reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-20 - Labeling.

Section 2-21-20
Labeling.
A commercial feed, regardless of the container in which it is shipped or sold, shall be labeled as follows:
(1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
a. The net weight.
b. The product name and the brand name, if any, under which the commercial feed is distributed.
c. The guaranteed analysis stated in such terms as the commissioner by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists.
d. The common or usual name of each ingredient used in the manufacture of the commercial feed; provided, that the commissioner, by regulation, may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers.
e. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
f. Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use.
g. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed.
(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip or other shipping document, bearing the following information:
a. Name and address of the manufacturer.
b. Name and address of the purchaser.
c. Date of delivery.
d. The product name and brand name, if any, the net weight of each commercial feed used in the mixture and the net weight of each other ingredient used.
e. Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use.
f. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed.
(3) In the case of a "vertical-integrator feed" all the conditions specified under subdivision (2) of this section for the customer-formula feed will apply except that the records will be kept at the place of manufacture and need not accompany the feed as it is transported to point of use, except as required by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.).
(Acts 1978, No. 780, p. 1143, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-21 - Misbranding.

Section 2-21-21
Misbranding.
A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in Section 2-21-20;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
(5) If any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(Acts 1978, No. 780, p. 1143, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-23 - Prohibited Acts.

Section 2-21-23
Prohibited acts.
The following acts and the causing thereof within the State of Alabama are hereby prohibited:
(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded.
(2) The adulteration or misbranding of any commercial feed.
(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of subdivision (1) of Section 2-21-22.
(4) The removal or disposal of a commercial feed in violation of an order under Section 2-21-27.
(5) The failure or refusal to obtain a license in accordance with Section 2-21-19.
(6) The violation of Section 2-21-30.
(7) Failure to pay inspection fees and file reports as required by Section 2-21-24.
(Acts 1978, No. 780, p. 1143, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-24 - Inspection Fee; Quarterly Statement; Disposition of Fees; Overpayments.

Section 2-21-24
Inspection fee; quarterly statement; disposition of fees; overpayments.
(a) An inspection fee established by the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton shall be paid on commercial feeds by every person who distributes the commercial feed in this state, exempting bulk grain; except that:
(1) The inspection fee shall be paid only once on any commercial feed, feed ingredients, customer-formula feeds or parts thereof. Commercial feeds, feed ingredients, customer-formula feeds or parts thereof on which the inspection fee has not been paid by the distributor or previous distributor shall be subject to the inspection fee.
(2) No fee shall be paid on "vertical-integrator feed" or on the ingredient used to manufacture a "vertical-integrator feed." Any services the Department of Agriculture and Industries provides manufacturers of "vertical-integrator feed" in relation to this chapter shall be paid for according to fees established by the board.
(3) In the case of a commercial feed distributed in this state in packages or containers of ten pounds or less, an annual fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100) per product shall be paid to the benefit of the Agricultural Fund in lieu of the inspection fee specified above.
(b) Each person who is liable for the payment of such fee also shall:
(1) File, not later than the last day of January, April, July, and October of each year, a quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter. Upon filing the quarterly statement, the person shall pay the inspection fee at the rate stated in subsection (a). Inspection fees which have not been paid to the commissioner within 15 days following the date due shall have a penalty fee of 15 percent (minimum $15.00) added to the amount due. The assessment of this penalty fee shall not prevent the commissioner from taking other actions as provided in this chapter.
(2) Keep records as may be necessary or required by the commissioner to indicate accurately the tonnage of commercial feed distributed in this state. The commissioner may examine the records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the licenses on file for the distributor.
(c) Fees collected pursuant to this section, including license fees collected under Section 2-21-19, shall be deposited to the credit of the Agricultural Fund of the State Treasury for the regulatory duties of the Department of Agriculture and Industries.
(d) Amounts improperly or illegally collected under this chapter as overpayments may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(Acts 1978, No. 780, p. 1143, §9; Acts 1979, No. 79-310, p. 463; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-25 - Rules and Regulations.

Section 2-21-25
Rules and regulations.
(a) The commissioner, with the approval of the board, is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that the commissioner, with the approval of the board, would have the authority under this chapter to promulgate such regulations.
(b) Before the issuance, amendment or repeal of any rule or regulation authorized by this chapter, the commissioner shall give adequate notice of the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties including all current licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner, with approval of the board, shall take appropriate action to adopt and promulgate the proposed rule or regulation or to amend or repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the commissioner, pursuant to the authority of this chapter, adopts the official definitions of feed ingredient or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this chapter without regard to the publication of the notice required by this subsection, unless the commissioner, by order, specifically determines that said amendment or modification shall not be adopted.
(Acts 1978, No. 780, p. 1143, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-27 - Stop Sale Orders, Seizure and Condemnation.

Section 2-21-27
Stop sale orders, seizure and condemnation.
When the commissioner or his duly authorized agent has reasonable cause to believe that any lot or other quantity of commercial feed is being distributed, sold or offered for sale or kept for sale in violation of any of the requirements of this chapter or rules or regulations adopted under this chapter, he may issue and enforce a written or printed "stop sale" or "suspension from sale" order warning the distributor not to dispose of the lots of commercial feed in the manner as provided by Section 2-2-30. Any lot or other quantity of commercial feed not in compliance with this chapter or rules and regulations adopted thereunder shall also be subject to seizure and condemnation on complaint of the commissioner filed in the circuit court in accordance with the procedure and requirements of Sections 2-2-31 and 2-2-32.
(Acts 1978, No. 780, p. 1143, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-28 - Short Weight.

Section 2-21-28
Short weight.
If any commercial feed in the possession of or consigned to the purchaser is found by the commissioner to be short in weight, the licensee who manufactures or distributes said commercial feed shall, within 30 days after an official notice from the commissioner, pay to the purchaser a penalty equal to four times the value of the actual shortage. The commissioner, by regulation and with approval of the board may allow reasonable tolerances for short weight due to loss through handling and transportation.
(Acts 1978, No. 780, p. 1143, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-29 - Feed Deficiency Penalties.

Section 2-21-29
Feed deficiency penalties.
If a commercial feed is found to be deficient in a constituent guaranteed on the label by more than one "permitted analytical variation," a monetary penalty is assessed in an amount equal to five percent of the purchase price of the product and 10 percent for each additional "permitted analytical variation deficiency." An exception to this penalty rate will apply for nutrients in commercial feeds where the level in the feed is guaranteed to be one and one-half percent or less. If these nutrients are found to be deficient by one "permitted analytical variation," a monetary penalty is assessed in the amount of two percent of the purchase price and two percent for each additional "permitted analytical variation." The total penalty assessed under this section for major and minor constituents shall not exceed 25 percent of the selling price of the feed, with a minimum penalty of $10.00.
Penalties assessed under this section shall be paid by the guarantor of the feed to the consumer of the feed within 60 days from the date of notice if the consumer can be identified and located. The commissioner shall be notified of such payment in a form and manner prescribed in rules and regulations. When the consumer cannot be identified and located, then the penalty shall be paid to the commissioner for deposit to the credit of the Agricultural Fund of the State Treasury.
(Acts 1978, No. 780, p. 1143, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-30 - Recovery of Short Weight and Feed Deficiency Penalties.

Section 2-21-30
Recovery of short weight and feed deficiency penalties.
In any case wherein the licensee fails or refuses to make payment of a penalty to the purchaser within the time required, the purchaser may institute legal action against the licensee for the recovery of such penalty as provided in Sections 2-21-28 and 2-21-29. Any judgment against the licensee shall be double the amount of the penalty and shall include a reasonable attorney's fee and court costs. In cases where the licensee is required to pay the amount of any penalty to the commissioner for deposit to the credit of the Agricultural Fund, and the licensee fails or refuses to make such payment within the time required, the commissioner may institute legal action in a court of competent jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee following the 60 day payment period.
(Acts 1978, No. 780, p. 1143, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-31 - Penalties for Violations of Chapter or Rules and Regulations; Injunctive Relief; Warning Notices.

Section 2-21-31
Penalties for violations of chapter or rules and regulations; injunctive relief; warning notices.
(a) Penalties. 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 or who shall sell or offer for sale or distribute for sale any commercial feed in violation of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) Injunctive relief. In addition to the penalty provided hereunder, the commissioner may apply by petition or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction and for cause shown to grant a temporary or permanent injunction, or both, restraining and enjoining any person from violating or continuing to violate any of the provisions and requirements of this chapter or any rule or regulation promulgated under authority of this chapter. Such injunction shall be issued without bond. Petitions for injunctive relief as authorized hereunder shall be filed in the circuit court of the county of residence of the defendant or in the county where such violation or violations occurred.
(c) Warning notices. Nothing in this chapter shall be construed as requiring the commissioner or his representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order as a result of minor violations of this chapter,
when he believes the public interest will best be served by suitable notice of warning in writing.
(Acts 1978, No. 780, p. 1143, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-32 - Protection of Trade Secrets.

Section 2-21-32
Protection of trade secrets.
Any person who seeks to his own advantage, or reveals to other than the commissioner or officers of the commissioner (appropriate department of the state), or to the court when relevant in any judicial proceeding, any information acquired under the authority of this chapter concerning any method, record, formulation or processes which, as a trade secret, is entitled to protection, is guilty of a misdemeanor and shall, on conviction thereof, be fined not less than $500.00 or imprisoned for not more than six months or both; provided, that this prohibition shall not be deemed as prohibiting the commissioner or his duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States government or all other states who are similarly prohibited by law from revealing this information.
(Acts 1978, No. 780, p. 1143, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-33 - Cooperation With Other Entities.

Section 2-21-33
Cooperation with other entities.
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter.
(Acts 1978, No. 780, p. 1143, §18.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-34 - Publication of Certain Information.

Section 2-21-34
Publication of certain information.
The commissioner may publish annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable; provided, that the information concerning production and use of commercial feed shall not disclose the operations of any persons.
(Acts 1978, No. 780, p. 1143, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-4 - Fertilizer Dealer Permit Required; Relation to Section 2-22-5.

Section 2-22-4
Fertilizer dealer permit required; relation to Section 2-22-5.
Before any person may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof, the person shall first procure a fertilizer dealer permit from the commissioner authorizing the person to sell, exchange, or deal therein. The permit shall be issued on payment of a fee established by the Board of Agriculture and Industries not to exceed ten dollars ($10), and shall expire on September 30 of each year. A permit as required by this section shall be obtained for each separate place of business at which commercial fertilizer is sold or offered for sale to the user thereof. Any person required to procure a license under Section 2-22-5 shall not be required to procure a permit as required by this section as it is the intent of this section that every person who purchases any commercial fertilizer for resale where the fertilizer is not manufactured, mixed, formulated, or labeled by the person is required to obtain the permit required by this section.
(Acts 1969, No. 434, p. 840, §4; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-6 - Cancellation or Refusal of Licenses.

Section 2-22-6
Cancellation or refusal of licenses.
The commissioner is authorized and empowered to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory evidence that the licensee or applicant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter or any rules and regulations promulgated thereunder; provided, that no license shall be revoked or refused until the licensee shall have been given the opportunity to appear for a hearing before the board, with the further opportunity of appealing to a court of competent jurisdiction for judicial review of such revocation or refusal.
(Acts 1969, No. 434, p. 840, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-7 - Labeling of Commercial Fertilizers.

Section 2-22-7
Labeling of commercial fertilizers.
(a) Any commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein in containers shall have printed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(1) The net weight;
(2) The brand and grade;
(3) The guaranteed analysis;
(4) The materials from which the plant nutrients are derived with the percentage of each as may be required by regulations of the board; and
(5) The name and principal address of the manufacturer or other person responsible for placing it on the market.
(b) If distributed in bulk, a written or printed statement of the information required by subdivisions (1), (2), (3), (4) and (5) of subsection (a) of this section shall accompany delivery and be supplied to the purchaser at time of delivery.
(c) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the information contained in subdivisions (1), (3) and (5) of subsection (a) of this section.
(Acts 1969, No. 434, p. 840, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-8 - Licensing and Labeling Requirements for Sale of Soil Conditioners and Soil Amendments.

Section 2-22-8
Licensing and labeling requirements for sale of soil conditioners and soil amendments.
Every person who sells or offers for sale in or for importation into this state any soil conditioner or soil amendment for which label or labeling claims are made that such a product contains plant nutrients shall be subject to all of the requirements of this article for the sale of commercial fertilizer including the license and inspection fee requirement. If any label or labeling claims are made for the release of plant nutrients in the soil or of any bacterial action causing the release of plant nutrients in the soil in connection with the sale of any soil conditioner or soil amendment, a license authorizing the sale of the product shall be obtained from the commissioner. The commissioner may issue such a license in accordance with regulations promulgated by the board.
(Acts 1969, No. 434, p. 840, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-10 - Furnishing of Semiannual Tonnage Reports by Licensees.

Section 2-22-10
Furnishing of semiannual tonnage reports by licensees.
(a) Each licensee shall furnish the commissioner a report showing the number of tons of each grade of fertilizer sold in each county in the state semiannually pursuant to regulations adopted by the board. Said report shall be submitted not later than 30 days following the close of the six-month period; provided, however, that more frequent reports giving this information may be required by the commissioner with the approval of the board. This report may be made on a special summary form provided by the commissioner or by submitting a copy of the invoice. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.
(b) When more than one person is involved in the sale, importation or distribution of a commercial fertilizer, the licensee who distributes the fertilizer to a nonlicensee is responsible for reporting the tonnage as under subdivision (c) of Section 2-22-9.
(Acts 1969, No. 434, p. 840, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-11 - Inspection, Sampling, Testing and Analysis of Commercial Fertilizers by Commissioner; Furnishing of Results, etc., to Licensees Where Fertilizers Found Subject to Penalty or Legal Action.

Section 2-22-11
Inspection, sampling, testing and analysis of commercial fertilizers by commissioner; furnishing of results, etc., to licensees where fertilizers found subject to penalty or legal action.
(a) It shall be the duty of the commissioner, who may act through his authorized agent, to sample, inspect, make analyses of and test commercial fertilizers distributed within this state at such times and places and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter.
(b) The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution.
(c) In drawing any official sample and in making any analysis, the officially adopted methods and terminology of the association of official analytical chemists shall be used. In cases not covered by such officially adopted methods and terminology, the commissioner shall, as soon as practicable and from other sources deemed proper, adopt and publish appropriate methods and terminology.
(d) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in subdivision (7) of Section 2-22-2 and obtained and analyzed as provided for in subsection (c) of this section.
(e) The results of official analysis of any commercial fertilizer which has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the licensee at least 10 days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request the commissioner shall furnish to the licensee a portion of any sample found subject to penalty or other legal action.
(f) The analysis, test and sampling of commercial fertilizers shall be made and conducted in accordance with and be subject to the provisions and requirements of Article 2 of Chapter 2 of this title.
(Acts 1969, No. 434, p. 840, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-12 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Generally.

Section 2-22-12
Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers - Generally.
(a) If the analysis shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances as established by regulation adopted by the State Board of Agriculture and Industries pursuant to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by the board.
(b) Deficiencies in any other constituent or constituents covered under paragraphs b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board; provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of such penalties.
(d) When an official sample of a lot of commercial fertilizer shows a deficiency beyond the tolerance allowed under regulations of the board, a penalty shall be assessed in accordance with regulations promulgated by the board, which penalty shall be paid to the consumer by the licensee, and receipts shall be taken therefor and forwarded to the commissioner within 60 days after receiving written notification of such deficiency and the amount of the penalty from the commissioner. If any consumer of commercial fertilizer which has been determined by official analysis to be deficient and subject to penalty cannot be found, payment of the amount of such penalty shall be made to the commissioner within a period of 60 days for deposit in the State Treasury to the credit of the Agricultural Fund.
(e) Lots of fertilizer in manufacturing plants, on dealers' premises or elsewhere from which samples are drawn and which are determined to be deficient by official analysis or are not otherwise in compliance with the requirements of this chapter, shall be subject to suspension from sale, seizure and condemnation in accordance with Section 2-22-6. Where any such lot of commercial fertilizer or portions thereof are sold by the licensee before the official analysis report is received by the commissioner and before notice has been given to the licensee of such deficiency, the penalty shall be paid to either the consumer of such commercial fertilizer or to the commissioner as provided in subsection (d) of this section.
(Acts 1969, No. 434, p. 840, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-13 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Legal Actions for Recovery of Penalty.

Section 2-22-13
Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers - Legal actions for recovery of penalty.
In any case wherein the licensee fails or refuses to make payment to the consumer of a penalty within the time required, the consumer may institute legal action against the licensee for the recovery of such penalty as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount of the penalty and shall include a reasonable attorney's fee and court costs. In cases where the licensee is required to pay the amount of any penalty to the commissioner for deposit to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment within the time required, the commissioner may institute legal action in a court of competent jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee following the 60-day payment period.
(Acts 1969, No. 434, p. 840, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-14 - Ascertainment and Publication of Fair Market Values of Nitrogen, Available Phosphorus and Soluble Potassium in Commercial Fertilizers.

Section 2-22-14
Ascertainment and publication of fair market values of nitrogen, available phosphorus and soluble potassium in commercial fertilizers.
For the purpose of determining the commercial values to be applied under the provisions of Section 2-22-12, the commissioner shall ascertain and publish annually the fair market values per pound of nitrogen, available phosphorus and soluble potassium in commercial fertilizers in this state. The values so determined and published shall be used in determining and assessing penalties.
(Acts 1969, No. 434, p. 840, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-15 - Establishment, etc., of Standards of Classification for Commercial Fertilizers Generally; Adoption of Standards for Sale of Specialty Fertilizers; Establishment of Standards and Minimum Guarantees for Plant Nutrients Other Than Nitrogen, Phosphorus and Available Potassium.

Section 2-22-15
Establishment, etc., of standards of classification for commercial fertilizers generally; adoption of standards for sale of specialty fertilizers; establishment of standards and minimum guarantees for plant nutrients other than nitrogen, phosphorus and available potassium.
The board shall have authority to establish standards of classification for commercial fertilizer according to ratios and grades by which its quality, condition, fertilizing or plant food value may be judged and to alter or modify such standards when found to be necessary. In pursuance thereof, the board is authorized to establish, adopt and promulgate a list of minimum analysis ratios and grades for commercial fertilizers including minimum available plant food content for nitrogen, available phosphorus and available soluble potassium and also for superphosphate with potassium, nitrogen with superphosphate and superphosphate.
The board shall also be authorized to define and to adopt standards for the sale of specialty fertilizers together with conditions and restrictions under which they may be sold and to establish standards and minimum guarantees for plant nutrients other than nitrogen, available phosphorus and soluble potassium. Before the board shall establish and adopt minimum plant food ratios, grades and other activities as authorized in this section, it shall hold a public hearing open to all interested persons, and it shall also request recommendations thereon from the Director of the Agricultural Experiment Station and the Cooperative Extension Service of Auburn University relating to the need for such action.
(Acts 1969, No. 434, p. 840, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-16 - Sale, Offer for Sale or Distribution of Misbranded Commercial Fertilizers; When Commercial Fertilizers Deemed Misbranded; Adoption of Regulations Defining Plant Nutrients or Commercial Fertilizers.

Section 2-22-16
Sale, offer for sale or distribution of misbranded commercial fertilizers; when commercial fertilizers deemed misbranded; adoption of regulations defining plant nutrients or commercial fertilizers.
(a) No person shall sell, offer for sale or distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular;
(2) It is distributed under the name of another fertilizer product;
(3) It is not labeled as required in Section 2-22-7 and in accordance with regulations prescribed under this chapter; and
(4) It purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the board.
(b) In adopting the regulations provided for in subdivision (4) of subsection (a) of this section, the board shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Fertilizer Control Officials.
(Acts 1969, No. 434, p. 840, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-17 - Sale, Offer for Sale or Distribution of Adulterated Commercial Fertilizers; When Commercial Fertilizers Deemed Adulterated.

Section 2-22-17
Sale, offer for sale or distribution of adulterated commercial fertilizers; when commercial fertilizers deemed adulterated.
No person shall sell, offer for sale or distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown upon the label; and
(2) Its composition falls below or differs from that which it is purported to possess by its labeling.
(Acts 1969, No. 434, p. 840, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-18 - Penalty for Manufacture of Commercial Fertilizer Short in Weight.

Section 2-22-18
Penalty for manufacture of commercial fertilizer short in weight.
If any commercial fertilizer in the possession of or consigned to the consumer is found by the commissioner to be short in weight, the licensee who manufactures said commercial fertilizer shall, within 30 days after official notice from the commissioner, pay to the consumer a penalty equal to four times the value of the actual shortage.
(Acts 1969, No. 434, p. 840, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-19 - Annual Publications.

Section 2-22-19
Annual publications.
The commissioner shall publish at least annually and in such form as he may deem proper:
(1) Information concerning the distribution of commercial fertilizer; and
(2) The results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the guaranteed analyses.
(Acts 1969, No. 434, p. 840, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-20 - Rules and Regulations.

Section 2-22-20
Rules and regulations.
For the administration and enforcement of this chapter, the board is authorized to adopt and promulgate reasonable rules and regulations relating to the sale and distribution of commercial fertilizers necessary to carry out the full intent and meaning of this chapter, including, but not limited to, fixing tolerances for plant food deficiency penalty assessments pursuant to Section 2-22-12, providing for the incorporation into commercial fertilizer of such other substances as pesticides and the proper labeling of such mixture, establish a fee together with such other rules and regulations reasonably necessary to implement, make specific, and interpret the provisions of this chapter. Notwithstanding any other provisions of this chapter and specifically the provisions of subdivision (5) of Section 2-22-2 relating to guaranteed analysis, the commissioner with the approval of the board shall be authorized to require by rules and regulations that the guaranteed analysis of phosphorus and potassium for labeling purposes shall be expressed in the elemental form, but until such rules and regulations are duly promulgated and adopted, the guaranteed analysis shall not be required to be expressed in the elemental form.
(Acts 1969, No. 434, p. 840, §18; Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-21 - Suspension From Sale, Seizure and Condemnation of Commercial Fertilizers Not in Compliance With Chapter or Rules or Regulations Promulgated Thereunder.

Section 2-22-21
Suspension from sale, seizure and condemnation of commercial fertilizers not in compliance with chapter or rules or regulations promulgated thereunder.
Any lot or other quantity of commercial fertilizer not in compliance with the provisions of this chapter or rules and regulations duly adopted and promulgated under this chapter shall be subject to suspension from sale, seizure and condemnation. The issuance of a "suspension from sale or use" or "stop sale" and seizure and condemnation of any lot or other quantity of commercial fertilizer sold, offered for sale or kept for sale in violation of the provisions of this chapter shall be in accordance with such procedure as is now prescribed under Article 2 of Chapter 2 of this title.
(Acts 1969, No. 434, p. 840, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-22 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors; Injunctive Proceedings to Restrain Violations of Chapter or Rules or Regulations Promulgated Thereunder.

Section 2-22-22
Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations promulgated thereunder.
(a) 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 thereunder or who shall sell or offer for sale or distribute for sale any commercial fertilizer in violation of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as now prescribed by law for such an offense.
(b) In addition to the penalty provided in subsection (a) of this section, the commissioner may apply by petition to a circuit court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both restraining and enjoining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under authority of this chapter. Said temporary restraining order or permanent injunction shall be issued without bond.
(Acts 1969, No. 434, p. 840, §22.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-23 - Chapter Not to Restrict or Avoid Sales or Exchanges of Commercial Fertilizers Between Manufacturers, Processors, etc., or Shipment of Fertilizers to Manufacturers or Processors.

Section 2-22-23
Chapter not to restrict or avoid sales or exchanges of commercial fertilizers between manufacturers, processors, etc., or shipment of fertilizers to manufacturers or processors.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers or processors who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or processors.
(Acts 1969, No. 434, p. 840, §23.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-2 - Definitions.

Section 2-23-2
Definitions.
The following terms, as used in this chapter and rules adopted under authority of this chapter, shall have the following meanings, respectively:
(1) AGRICULTURAL LIMING MATERIALS. Those products whose calcium and magnesium compounds are capable of neutralizing soil acidity.
(2) BOARD. The Board of Agriculture and Industries of the State of Alabama.
(3) BRAND. The term, designation, trademark, product name, or the specific designation under which an individual or type of agricultural liming material is offered for sale.
(4) BULK. Nonpackaged form.
(5) BURNT LIME. A material made from limestone which consists essentially of calcium oxide or a combination of calcium and magnesium oxides.
(6) CALCITIC LIMESTONE. A calcareous rock composed wholly or largely of calcium carbonate.
(7) CALCIUM CARBONATE EQUIVALENT or CCE. The acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
(8) CHALK. A soft, friable, loosely consolidated material composed largely of calcium carbonate.
(9) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(10) DOLOMITIC LIMESTONE. A calcareous rock composed of calcium and magnesium carbonates with a minimum elemental magnesium (Mg) content of six percent.
(11) FINENESS. The percentage by weight of the material which will pass U.S. standard sieves of specified sizes.
(12) GROUND SHELLS. A product obtained by the grinding of shells of mollusks and which shall carry the name of mollusk origin.
(13) HYDRATED LIME. A material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.
(14) INDUSTRIAL BY-PRODUCT USED AS LIMING MATERIALS. Any industrial by-product containing calcium or calcium and magnesium in forms that will neutralize acidity.
(15) LABEL. Any written or printed matter on or attached to the package or delivery ticket which accompanies a bulk shipment.
(16) LIMESTONE. A calcareous rock composed primarily of calcium carbonate or a combination of calcium and magnesium carbonates.
(17) PERCENT or PERCENTAGE. By weight.
(18) PERSON. Any individual, partnership, corporation, association or other legal entity, or organization.
(19) RELATIVE NEUTRALIZING VALUE or RNV. A calculation that uses calcium carbonate equivalent and fineness to represent the effectiveness of agricultural liming materials.
(20) TON. Two thousand pounds avoirdupois.
(Acts 1975, No. 1190, §2; Act 2021-321, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-3 - Permit Required for Manufacturing or Distribution; Fees.

Section 2-23-3
Permit required for manufacturing or distribution; fees.
Every manufacturer or distributor selling agricultural liming materials in this state shall, on or before October 1 of each year or prior to manufacture or distribution of such liming material in the State of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished by the commissioner. Such application shall be accompanied by a permit fee established by the Board of Agriculture and Industries not to exceed two hundred fifty dollars ($250) and shall show the brand name under which the liming material will be sold. If more than one type of agricultural liming material is manufactured or distributed or the product or the brand name is changed by a manufacturer or distributor, an additional permit fee established by the Board of Agriculture and Industries not to exceed one hundred twenty-five dollars ($125) for each additional brand or type of liming material must be paid. All permits shall expire on September 30 of the following year. When the manufacturer and the distributor are not the same, only one permit shall be required unless the brand name is changed, as it is hereby intended that the permit fee be paid only once on the same brand. Such application shall contain the name and address of the manufacturer or distributor, the brand name and common name of each such product together with the correct name of the material which it desires to sell in Alabama and the guaranteed analysis thereof and such other information as may be required for the effective administration and enforcement of the provisions of this chapter pursuant to rules and regulations adopted by the board.
(Acts 1975, No. 1190, §3; Act 2004-516, p. 996, §1.)