint. Where seed which are the basis of a complaint are labeled by a person other than a seed dealer who sells directly to the farmer or other purchaser of seed, a copy of the complaint shall also be mailed by the commissioner to the person responsible for the labeling of such seed in order that he may be entitled to file an answer. Upon receipt of such findings and recommendation, the Commissioner of Agriculture and Industries shall transmit the findings and recommendations of the committee to the farmer or other purchaser of the seed and to the seed dealer by United States registered or certified mail together with a copy thereof to any person responsible for the labeling of the seed.
(Acts 1979, No. 79-424, p. 661, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-75 - Conduct of Investigation as to Complaint by Committee; Hindering, Obstructing, etc., Access to Premises, Review of Records, etc., by Committee; Report of Findings and Recommendations.

Section 2-26-75
Conduct of investigation as to complaint by committee; hindering, obstructing, etc., access to premises, review of records, etc., by committee; report of findings and recommendations.
When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other seed purchaser to the Seed Investigation and Arbitration Committee, said committee shall make a full and complete investigation of the matters complained of and at the conclusion of said investigation report its findings with its recommendations and file same with the Commissioner of Agriculture and Industries. The purchaser of the seed and the seed dealer shall upon request of either party be entitled to a hearing before the committee before any findings and recommendations are made. Notice of the date, time and place of the hearing shall be given to both parties. In conducting its investigation the committee or any member or members thereof is authorized to investigate the farmer or other purchaser's complaint and the farming or growing operation involved in the complaint and the seed dealer's sales, packaging, labeling, storage or processing operation relating to the seed alleged to be faulty. The investigation shall be conducted in a manner prescribed by the committee. The committee, or any member thereof, in the performance of its duties is authorized to enter upon any public or private premises during regular business hours in order to have access to seed and records of the sale and purchase thereof for examination and review as authorized under the provisions of Section 2-26-10(b) and (d), when necessary to perform its duties required under this article. Any person who hinders, obstructs or refuses entry, access or review of such records shall be guilty of a violation of Sections 2-26-11(b)(3) and 2-26-13. The committee shall be authorized to grow to production a representative sample of the alleged faulty seed through the facilities of the state, or Auburn University, under the supervision of the Commissioner of Agriculture and Industries or his authorized agent when such action is deemed necessary; also, to hold hearings at a time and place directed by the chairman of the committee upon reasonable notice to the farmer or other purchaser of seed and the seed dealer and to prescribe and promulgate rules of procedure to carry out the evident intent and purpose of this article. Any investigation made by less than the whole membership of the committee shall be conducted by authority of a written directive by the chairman or by rules of procedure adopted by the committee. Investigations shall be summarized in writing and considered by the committee in a report of its findings and recommendations.
(Acts 1979, No. 79-424, p. 661, §3(3).)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-76 - Effect and Admissibility as Evidence of Findings and Recommendations of Committee; Effect of Provisions of Article Upon Legal and Equitable Rights of Persons.

Section 2-26-76
Effect and admissibility as evidence of findings and recommendations of committee; effect of provisions of article upon legal and equitable rights of persons.
The findings or recommendations of the committee shall be in the nature of arbitration or settlement, but its findings and recommendations shall not affect the rights of parties to resort to any arbitration proceedings available under authority of Sections 6-6-1 through 6-6-16 or as may be otherwise provided by law, nor shall any of the provisions of this article affect any legal or equitable rights that any person may have in a court having jurisdiction of such matters nor shall the findings or recommendations of the committee be admissible as evidence in any court of law. It is the intent and purpose of this article to provide a simplified procedure for investigations and recommendations for monetary settlements as declared in Section 2-26-70.
(Acts 1979, No. 79-424, p. 661, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-1 - Short Title.

Section 2-27-1
Short title.
This article shall be known as the "Alabama Pesticide Act of 1971."
(Acts 1971, No. 1949, p. 3151, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-3 - Purpose of Article.

Section 2-27-3
Purpose of article.
The purpose of this article is to regulate the registration, sale and use of pesticides intended for use on farm, garden, lawn, golf course or in the home and other uses for which pesticides are ordinarily and customarily used.
(Acts 1971, No. 1949, p. 3151, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-4 - Administration and Enforcement.

Section 2-27-4
Administration and enforcement.
The provisions of this article shall be administered and enforced by the Commissioner of Agriculture and Industries of the State of Alabama.
(Acts 1971, No. 1949, p. 3151, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-5 - Exceptions to Applicability of Article.

Section 2-27-5
Exceptions to applicability of article.
(a) The provisions and requirements of this article shall not apply to:
(1) Any carrier while lawfully engaged in transporting a pesticide within this state if such carrier shall, upon request, permit the commissioner or his designated agent to copy all records showing the transactions in and movement of the articles;
(2) Any bona fide public or private research institution or agency; or
(3) The manufacturer or shipper of a pesticide for bona fide experimental use only, provided the manufacturer or shipper obtains a permit from the commissioner for such use which will be conducted under supervision of a qualified person and other conditions and requirements prescribed by rules and regulations adopted for this purpose, which shall require the quantity of pesticides to be used, location of use, crops or other objects of use, results of findings and other information deemed to be necessary for protection of the public.
(b) No article shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser.
(c) Notwithstanding any other provision of this article, registration and labeling are not required in the case of a pesticide stored or shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person or from one manufacturer to another manufacturer, provided they are properly labeled whenever poison labels are required under subsection (a)(3) of Section 2-27-14.
(Acts 1951, No. 908, p. 1548, §6; Acts 1971, No. 1949, p. 3151, §9; Acts 1977, No. 580, p. 769, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-5.1 - Local Governments Prohibited From Passing Ordinances Regulating Pesticides.

Section 2-27-5.1
Local governments prohibited from passing ordinances regulating pesticides.
(a)(1) The term "pesticides" as used herein shall have the same meaning as set forth in the Alabama Pesticide Act, Section 2-27-2(1).
(2) Except as provided in subsection (b), no county, municipal corporation, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacturing, or application of pesticides.
(b) This section shall not prohibit or affect the right of any county, municipal corporation, or other political subdivision of this state to adopt and enforce the provisions of the Standard Building Code, Standard Fire Prevention Code, or the codes, standards, and recommended practices of the National Fire Protection Association.
(c) Any local law or general law of local application regulating pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacturing, or application is repealed.
(Acts 1993, No. 93-259, p. 387, §§1-3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-7 - Intergovernmental Cooperation and Agreements.

Section 2-27-7
Intergovernmental cooperation and agreements.
The commissioner is authorized to cooperate with and enter into agreements with any other agency, department or institution of this state, the United States government or any of its departments, and any other state or agency thereof, for the purpose of carrying out the provisions of this article and to provide for uniformity of regulations insofar as may be practicable.
(Acts 1971, No. 1949, p. 3151, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-8 - Rules and Regulations.

Section 2-27-8
Rules and regulations.
In addition to the express authority of the commissioner, with approval of the Board of Agriculture and Industries, to adopt rules and regulations and establish fees for the administration and enforcement of the provisions of this article as provided in this article, the commissioner, with approval of the State Board of Agriculture and Industries, may also adopt and promulgate such other rules and regulations as may be necessary to carry out the evident intent and purpose of this article. A public hearing with due notice thereof shall be given before rules and regulations are approved and adopted as authorized in this section.
(Acts 1951, No. 908, p. 1548, §4; Acts 1971, No. 1949, p. 3151, §14; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-10 - License to Sell.

Section 2-27-10
License to sell.
(a) Before any person sells or offers for sale any restricted-use pesticide in this state for use therein or before any person sells such restricted pesticide for importation into this state where such sale is directly to the user, custom applicator, aerial applicator, or pest-control operator, the person shall apply for and obtain from the commissioner an annual license which authorizes the sale of restricted-use pesticides to persons who have been issued certified pesticide-use permits as required by Section 2-27-11. The license required by this section shall be posted in a conspicuous place in licensee's sales outlet. Application forms for this purpose shall be furnished by the commissioner, which shall be accompanied by a license fee established by the Board of Agriculture and Industries. All such licenses shall expire December 31 of each year and shall be renewed annually as of January 1, upon payment of the required annual license fee. Any person who has more than one sales outlet or establishment in Alabama shall pay an additional license fee established by the board for each such additional sales outlet. If the license fee is not paid by February 15, or within 45 days following its due date, a delinquent penalty of 10 percent shall be added to the license fee. License fees collected under this section shall be deposited to the credit of the Agricultural Fund of the State Treasury.
(b) Before any person is issued a license under this section authorizing the sale of restricted-use pesticides, the person shall comply with all requirements of this article and rules and regulations as may be promulgated and approved for the sale of such pesticides.
(c) It is hereby intended that every person who sells or offers for sale restricted-use pesticides directly to farmer users, custom applicators, aerial applicators, pest-control operators, or other users of restricted-use pesticides shall be subject to licensing requirements of this section except as exempt under Section 2-27-5. The Commissioner of Agriculture and Industries, with approval of the board, may promulgate rules and regulations for the purpose of determining whether dealers who apply for a license as required in this section are qualified and equipped to safely handle, keep, store, deliver, transport, and sell or offer for sale restricted-use pesticides, to the end that such pesticides will be sold, stored, and otherwise handled by such dealers in a manner that will not endanger or be hazardous or cause injury or damage to human health, nontarget animals, wildlife, crops, water, or be detrimental to the general environment. Any person denied a license as required in this section shall be entitled to the review, hearing, and appeal rights provided under subsection (d) of Section 2-27-9.
(Acts 1971, No. 1949, p. 3151, §5; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-11 - Use Permits.

Section 2-27-11
Use permits.
(a) Each person shall obtain a pesticide-use permit from the commissioner before the person is eligible to purchase and use a restricted-use pesticide. Application forms for such permits shall be furnished by the commissioner, and the permit shall be valid and effective for a period of time to be established by rules and regulations of the State Board of Agriculture and Industries unless sooner revoked by the commissioner for cause as specified in rules and regulations promulgated by the commissioner with approval of the board.
(b) Before any person is authorized to purchase and use restricted-use pesticides for application or use thereof, the person shall meet certain qualifications to be prescribed pursuant to rules and regulations of the commissioner approved by the board. The regulations shall be designed to satisfy the requirements of the federal Insecticide, Fungicide, and Rodenticide Act, as amended, and to determine whether the user or applicator of restricted-use pesticides can use and apply such products in a manner that will not endanger or be injurious to human health and nontarget animals, wildlife, vegetation, crops, and water or be detrimental to the general environment and whether such user is familiar with methods of safe storage, handling, use, applications, and disposal of such pesticides and pesticide containers so as to avoid hazardous effects that may result from any improper use, handling, or application of such products.
(c) In addition to any other requirement, the applicant, for initial issuance or any reissuance of a permit to purchase and use restricted-use pesticides, shall pay to the commissioner a permit fee of not less than $15 nor more than $60 per category of certification for a commercial pesticide applicator permit, nor more than $40 for certification as a private pesticide applicator to be determined by the board through the adoption of rules and regulations. In determining the exact amount of the fee, the board shall take into consideration whether the permit holder is purchasing and using restricted-use pesticides for private or commercial purposes. Pending the adoption of rules, the permit fee shall be $15. All moneys collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(Acts 1971, No. 1949, p. 3151, §6; Acts 1977, No. 580, p. 769, §2; Acts 1989, No. 89-653, p. 1295, §1; Acts 1993, No. 93-755, p. 1509, §1; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-12 - Sampling and Inspection.

Section 2-27-12
Sampling and inspection.
(a) The commissioner or his agent is authorized to enter upon any public or private premise or carrier at reasonable times during regular business hours in the performance of his duties relating to pesticides, devices and records pertaining to same. It shall be a violation of the penalty provisions of this article for any person to refuse to allow such entrance for sampling and inspection purposes.
(b) The commissioner or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale or distributed within this state, at a time and place and to such an extent as he may deem necessary to determine whether such pesticides are in compliance with the provisions of this article.
(c) The official analysis shall be made from the official sample. The registrant may obtain upon request a portion of said official sample. If the official analysis conforms to the provisions of this article, the official sample may be destroyed. If the official analysis does not conform to the provisions of this article, then the official sample shall be retained for a period to be determined by the State Board of Agriculture and Industries pursuant to regulations.
(d) If any pesticide, pesticide container or device fails to comply with or is otherwise in violation of any of the provisions and requirements of this article, or rules and regulations promulgated thereunder, and the commissioner contemplates possible legal proceedings against the person responsible for any such violation, the commissioner shall, after due notice, accord such person an informal hearing or an opportunity to present his views, either orally or in writing, with regard to such violation or contemplated legal proceedings; and, if in the opinion of the commissioner the facts so warrant, the commissioner may refer the facts to the Attorney General of Alabama for appropriate legal action pursuant to the enforcement and penalty provisions of this article; provided, that nothing in this article shall be construed as requiring the commissioner to report for any legal action or prosecution minor violations whenever he believes that the public interest will be best served by a suitable notice of warning in writing. It shall be the duty of each district attorney, assistant district attorney or deputy district attorney to whom any violation is reported and referred to by the Attorney General to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction to the end that appropriate legal action may be taken against persons who do not comply with the provisions of this article.
(Acts 1951, No. 908, p. 1548, §5; Acts 1971, No. 1949, p. 3151, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-13 - Deficiencies in Analysis.

Section 2-27-13
Deficiencies in analysis.
No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deviation from guarantee is greater than plus or minus three percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed, except as provided by the commissioner by regulation approved by the State Board of Agriculture and Industries.
(Acts 1971, No. 1949, p. 3151, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-15 - Suspension From Sale, Seizure and Condemnation.

Section 2-27-15
Suspension from sale, seizure and condemnation.
Any pesticide, pesticide container or device that is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state in violation of any of the provisions of this article shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title.
(Acts 1951, No. 908, p. 1548, §8; Acts 1971, No. 1949, p. 3151, §12.)