reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 6 - Cotton and Cotton Products. › Section 2-8-211 - Penalty; Inspection of Books and Records; Injunctions.

Section 2-8-211
Penalty; inspection of books and records; injunctions.
(a) Any ginner of cotton who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries any assessment required by this article to be so collected and remitted to the commissioner shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect and review his books and records which disclose the bales of cotton he ginned for the purpose of ascertaining accuracy of amounts of assessments collected and remitted as required under this article shall also be guilty of a Class C misdemeanor.
(b) In addition to the above penalty and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof, shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both, restraining and enjoining any person from violating any provision or requirement of this article. Actions for injunctive relief as authorized hereunder shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court or other court of like jurisdiction in the county of residence of the person who gins cotton in violation of the provisions of this article or in the county where such violation occurs. Any restraining order or injunction issued hereunder shall be issued without a bond.
(Acts 1981, No. 81-388, p. 586, §22.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-230 - Legislative Intent and Purpose.

Section 2-8-230
Legislative intent and purpose.
It is hereby declared to be in the interest of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, and purchasers of wheat, corn, grain sorghum, and oats and with the Commissioner of Agriculture and Industries and with the State Board of Agriculture and Industries in promoting and stimulating by research, education, advertising and other methods, the increased and efficient production, distribution, use and sale of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats products; and it is the intent and purpose of this article to authorize and provide a method and procedure for a promotional program for the wheat, corn, grain sorghum, and oats industry and the financing thereof pursuant to powers of the Legislature as authorized by the amendment to the state Constitution which expressly authorizes such activity.
(Acts 1985, No. 85-701, p. 1142, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-231 - Authorized Activities Not Illegal or in Restraint of Trade.

Section 2-8-231
Authorized activities not illegal or in restraint of trade.
No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama wheat, corn, grain sorghum, and oats industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1985, No. 85-701, p. 1142, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-232 - Referendum and Assessments Declared to Be in Public Interest.

Section 2-8-232
Referendum and assessments declared to be in public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that wheat, corn, grain sorghum, and oats producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the collection thereof for the financing or contributing toward the financing of a program of research, education, advertising and other methods designed to increase or promote the efficient and economical production, distribution and marketing as well as the increased use, consumption and sale of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats products.
(Acts 1985, No. 85-701, p. 1142, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-233 - Application of Nonprofit Association for Certification and Approval to Conduct Referendum — Generally.

Section 2-8-233
Application of nonprofit association for certification and approval to conduct referendum — Generally.
Any nonprofit association of producers fairly and substantially representative of the producers of wheat, corn, grain sorghum, and oats throughout the state, may at any time after this article becomes effective, make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a referendum among wheat, corn, grain sorghum, and oats producers of the state, upon the question of levying an assessment, collecting, expending and utilizing same for the purpose or purposes authorized under this article and as stated in such referendum. Any nonprofit association approved or certified hereunder as an approved or certified association by the State Board of Agriculture and Industries shall be authorized to execute or carry out such a promotional program within the limits prescribed by this article.
(Acts 1985, No. 85-701, p. 1142, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-234 - Application of Nonprofit Association for Certification and Approval to Conduct Referendum - Action by Board on Application.

Section 2-8-234
Application of nonprofit association for certification and approval to conduct referendum - Action by board on application.
Upon filing with the State Board of Agriculture and Industries of an application by any nonprofit association of wheat, corn, grain sorghum, and oats producers, the said board shall within 30 days thereafter meet and consider the application. If it is shown by the applicant to the satisfaction of the board that the applicant is fairly and substantially representative of the wheat, corn, grain sorghum, and oats producers of this state, and shall otherwise find and determine that such application and the program proposed therein are in conformity with the provisions and purposes of this article, then, and in such an event, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such organization is duly authorized to conduct among the wheat, corn, grain sorghum, and oat producers of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article. In the event there is more than one pending application at any time, the board must decide between the pending applications based on the program proposed, the number and geographical distribution of wheat, corn, grain sorghum, and oat producer members in the applicant organization, the size, stability, potential effectiveness and fiscal soundness of the applicant organization and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant organization and its affiliates, and the sentiment of wheat, corn, grain sorghum, and oat producers as ascertained by petitions, hearings, and otherwise as may be determined by the board. No application shall be considered if an organization holds currently valid certification.
(Acts 1985, No. 85-701, p. 1142, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-235 - Authority of Certified Association to Conduct Referendum on Assessment.

Section 2-8-235
Authority of certified association to conduct referendum on assessment.
Upon being so certified by the State Board of Agriculture and Industries, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama wheat, corn, grain sorghum, and oats producers a referendum wherein they shall be entitled to vote on the question of whether or not they shall levy upon themselves an assessment under and subject to and for the purpose stated in this article. The referendum shall be conducted on a statewide basis.
(Acts 1985, No. 85-701, p. 1142, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-236 - Notice of Referendum.

Section 2-8-236
Notice of referendum.
With respect to any referendum conducted under the provisions of this article, the duly certified organization shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected, and the general purposes to which said amount so collected shall be expended and applied. Such notice shall be published by the certified organization through the medium of an established farm publication and written notice thereof shall be given to each county agent in the area covered by the referendum.
(Acts 1985, No. 85-701, p. 1142, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-237 - Conduct of Referendum; Payment of Expenses.

Section 2-8-237
Conduct of referendum; payment of expenses.
The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the organization certified by the State Board of Agriculture and Industries to conduct the same, and such organization shall furnish all necessary ballots and arrange for the necessary poll holders. All expense and costs necessary to conduct such a referendum shall be borne by such organization.
(Acts 1985, No. 85-701, p. 1142, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-238 - Eligibility to Vote in Referendum; Question to Be Voted On.

Section 2-8-238
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries for the holding of such referendum. All producers of wheat, corn, grain sorghum, and oats who shall be subject to any assessments levied hereunder shall be entitled to vote in the referendum. In such referendum, individuals so eligible for participation therein shall vote upon the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1985, No. 85-701, p. 1142, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-239 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations on Assessment.

Section 2-8-239
Majority vote required for approval of assessment; canvass of results; limitations on assessment.
If in such referendum a majority or more of the wheat, corn, grain sorghum, and oats producers who are eligible to participate and actually vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed on such referendum, then such assessment shall be levied and collected in the manner hereinafter provided. All wheat, corn, grain sorghum, and oats producers who produce wheat, corn, grain sorghum, or oats in the crop year immediately preceding the referendum shall be eligible to participate in said referendum. Following the referendum and within 10 days thereafter the certified association shall canvass, tabulate and publicly declare and announce the results thereof. The amount of the assessment levied upon the sale of wheat, corn, grain sorghum, and oats shall not exceed $.02 per net bushel after deductions for foreign material on any wheat, corn, grain sorghum, and oats sold by the producers thereof.
(Acts 1985, No. 85-701, p. 1142, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-240 - Subsequent Referendums.

Section 2-8-240
Subsequent referendums.
In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from wheat, corn, grain sorghum, and oats producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an assessment and promotional program for the period authorized by this article, provided no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible wheat, corn, grain sorghum, and oats producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the organization conducting such referendum shall have full power and authority to call and conduct during, or after, the last year of such period another referendum in which the wheat, corn, grain sorghum, and oats producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time as authorized under this article. Any subsequent referendums as authorized hereunder shall be subject to all of the requirements as an original referendum conducted under the provisions of this article.
(Acts 1985, No. 85-701, p. 1142, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-242 - Remittances to Treasurer of Association by Commissioner.

Section 2-8-242
Remittances to treasurer of association by commissioner.
The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of January, April, July and October of each year, less a commission of three percent of the total amount so collected which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by such association for a promotional program in the manner provided by this article and the rules and regulations of the association.
(Acts 1985, No. 85-701, p. 1142, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-243 - Provisions of Article Not Applicable to Certain Purchases.

Section 2-8-243
Provisions of article not applicable to certain purchases.
The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of wheat, corn, grain sorghum, and oats in any calendar year, nor shall the provisions of this article apply to occasional sales between growers.
(Acts 1985, No. 85-701, p. 1142, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-244 - Refund of Assessment When Producer Dissatisfied; Procedure.

Section 2-8-244
Refund of assessment when producer dissatisfied; procedure.
Any producer of wheat, corn, grain sorghum, and oats against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the right to demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from such wheat, corn, grain sorghum, and oats producer, provided such demand for refund is made in writing within 30 days from the date on which such assessment was deducted from the sale price of wheat, corn, grain sorghum, and oats sold by such wheat, corn, grain sorghum, and oats producer; provided, that application for refunds of amounts deducted from the sale price of any wheat, corn, grain sorghum, and oats sold must give the name and address of the sale market or purchaser who bought the wheat, corn, grain sorghum, and oats, date of purchase, invoice or weight ticket number, if any, and the amount of wheat, corn, grain sorghum, and oats purchased from him for which the assessment was deducted. Within 30 days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries, and thereafter within 30 days after receipt of such application, the certified association shall, after such association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of such assessment, payable to seller, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1985, No. 85-701, p. 1142, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-245 - Treasurer of Association to Be Bonded.

Section 2-8-245
Treasurer of association to be bonded.
Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions of this article, the treasurer of said organization shall furnish the commissioner a bond approved by the commissioner in the amount of not less than the estimated annual total amount of the assessments handled by such officer. The surety on said bond shall be a corporate surety company duly qualified and licensed to do business in Alabama and said bond shall be conditioned upon the faithful handling, proper accounting and properly authorized expenditure of all funds received and disbursed by the principal named in said bond.
(Acts 1985, No. 85-701, p. 1142, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-246 - Expenditure of Assessments; Disbursements Not Subject to Budget or Allotment Requirements.

Section 2-8-246
Expenditure of assessments; disbursements not subject to budget or allotment requirements.
The funds derived from any assessments levied upon the sale of wheat, corn, grain sorghum, and oats as authorized under this article shall be used and expended by the certified association after such funds are remitted to it by the Commissioner of Agriculture and Industries for the purpose of promoting and stimulating by advertising and other methods the increased use and sale of wheat, corn, grain sorghum, oats, and wheat, corn, grain sorghum, and oats products. Any funds expended by the certified association not authorized by the promotional program previously approved shall be deemed as an unauthorized and illegal expenditure of such funds. All funds approved by the certified association for expenditure as required hereunder by any certified association for an approved promotional program for the wheat, corn, grain sorghum, and oat industry as authorized under this article are hereby appropriated for disbursement and expenditure by said certified associations to carry out any such approved promotional program or programs, and it shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures nor shall such disbursements and expenditures be subject to the budget and allotment requirements of Title 41, Chapter 4, Article 4, and such disbursements and expenditures shall not be restricted or subject to any other requirements for any general or special appropriations.
(Acts 1985, No. 85-701, p. 1142, §17.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-247 - Joint Programs With Other States.

Section 2-8-247
Joint programs with other states.
Any certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar agricultural commodities promotional program jointly and such associations, commissions or other agencies in other states, and such certified association shall be authorized to contribute a proportionate share of the cost and expense necessary for such a program.
(Acts 1985, No. 85-701, p. 1142, §18.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-248 - Annual Audit of Association; Review by Examiner of Public Accounts; Publication of Statement.

Section 2-8-248
Annual audit of association; review by Examiner of Public Accounts; publication of statement.
The approved and certified association receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conducted by a certified public accountant disclosing receipts, disbursements, expenditures, and other information related thereto, and a copy thereof shall be forwarded to the State Board of Agriculture and Industries for inspection and review. The Examiner of Public Accounts of the Department of Examiners of Public Accounts may audit, review, and otherwise investigate the receipts and disbursements of funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. An examination or audit as herein required and submitted to the State Board of Agriculture and Industries shall be open to public inspection. Within 90 days following the close of the certified association's fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
(Acts 1985, No. 85-701, p. 1142, §19; Act 2010-257, p. 448, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-249 - Rules and Regulations.

Section 2-8-249
Rules and regulations.
The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article which shall include the rules and regulations governing the holding of referendums as adopted by the certified association, the collection, deposit, handling, withdrawal and disbursement of assessments collected hereunder, and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article. The certified association authorized to conduct a promotional program as authorized under this article shall have a right to recommend such rules and regulations to the Board of Agriculture and Industries and upon receipt of such recommended rules and regulations said board shall meet within a period of not more than 90 days to consider their adoption. The certified association shall be given at least 10 days' notice in writing of any such meeting held for the purpose of adopting rules and regulations as authorized hereunder.
(Acts 1985, No. 85-701, p. 1142, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-250 - Enforcement Duties of Commissioner; Revocation of Certification of Association.

Section 2-8-250
Enforcement duties of commissioner; revocation of certification of association.
It shall be the duty of the Commissioner of Agriculture and Industries through the facilities of the Department of Agriculture and Industries to enforce and collect the assessment charges levied upon the sale of agricultural commodities as set forth under the provisions of this article and to enforce the rules and regulations of the State Board of Agriculture and Industries relative thereto. The State Board of Agriculture and Industries shall have authority at any time to revoke or cancel any approval or certification of an association in the event it finds that such association is not carrying out its promotional program in accordance with the provisions of this article and rules and regulations promulgated thereunder. Before any certification may be revoked the certified organization shall be given notice and an opportunity to be heard by the State Board of Agriculture and Industries upon the question of whether its certification should be revoked.
(Acts 1985, No. 85-701, p. 1142, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-251 - Purchasers to Obtain Permit From Commissioner; Procedure.

Section 2-8-251
Purchasers to obtain permit from commissioner; procedure.
Any individual, partnership, corporation, association or other business unit which buys wheat, corn, grain sorghum, or oats in Alabama from the producer thereof shall, in the event assessments are required to be deducted from the purchase price of such wheat, corn, grain sorghum, and oats under the provisions of this article, obtain from the Commissioner of Agriculture and Industries an annual permit which shall authorize such individual or business firm to engage in the business of buying wheat, corn, grain sorghum, and oats in Alabama. The permit required hereunder shall expire on June 30, the end of the year for which it is issued and shall be renewable as of July 1 unless revoked by the commissioner for failure to comply with the provisions of this article. The application for the annual permit as required hereunder shall be accompanied by a fee of $5.00 which shall be deposited by the commissioner in the State Treasury to the credit of the Agricultural Fund. The permit shall be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the requirements of this article relative to the deduction and remittance of assessments by individuals or business firms buying wheat, corn, grain sorghum, and oats in Alabama whether such individuals or business firms are domiciled in Alabama or another state.
(Acts 1985, No. 85-701, p. 1142, §22.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 7 - Grain Industry. › Section 2-8-252 - Penalty for Failure to Deduct and Pay Over Assessment, Obtain Permit, etc.; Injunctive Relief Authorized.

Section 2-8-252
Penalty for failure to deduct and pay over assessment, obtain permit, etc.; injunctive relief authorized.
(a) Any dealer, handler, processor, or other purchaser of wheat, corn, grain sorghum, and oats who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and Industries any assessment required to be so deducted and remitted to the commissioner or who fails or refuses to obtain a permit authorizing the purchase of wheat, corn, grain sorghum, and oats in Alabama shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25.00 nor more than $500.00 and within the discretion of the court, may also be imprisoned for a term not to exceed six months. Any purchaser of wheat, corn, grain sorghum, and oats who fails or refuses to allow the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect and review his books and records which disclose his purchases of wheat, corn, grain sorghum, and oats for the purpose of ascertaining accuracy of amounts deducted and remitted as required under this article shall also be guilty of a misdemeanor and upon conviction shall be punished as hereinabove provided.
(b) In addition to the above penalty and notwithstanding the existence of an adequate remedy at law, the circuit court, in equity, or other court of like jurisdiction 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 buying wheat, corn, grain sorghum, and oats in Alabama without having a valid permit as required under this article or after such a permit has been revoked or from violating any other provisions and requirements of this article. Bills in equity for injunctive relief as authorized hereunder shall be filed in the name of the Commissioner of Agriculture and Industries in the circuit court or other court of like jurisdiction in the county of residence of the person who buys wheat, corn, grain sorghum, or oats in violation of the provisions of this article or in the county where such violation occurs. Any restraining order of injunction issued hereunder shall be issued without a bond.
(Acts 1985, No. 85-701, p. 1142, §23.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-270 - Legislative Purpose and Intent.

Section 2-8-270
Legislative purpose and intent.
It is hereby declared to be in the interest of the public welfare that producers of catfish shall be authorized and encouraged to act jointly and in cooperation with handlers, dealers, processors and distributors of catfish feed and with the Commissioner of Agriculture and Industries and with the State Board of Agriculture and Industries in promoting and stimulating, by research, education, advertising and other methods, the increased and efficient production, distribution, use and sale of catfish and catfish products, and it is the intent and purpose of this article to authorize and provide a method and procedure for a promotional program for the catfish industry and the financing thereof pursuant to powers conferred upon the Legislature by Amendment 327 to the Alabama Constitution of 1901.
(Acts 1987, No. 87-587, p. 961, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-271 - Authorized Activities Not Illegal or in Restraint of Trade.

Section 2-8-271
Authorized activities not illegal or in restraint of trade.
No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama catfish industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1987, No. 87-587, p. 961, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-272 - Referendum and Assessments Declared to Be in Public Interest.

Section 2-8-272
Referendum and assessments declared to be in public interest.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that catfish producers be permitted by referendum as provided in this article to levy upon themselves an assessment and to provide for the collection thereof for the financing or contributing toward the financing of a program of research, education, advertising and other methods designed to increase or promote the efficient and economical production, distribution and marketing as well as the increased use, consumption and sale of catfish and catfish products.
(Acts 1987, No. 87-587, p. 961, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-273 - Application of Catfish Producers' Association for Certification and Approval to Conduct Referendum - Generally.

Section 2-8-273
Application of catfish producers' association for certification and approval to conduct referendum - Generally.
Any nonprofit association of catfish producers organized for the promotion and betterment of the catfish industry may make application to the State Board of Agriculture and Industries for certification and approval for the purpose of conducting a referendum among catfish producers of the state, upon the question of levying an assessment and collecting, expending and utilizing the same for the purpose or purposes authorized under this article and as stated in such referendum. Any nonprofit association approved or certified under this article as an approved or certified association by the State Board of Agriculture and Industries shall be authorized to execute or carry out such a promotional program within the limits prescribed by this article.
(Acts 1987, No. 87-587, p. 961, §;4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-274 - Application of Catfish Producers' Association for Certification and Approval to Conduct Referendum - Action by Board on Application.

Section 2-8-274
Application of catfish producers' association for certification and approval to conduct referendum - Action by board on application.
Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of catfish producers as provided in Section 2-8-273, the said board shall within 30 days thereafter meet and consider the application. If it is shown by the applicant to the satisfaction of the board that the applicant is fairly and substantially representative of the catfish producers of this state, and the board shall otherwise find and determine that such application is in conformity with the provisions and purposes of this article, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such association is duly authorized to conduct among the catfish producers of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article. In the event there is more than one pending application at any time, the board must decide between the pending applications based on the program proposed, the number and geographic distribution of catfish producer members in the applicant organization, the size, stability, potential effectiveness and fiscal soundness of the applicant organization and any organizations with which it is affiliated, the existence and effectiveness of affiliated county organizations in the applicant organization and its affiliates and the sentiment of catfish producers as ascertained by petitions, hearings and otherwise as may be determined by the board. No application shall be considered if an association holds currently valid certification.
(Acts 1987, No. 87-587, p. 961, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-275 - Authority of Certified Association to Conduct Referendum on Assessment.

Section 2-8-275
Authority of certified association to conduct referendum on assessment.
Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-274, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama catfish producers a referendum wherein they shall be entitled to vote on the question of whether or not they shall levy upon themselves an assessment under and subject to and for the purpose stated in this article. The referendum shall be conducted on a statewide basis.
(Acts 1987, No. 87-587, p. 961, §6.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-276 - Notice of Referendum.

Section 2-8-276
Notice of referendum.
When a referendum has been authorized as provided in Section 2-8-275, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of an established farm publication, and written notice thereof shall be given to each county extension coordinator in the area covered by the referendum.
(Acts 1987, No. 87-587, p. 961, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-277 - Conduct of Referendum; Payment of Expense.

Section 2-8-277
Conduct of referendum; payment of expense.
Arrangements for and the management of any referendum conducted under provisions of this article shall be under the direction of the association certified by the State Board of Agriculture and Industries to conduct the same, and such association shall furnish all necessary ballots and arrange for the necessary poll holders. All expense and costs necessary to conduct such a referendum shall be borne by such association.
(Acts 1987, No. 87-587, p. 961, §8.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-278 - Eligibility to Vote in Referendum; Question to Be Voted On.

Section 2-8-278
Eligibility to vote in referendum; question to be voted on.
Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding of such referendum. All producers of catfish who shall be subject to any assessments levied under the provisions of this article shall be entitled to vote in the referendum; provided, that only catfish producers who purchase catfish feed in this state in the year immediately preceding and not less than 30 days prior to this referendum shall be eligible to participate in this referendum. However, the certified association may request of the catfish producer such additional information as may be required to verify the eligibility of the producer to vote. Such data or information may include a certification from the county extension agent's office or the United States Soil Conservation Service office. In such referendum, individuals so eligible for participation therein shall vote upon the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for such referendum, which amount shall not exceed the limitations prescribed by this article.
(Acts 1987, No. 87-587, p. 961, §9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-279 - Majority Vote Required for Approval of Assessment; Canvass of Results; Limitations on Assessments.

Section 2-8-279
Majority vote required for approval of assessment; canvass of results; limitations on assessments.
If any referendum held under the provisions of this article a majority or more of the catfish producers eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in such referendum, then such assessment shall be levied and collected in the manner provided in this article. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate and publicly declare and announce the results thereof. The amount of the assessment levied upon the sale of catfish feed bought, sold or manufactured in the State of Alabama shall not exceed $5.00 per ton.
(Acts 1987, No. 87-587, p. 961, §10.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-280 - Subsequent Referendums.

Section 2-8-280
Subsequent referendums.
In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from catfish producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to call another referendum for the purposes set forth in this article in any succeeding year on the question of an assessment and promotional program for the period authorized by this article; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible catfish producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association conducting such referendum shall have full power and authority to call and conduct during or after the last year of such period another referendum in which the catfish producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time as authorized under this article. Any subsequent referendums as authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
(Acts 1987, No. 87-587, p. 961, §11.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-281 - Collection of Assessments; Deductions for Expenses.

Section 2-8-281
Collection of assessments; deductions for expenses.
In the event the required number of catfish producers approve by a referendum as provided in this article the levying of an assessment upon the sale of catfish feed for a promotional program, the Commissioner of Agriculture and Industries shall within 30 days, notify in writing every person licensed to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the date designated in the notice, which shall be not less than 30 nor more than 60 days after the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of the assessment shall be levied on the sale of catfish feed by all distributors of catfish feed or by their agents or representatives from the purchase price paid to the seller of the feed where the feed is purchased within the state. All assessments so levied shall be remitted to the Commissioner of Agriculture and Industries not later than the last day of January, April, July, and October of each year. The books and records of all such distributors of catfish feed shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his or her duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall deduct from all sums remitted to him or her under this section, to defray the expense incident to collection and administration of this article, an amount to be set by the Board of Agriculture and Industries, but the amount shall not exceed three percent of the sum remitted. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1987, No. 87-587, p. 961, §12; Acts 1993, No. 93-625, p. 1049, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-282 - Remission of Collections to Treasurer of Association.

Section 2-8-282
Remission of collections to treasurer of association.
The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him or her not later than the last day of January, April, July, and October of each year, less an amount not to exceed three percent of the total amount so collected, which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by the association for the promotional program in the manner provided by this article and the rules and regulations of the association.
(Acts 1987, No. 87-587, p. 961, §13; Acts 1993, No. 93-625, p. 1049, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-283 - Refund of Assessment to Purchaser of Catfish Feed.

Section 2-8-283
Refund of assessment to purchaser of catfish feed.
Any purchaser of catfish feed against which any assessment is made under authority of this article, if dissatisfied with said assessment, shall have the right to demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from such purchaser of catfish feed, if such demand for refund is made in writing within 30 days from the date on which such assessment was made on the sale price of catfish feed. Applications for refunds of amounts deducted from the sale price of any catfish feed sold must give the name and address of the distributor of catfish feed who sold the feed, date of purchase, invoice number, if any and the number of tons purchased from him for which the assessment was made. Within 30 days after the first quarterly receipt of funds from the Commissioner of Agriculture and Industries, and thereafter within 30 days after receipt of such application, the certified association shall, after such association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of such assessment, payable to purchaser, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
(Acts 1987, No. 87-587, p. 961, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-284 - Exempt Sales.

Section 2-8-284
Exempt sales.
The provisions of this article shall not apply to occasional sales between producers.
(Acts 1987, No. 87-587, p. 961, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 8 - Promotion of Agricultural Industries and Products. › Article 8 - Catfish Industry. › Section 2-8-285 - Bond of Treasurer of Association.

Section 2-8-285
Bond of treasurer of association.
Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions of this article, the treasurer of said organization shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated quarterly receipts but not more than the estimated annual total amount of the assessment handled by such officer. The surety on said bond shall be a corporate surety company duly qualified and licensed to do business in Alabama, and said bond shall be conditioned upon the faithful handling, proper accounting and properly authorized expenditure of all funds received and disbursed by the principal named in said bond.
(Acts 1987, No. 87-587, p. 961, §16.)