reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-2 - Acts or Omissions of Officers or Agents.

Section 2-1-2
Acts or omissions of officers or agents.
When construing and enforcing the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, partnership, corporation or by two or more individuals having a joint or common interest shall in every case also be deemed to be the act or omission or failure of such individual, partnership, corporation or of two or more individuals having a joint or common interest.
(Ag. Code 1927, §2; Code 1940, T. 2, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-3 - Prima Facie Evidence of Possession With Intent to Sell.

Section 2-1-3
Prima facie evidence of possession with intent to sell.
The having in possession of any article, substance, material or product, the sale of which is regulated under the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale, serves, distributes or delivers the same shall be prima facie evidence of having in possession with intent to sell, except, that this section or any of the penalties set forth in this title or other such statute shall not apply to any common carrier when said article, substance, material or product was received by said carrier for transportation in the ordinary course of business and without actual knowledge of the adulteration, misbranding or under standard grade, weight or measure claimed.
(Ag. Code 1927, §3; Code 1940, T. 2, §3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-4 - Failure to Apply Farm Produce to Payment of Lien for Rent or Advances.

Section 2-1-4
Failure to apply farm produce to payment of lien for rent or advances.
Any person who knowingly takes or receives any cotton or other farm produce upon which there is a lien for rent or advances or both, or the proceeds thereof, and who fails to apply the same to the payment of the rent or the discharge of the lien, whether the same is in the hands of a third party or not, shall, on conviction, be punished as if he had stolen the same.
(Code 1886, §4142; Code 1896, §5545; Code 1907, §6879; Code 1923, §4025; Code 1940, T. 2, §7.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-5 - Cooperation of All Agricultural Agencies Required; Meetings Authorized; Duty to Attend Meeting and Furnish Information.

Section 2-1-5
Cooperation of all agricultural agencies required; meetings authorized; duty to attend meeting and furnish information.
(a) It shall be the duty of the Governor, the Board of Trustees of Auburn University, the director of the Alabama Agricultural Experiment Station System, the Commissioner of Agriculture and Industries and all other agencies of the state engaged in agricultural work or in its connected services to cooperate and encourage the agricultural work and development of the state and to maintain a helpful, sympathetic and cooperative relationship in carrying out this work.
(b) Such meetings as may be desired or are deemed helpful by the Governor, the board of trustees, the commissioner or the director are hereby authorized, and they may call into consultation any head of any department or institution of the state or any professor or scientist to secure technical, scientific or practical information for use in any one or more of the agricultural fields of endeavor. It shall be the duty of such person, when so requested, to attend any meeting and to furnish such information, facts and data in his possession as may be requested for the coordination of the work of all agencies and the advancement of agriculture in Alabama.
(Ag. Code 1927, §24; Code 1940, T. 2, §§8, 9.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-6 - Refund of Any Funds Improperly or Illegally Collected.

Section 2-1-6
Refund of any funds improperly or illegally collected.
In the event of improper or illegal collection of any license or permit fee, or any other sum made in an effort to enforce any of the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, either as a result of a mistake of law or fact, upon the written application of the party in interest, the comptroller, upon requisition of the commissioner approved by the Attorney General that such sum was improperly or illegally collected and paid into the Treasury to the credit of the Agricultural Fund, shall draw his warrant in favor of the party in interest upon the Treasurer for the amount thus certified as improperly or illegally collected and paid into the Treasury to the credit of said Agricultural Fund, and the same shall be charged to and paid out of the particular fund into which it was originally paid. The application for refund provided for in this section must be filed with the Commissioner within two years from the date on which the amount was improperly or illegally collected, and no amounts shall be refunded unless the application therefor is filed within the time limit prescribed in this section.
(Acts 1935, No. 28, p. 51; Code 1940, T. 2, §10; Acts 1953, No. 116, p. 166.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-7 - Purchase, etc., With Public Funds of Beef Not Raised and Produced Within United States.

Section 2-1-7
Purchase, etc., with public funds of beef not raised and produced within United States.
(a) It is specifically forbidden for any person knowingly to purchase or to authorize or requisition the purchase of beef other than beef raised and produced within the United States when such purchase is to be paid by the state government, any of its political subdivisions or any agency thereof out of public funds; provided, however, that the provisions of this subsection shall not apply to canned meat which is not available from a domestic source and which is not processed in the United States.
(b) Any purchase which is made in violation of the provisions of subsection (a) of this section shall be considered an illegal and unauthorized expenditure of public funds.
(Acts 1975, No. 220, §§1, 2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-9 - Penalty for Violation.

Section 2-1-9
Penalty for violation.
Any person violating any provision of this title, or the rules and regulations issued thereunder shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this title, shall be fined not more than $500.00, and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §611; Code 1940, T. 2, §12.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-10 - Offense Under Federal Jurisdiction.

Section 2-1-10
Offense under federal jurisdiction.
If it shall appear to the satisfaction of the Commissioner of Agriculture and Industries that the violation of any of the provisions of this title is properly a subject of interstate commerce or otherwise comes under the supervision and jurisdiction of the United States, then the Commissioner of Agriculture and Industries or his agent shall certify the matter to the proper federal authority.
(Code 1923, §4398; Code 1940, T. 2, §13.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-11 - Animal Identification Program.

Section 2-1-11
Animal identification program.
(a) The Department of Agriculture and Industries may develop and implement an animal identification program that is consistent with the United States Department of Agriculture's National Animal Identification System.
(b) The department may request all persons subject to the identification program to voluntarily provide all information necessary as determined by the department to implement and maintain the program. Participation in the program will not be required until such time as same is mandated under federal laws or regulations.
(c) All information collected by the department pursuant to this section is confidential and shall not be subject to public disclosure except by order of a court of competent jurisdiction or as authorized by rule of the department.
(Act 2006-504, p. 1148, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-12 - Collection of Farming Information.

Section 2-1-12
Collection of farming information.
In the interest of public health, safety, and welfare, the Commissioner of the Department of Agriculture and Industries may collect information, from time to time, regarding the existence, operation, or business of livestock, milk and dairy products, eggs, cotton, poultry, commercial feed, grain, seed, fertilizer, plants and trees, pesticides, or any other subject regulated by the department pursuant this title. In order to collect the information without revealing the personal information about individual farming operations, the commissioner may make the information collected pursuant to this section confidential except as otherwise provided by law.
(Act 2006-504, p. 1148, §2.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 1 - General Provisions. › Section 2-1-13 - Agricultural Tourist Attractions.

Section 2-1-13
Agricultural tourist attractions.
(a) For the purpose of this section, the following words have the following meanings:
(1) AGRICULTURAL TOURIST ATTRACTIONS. Any agricultural based business providing any on-site attraction to tourists which meets criteria established by the Department of Agriculture and Industries.
(2) DIRECTIONAL SIGN. A sign placed on the right-of-way of a state highway or county road to direct traffic to an agricultural tourist attraction.
(b) The Department of Agriculture and Industries shall by rule establish the criteria and an application process to provide for agricultural tourist attractions. Each application for approval as an agricultural tourist attraction with the department shall be accompanied by a one-time application fee to be established by the department. In addition, each agricultural tourist attraction shall pay an annual renewal fee to be established by the department. The department shall maintain a registry of approved agricultural tourist attractions.
(c) Upon approval by the Department of Agriculture and Industries as an approved agricultural tourist attraction and at the request of the applicant, the Department of Agriculture and Industries in conjunction with the Department of Transportation or the county engineer, as appropriate, shall take the appropriate steps to place directional signs to direct traffic to the agricultural tourist attraction. An agricultural tourist attraction shall pay any costs related to directional signs provided for in this subsection.
(d) An agricultural tourist attraction directional sign shall not be placed along a highway under state jurisdiction unless the State Department of Transportation approves the sign and its placement. The state shall not be responsible for the cost or maintenance of any agricultural tourist attraction directional sign approved by the State Department of Transportation to be placed along a highway under state jurisdiction.
(e) An agricultural tourist attraction directional sign shall not be placed along a county road unless the county engineer approves the sign and its placement along the county road. The county shall not be responsible for the cost or maintenance of any agricultural tourist attraction directional sign approved to be placed along the county road by the county engineer.
(Act 2011-547, p. 1008, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-1 - Chief Executive Officer of Department.

Section 2-2-1
Chief executive officer of department.
The constitutional officer known as the Commissioner of Agriculture and Industries shall be the chief executive officer and shall have management and control of the Department of Agriculture and Industries. He shall exercise all rights, privileges, powers and duties granted him under the Constitution and statutes of the state.
(Ag. Code 1927, §7; Code 1940, T. 2, §14.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-2 - Qualifications of Commissioner.

Section 2-2-2
Qualifications of commissioner.
The commissioner shall be a person of good moral character of recognized executive ability and trained in the practice and science of agriculture.
(Ag. Code 1927, §8; Code 1940, T. 2, §15.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-3 - Bond.

Section 2-2-3
Bond.
Before entering upon the duties of his office, the Commissioner of Agriculture and Industries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Board of Agriculture and Industries, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-4 - Term of Office; Vacancy.

Section 2-2-4
Term of office; vacancy.
The commissioner shall hold office for a term of four years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified. The vacancies in said office shall be filled by the Governor for the unexpired term and until the election and qualification of a successor.
(Ag. Code 1927, §9; Code 1940, T. 2, §16.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-5 - Salary of Commissioner.

Section 2-2-5
Salary of commissioner.
The Commissioner of Agriculture and Industries shall be paid such salary as shall be fixed by law. Such salary shall be payable from the Agricultural Fund of the State Treasury, and shall be payable to such officer in installments in the same manner as the salaries of other state officers are paid. Such salary shall be the entire annual compensation paid to the Commissioner of Agriculture and Industries for the performance of the duties of his office and all ex officio duties of his office.
(Acts 1961, Ex. Sess., No. 87, p. 2004; Acts 1966, Ex. Sess., No. 244, p. 366, §1; Acts 1969, No. 1070, p. 1991, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-6 - Inspection of Books; Examination of Witnesses; Divulging Information.

Section 2-2-6
Inspection of books; examination of witnesses; divulging information.
The commissioner or his duly appointed agents shall have authority to inspect books and records, to hear complaints, to administer oaths, to certify to all official acts and to examine under oath in any part of the state witnesses in any matter pertaining to their duties and cause such examination to be reduced to writing. If any person, having been sworn by any of the above officers to tell the truth, shall willfully give false testimony, he shall be guilty of perjury. If the commissioner or any member of the board or any employee or agent shall divulge any information acquired from the private books, documents or papers of any person, firm or corporation while acting or claiming to act under any authorization or designation in respect to confidential or private transactions, property or business of any person, firm or corporation, except in his report to the State Board of Agriculture and Industries or in the report of any agent or employee to the commissioner or when called upon to testify in any court or proceedings at law, he shall be guilty of a misdemeanor, and such employee or agent shall be disqualified from acting in any official capacity in the department.
(Ag. Code 1927, §12; Code 1940, T. 2, §18.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-7 - Annual Report; Publication of Handbooks, Pamphlets, Etc.

Section 2-2-7
Annual report; publication of handbooks, pamphlets, etc.
The commissioner, with the approval of the State Board of Agriculture and Industries, shall submit each year on or before December 1 or as early thereafter as practicable to the Governor an annual report covering all operations of the Department of Agriculture and Industries and the condition, progress and needs of agriculture and industries throughout the state. Such annual report may be printed as now provided by law in sufficient quantities for general distribution as needed. He may publish, by and with the approval of the State Board of Agriculture and Industries, such handbooks, pamphlets, bulletins, notices and information as in his judgment will aid and promote agricultural and industrial development of Alabama and the enforcement of the provisions of law relating to agriculture and industries.
(Ag. Code 1927, §13; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §19.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-8 - Commissioner's Powers and Duties Generally; Assistance From Other State Agencies.

Section 2-2-8
Commissioner's powers and duties generally; assistance from other state agencies.
(a) The commissioner shall execute the agricultural and industrial policies of the State Board of Agriculture and Industries. It shall be his duty:
(1) To investigate and ascertain the industrial possibilities of the State of Alabama and to seek to secure the development of the same;
(2) To collect statistics in regard to industrial development in the State of Alabama;
(3) To make investigations as to any matter relative to industrial development and possibilities;
(4) To cooperate in the fostering and development of the industrial interests of the state;
(5) To cooperate especially in the promotion, establishment and location of industries in the smaller municipalities and rural communities of the state which use as a raw material farm products of any character;
(6) To cooperate with the state chamber of commerce, local chambers of commerce and all local industrial boards to promote the purposes of this title; and
(7) To employ such clerical assistants, agents or representatives and to secure such expert advice or assistance as may be necessary for carrying out the purposes of this title and any other provision of this Code or other statute which he is authorized to administer or enforce.
(b) In the discharge of the functions, duties and powers placed upon, vested in and to be exercised by him in accordance with the provisions of this title and any other provision of this Code or other statute which he is authorized to administer or enforce, the Commissioner of Agriculture and Industries shall have the right to call on all state departments, institutions, agencies, bureaus, boards or commissions for assistance, reports, advice and information, and it shall be the duty of such departments, institutions, agencies, bureaus, boards or commissions to comply with such request.
(Ag. Code 1927, §14; Acts 1939, No. 507, p. 770; Code 1940, T. 2, §20.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-8.1 - Promotion of Economic and Industrial Development.

Section 2-2-8.1
Promotion of economic and industrial development.
(a) The Commissioner of the State Department of Agriculture and Industries, or an employee designated in writing by the commissioner, in order to promote economic and industrial development in this state, may expend the funds of the department in such a manner as the commissioner deems appropriate to entertain economic development prospects, to promote public relations with the prospects, and for other public purposes.
(b) All funds expended pursuant to this section shall be subject to the same auditing and accounting procedures as used for the Alabama Development Office and the Alabama State Port Authority for comparable functions and expenditures and as otherwise provided by law.
(Act 2007-392, p. 785, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-9 - Delegation of Powers and Duties.

Section 2-2-9
Delegation of powers and duties.
The commissioner may delegate any of his powers to or direct any of his duties to be performed by the chief of a division and, except where it is otherwise provided by statute or the context otherwise requires, may delegate any of such powers to any agent or employee of the department.
(Ag. Code 1927, §15; Code 1940, T. 2, §21.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-10 - Assistant to Commissioner.

Section 2-2-10
Assistant to commissioner.
The Board of Agriculture and Industries may, in its discretion, designate one employee of the Department of Agriculture and Industries as an assistant to the commissioner.
(Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-11 - Organization of Department; Unclassified Service.

Section 2-2-11
Organization of department; unclassified service.
The commissioner shall, with the advice and approval of the State Board of Agriculture and Industries, organize the Department of Agriculture and Industries into such divisions as deemed necessary to properly segregate and conduct the work of the department. The commissioner may assign to each of the employees of the department such powers, duties, and labors as the commissioner may see fit. At the discretion of the commissioner, one additional person for each division may be employed in the unclassified service. Provided, however, the total number of additional persons who may be employed in the unclassified service under the provisions of the preceding sentence shall not exceed three additional persons.
(Ag. Code 1927, §16; Code 1940, T. 2, §22; Act 99-673, 2nd Sp. Sess., p. 175, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-12 - Legal Counsel for Department.

Section 2-2-12
Legal counsel for department.
The Commissioner of Agriculture and Industries, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture and Industries. He shall be commissioned as an assistant attorney general and shall have the authority and duties of an assistant attorney general, but he shall devote his entire time to the business of the Department of Agriculture and Industries.
The compensation for the said legal counsel shall be paid out of funds appropriated to the state Department of Agriculture and Industries and in the same manner as the compensation of other employees is paid.
(Acts 1953, No. 640, p. 899.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-13 - Appointment of Assistants and Employees; Employees' Bonds.

Section 2-2-13
Appointment of assistants and employees; employees' bonds.
The commissioner shall, with the approval of the State Board of Agriculture and Industries and as otherwise provided by law, appoint such chiefs, assistants, deputies, agents, experts and other employees as are necessary for the successful administration of the affairs of the department and prescribe their duties. The chief clerk of the commissioner shall, before entering upon the duties of his office, execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $10,000.00, for the faithful performance of his duties. Other employees shall execute to the state such official bonds as the commissioner may determine and require, unless otherwise expressly provided by law.
(Ag. Code 1927, §18; Code 1940, T. 2, §23; Code 1940, T. 41, §115; Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-14 - Livestock Theft Investigator.

Section 2-2-14
Livestock theft investigator.
The Commissioner of Agriculture and Industries, with the approval of the Governor, is hereby authorized to designate as "livestock theft investigator" any employee or employees of the Department of Agriculture and Industries performing duties relating to the enforcement of the livestock laws of this state. Such employee or employees so designated shall, in addition to other duties of employment, perform work involving investigations and the enforcement of all laws of the State of Alabama enacted for the purpose of preventing theft and unlawful dealing in and handling of cattle and other livestock, including the enforcement of livestock sanitary and disease control laws to the end that persons who commit or who are charged with the commission of such unlawful offenses may be arrested and prosecuted therefor. Employees of the Department of Agriculture and Industries designated and approved under the provisions of this section as "livestock theft investigators" shall have the power and authority of peace officers for the enforcement of laws to prevent theft of livestock, livestock sanitary and disease control laws and any other laws relating to or governing the keeping, handling, movement and sale of livestock and such peace officers shall exercise such power and authority anywhere within the State of Alabama. Such employees designated and approved as peace officers hereunder shall also be authorized to investigate, serve subpoenas and make arrests for the theft of any farm machinery, equipment or supplies and perform such duties with respect to any other farm related crime as well as any other unlawful offense or crime and such peace officer authority may be exercised anywhere within the state; provided, however, livestock theft investigators shall not have the power or authority to execute search warrants. The provisions of this section shall not be construed to change the employment status of any employee designated, authorized and approved to perform duties as livestock theft investigators as provided under this section except as expressly provided herein.
(Acts 1953, No. 238, p. 303; Acts 1979, No. 79-281, p. 432.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-14.1 - Appearance Upon Arrest for Misdemeanor Livestock Violations.

Section 2-2-14.1
Appearance upon arrest for misdemeanor livestock violations.
(a) Whenever any person is arrested by livestock theft investigators of the Alabama Department of Agriculture and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease control laws and regulations, or any other laws and regulations governing the handling, movement, or sale of livestock, all punishable as a misdemeanor, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the person signing said summons or notice, the officer shall forthwith release him from custody.
(b) If the arrested person shall refuse to identify himself by giving his name and address, or shall refuse to sign the summons or notice, then the arresting officer shall immediately take such person before the nearest and most accessible district judge or district court magistrate of the county within which the violation occurred to set bond.
(c) Any person who willfully refuses to appear at the time and place specified in the summons or notice which the person has signed shall be guilty of the separate offense of bail jumping in the second degree, regardless of the disposition of the charge upon which he was originally charged.
(Acts 1987, No. 87-643, p. 1148.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-14.2 - Forfeiture of Conveyances and Vehicles Used to Perpetrate Livestock Theft.

Section 2-2-14.2
Forfeiture of conveyances and vehicles used to perpetrate livestock theft.
(a) All conveyances and vehicles of transportation including trailers and semitrailers, equine or equidae, or any other equipment, together with all harness or other accessories, which have been used, or are used in the commission of theft of livestock, as defined in Section 13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited to the state Department of Agriculture and Industries, as hereinafter provided.
(b) Livestock theft investigators, appointed under Section 2-2-14, or any other officer authorized to enforce those laws pertaining to the theft of livestock, who finds any vehicle, conveyance or equipment, listed above, which is being, or has been, used in the perpetration of the crime of theft of livestock, shall seize said vehicle, conveyance or equipment listed above, and report said seizure to the district attorney in the county where the seizure was made. The report made to the district attorney shall include a full description of the property seized along with a full explanation of the circumstances under which the property was seized.
(c) The district attorney or other prosecuting officer of the judicial circuit, upon receiving such report may at once institute, or cause to be instituted condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The provisions of Sections 28-4-286 and 28-4-287, so long as they are in compliance with this section shall apply.
(d) The proceeds of the sale of any property condemned and forfeited to the state Department of Agriculture and Industries under authority of this section, after payment of all expenses in the cause, including the cost of seizure and a keeping of the property pending the proceedings, shall be paid into the State Treasury to the credit of the Agricultural Fund.
(e) Any lienholder with a perfected security interest recorded in accordance with the Uniform Commercial Code may recover the property in kind or may recover the balance remaining after deduction of any costs of recovery and sale.
(Acts 1989, No. 89-688, p. 1354; Act 2004-627, p. 1421, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-15 - Accountant in Charge of Clerical Work and Records; Qualifications of Division Heads.

Section 2-2-15
Accountant in charge of clerical work and records; qualifications of division heads.
There shall be employed in the Department of Agriculture and Industries an expert accountant who shall have charge of all clerical work and records of said department; a graduate of an accredited agricultural college in horticulture who has had professional training in economic entomology and plant diseases and practical experience in horticulture who shall have charge of the division of plant industry; a graduate of an accredited college in chemistry who has had professional training in agricultural chemistry and practical experience in analytical work who shall have charge of the division of agricultural chemistry; and a graduate of an accredited college with a major or concentration in poultry husbandry who has served at least three years as poultry and egg inspector who shall have charge of the poultry division, charged with the administration of the inspection and regulatory phases of the national poultry improvement plan and the administration of the Alabama Egg Law. The chief of each division of the department shall also be experienced in such subjects as shall pertain to the performance of his duties.
(Ag. Code 1927, §29; Code 1940, T. 2, §24; Acts 1945, No. 475, p. 707.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-16 - Commissioner to Enforce Laws; Promulgation of Rules and Regulations; Notice.

Section 2-2-16
Commissioner to enforce laws; promulgation of rules and regulations; notice.
The Commissioner of the Department of Agriculture and Industries is charged with the execution and enforcement of the laws and provisions contained in this title and any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, and he is authorized and empowered, with the approval of the State Board of Agriculture and Industries, to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law. The commissioner shall give notice of all rules and regulations promulgated as provided in this section to all parties in interest and to all parties who are likely to be interested in the same within 30 days after the promulgation thereof, and such rules and regulations shall not become effective until the expiration of said 30-day period.
(Ag. Code 1927, §4; Code 1940, T. 2, §4.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-17 - Evidence of Rules, Regulations and Notices; Copies Furnished to Probate Judges.

Section 2-2-17
Evidence of rules, regulations and notices; copies furnished to probate judges.
The rules, regulations or notices purporting to be published by authority of the State Board of Agriculture and Industries in book or pamphlet form and typed or printed copies of all acts, rules, regulations or notices certified to by the commissioner or the board shall be received as evidence of the passage or issuance and legal publication of such rules, regulations or notices as of the date mentioned or provided for therein in all courts and places without further proof. A copy of said rules and regulations or notices shall be furnished to all probate judges by the commissioner immediately after their adoption; provided, that such rules, regulations or notices as apply to a restricted area of the state shall be required to be furnished only to the probate judges within the area to which such rules, regulations and notices apply.
(Ag. Code 1927, §5; Code 1940, T. 2, §5.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-18 - Civil Penalties or Fines for Violations of Chapters 27 and 28; Maximum Amount; Notice; Failure to Pay Assessed Fine or Penalty.

Section 2-2-18
Civil penalties or fines for violations of Chapters 27 and 28; maximum amount; notice; failure to pay assessed fine or penalty.
(a) Notwithstanding the existence of any other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971 as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions of Chapter 28 of Title 2, and the regulations promulgated thereunder, the Commissioner of Agriculture and Industries may, after a hearing thereon, impose a civil penalty or fine for violation of said Chapters 27 and 28, or any regulations promulgated thereunder.
(b) The maximum amount of the above civil penalty or fine shall not exceed $10,000.00 for any one offense, and all incidents or violations committed by a person, firm, association or corporation, arising from the same transaction, shall constitute but one offense.
The State Board of Agriculture and Industries shall, by duly adopted regulations, provide maximum amounts to be imposed by the commissioner for the various violations.
(c) The fine or penalty assessed by the commissioner may be appealed to the Board of Agriculture and Industries by the aggrieved person giving the commissioner written notice of intention to appeal within 15 days from the time the fine or penalty was assessed. Said review or appeal before the Board of Agriculture and Industries shall be conducted under the provisions of the Alabama Administrative Procedure Act. The Board of Agriculture and Industries may affirm the action of the commissioner or it may modify the amount of the penalty, but the board shall not increase the amount of penalty imposed by the commissioner. The board may also remand the matter back to the commissioner for the taking of further testimony or the board may dismiss the action of the commissioner in its entirety. Judicial review by either party of any final action of the State Board of Agriculture and Industries shall be under the provisions of Section 41-22-20, of the Alabama Administrative Procedure Act on the certified transcript of the record.
(d) The failure of any person, firm, association, or corporation to pay the assessed fine or penalty shall constitute grounds for the revocation of any permit or license issued under the provisions of Chapters 27 and 28, Title 2. Said fine or penalty may also be collected in a civil action in court under the name of the State of Alabama on the relation of the Attorney General and with his permission.
(e) All moneys received from the assessment of any fine or penalty shall accrue to the Agricultural Fund.
(Acts 1989, No. 89-741, p. 1469.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 1 - General Provisions. › Section 2-2-19 - Regulation of Micro Markets and Vending Machines.

Section 2-2-19
Regulation of micro markets and vending machines.
(a) For purposes of this section, the following terms shall have the following meanings:
(1) MICRO MARKET. An unstaffed, self-checkout retail food service facility that does all of the following:
a. Includes one or more micro market displays.
b. Has an automated payment kiosk or other device designed to accept electronic payments that is operated by the consumer.
c. Is located indoors and within a separate business.
d. Is generally accessible only to individuals within the building in which the food service facility is located.
(2) MICRO MARKET DISPLAY. The place where the food being sold by a micro market is displayed, including any of the following:
a. An open rack.
b. A refrigerator, refrigerated cooler, or freezer that has an automated self-locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer.
c. A vending machine.
d. A beverage dispenser.
e. A single-serve coffee brewer.
(3) VENDING MACHINE. A self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation.
(b) Notwithstanding any provision of law to the contrary, the regulatory authority provided to the Department of Public Health shall not apply to the regulation of a micro market or vending machine or to any food and beverages sold by a micro market or vending machine as defined in this section.
(c) Except as provided in Sections 11-51-98, 20-1-7, 21-1-41, and 40-12-176, and as otherwise provided by general and local law, the Department of Agriculture and Industries shall regulate micro markets and vending machines.
(Act 2021-460, §§1-3.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 2 - Suspension From Sale, Condemnation and Sampling of Articles and Products. › Section 2-2-30 - Suspension of Sale of Article.

Section 2-2-30
Suspension of sale of article.
If at any time the commissioner or his duly authorized agent shall have reason to believe that any product or article, the possession or sale of which is regulated by the provisions of this title or the possession or sale of which is regulated by any other statute which the commissioner, department or board is directed to administer or enforce, does not comply with the requirements of law or rules and regulations under authority of law as to ingredients, substance, analysis, marking or labeling, weight or measure, it shall be his duty by written order to suspend the sale of the same until he shall have satisfied himself or shall be satisfied by an analysis or otherwise that such product or article is made up, compounded or marked as required by law and rules and regulations under authority of law. If he shall find that the same does not comply with such laws and rules and regulations, either before or after the making of such suspension order, then he is authorized to proceed with regard to the same as provided in this article or he may order in writing the same to be held at his disposition pending the placing of such product or article in such condition as will meet the requirements of such laws, rules and regulations under the supervision and direction of the commissioner or his duly authorized agent or, at the discretion of the commissioner, proceeding with regards to the same as provided in this article. In case the owner of such product or article denies by written notice to the commissioner or his agent that the same is not in compliance with the laws, rules or regulations and requests a hearing thereon, the commissioner or his agent shall, as soon as practicable thereafter, proceed as provided in this article in order that the court may hear and decide said issue and proceed as provided for in this article. Any person who moves, transports, sells or in any other manner disposes of any product or article after such product or article has been ordered suspended or held as provided in this section shall be guilty of a misdemeanor; provided, that such product or article may be moved, transported or otherwise disposed of by and in compliance with the written order of the commissioner.
(Ag. Code 1927, §217; Acts 1935, No. 515, p. 1102; Code 1940, T. 2, §494.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 2 - Suspension From Sale, Condemnation and Sampling of Articles and Products. › Section 2-2-32 - Procedure When Analysis Shows Article or Product in Violation of Title.

Section 2-2-32
Procedure when analysis shows article or product in violation of title.
Upon the examination of specimens or samples of any article, substance, material or product the sale of which is subject to the provisions of this article, made by any chemist, analyst, inspector or assistant under the direction and supervision of the Commissioner of Agriculture and Industries, if such examination shows that such article, substance, material or product does not conform to the requirements prescribed by any provisions of law or rules and regulations under authority of law, the commissioner shall cause notice thereof to be given to the party from whom such specimen or sample was obtained. Any party so notified shall be given an opportunity to be heard before the Commissioner of Agriculture and Industries under such rules and regulations as may be prescribed by the State Board of Agriculture and Industries. If it appears that any of the requirements of any provision of law or rules and regulations under authority of law relating to the sale of any article, substance, material or product, the sale of which is subject to the provisions of this article, have been violated, the Commissioner of Agriculture and Industries or any assistant as provided in this section shall at once certify the fact under oath to the proper district attorney, with a copy of the result of the analysis, examination or inspection, duly authenticated by the person making such analysis, examination or inspection.
(Ag. Code 1927, §219; Code 1940, T. 2, §496.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 2 - Suspension From Sale, Condemnation and Sampling of Articles and Products. › Section 2-2-33 - Duty to Perform Tests or Analyses; Delegation; Use of Results.

Section 2-2-33
Duty to perform tests or analyses; delegation; use of results.
(a) Whenever it shall be necessary to have any tests or analyses made in order to properly execute any law or rule and regulation under authority of law, the execution or administration of which is a duty imposed on the commissioner or the State Board of Agriculture and Industries, the commissioner shall make such tests or analyses or cause to be made such tests or analyses by employees of the Department of Agriculture and Industries or as otherwise provided in subsection (b).
(b) The commissioner, with approval of the State Board of Agriculture and Industries, may enter into agreements delegating the responsibility for laboratory tests or analyses to any laboratory operated by the United States government or any other state government. The commissioner may use the results of tests or analyses performed by these laboratories for the execution or administration of any law or rule imposed on the commissioner or the State Board of Agriculture and Industries.
(Ag. Code 1927, §220; Code 1940, T. 2, §497; Act 2015-262, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 2 - Suspension From Sale, Condemnation and Sampling of Articles and Products. › Section 2-2-34 - Where Analyses to Be Made.

Section 2-2-34
Where analyses to be made.
All chemical analyses shall be made in a laboratory at such place or places as the commissioner with the approval of the State Board of Agriculture and Industries determines will best serve to increase the efficiency of the work of the department.
(Ag. Code 1927, §222; Code 1940, T. 2, §499; Acts 1969, No. 1055, p. 1975, §1.)
2023 Code of Alabama › Title 2 - Agriculture. › Chapter 2 - Commissioner of Agriculture and Industries. › Article 2 - Suspension From Sale, Condemnation and Sampling of Articles and Products. › Section 2-2-35 - Certificate of Analysis Admissible as Evidence.

Section 2-2-35
Certificate of analysis admissible as evidence.
A certificate of analysis or examination by the chemist who is the supervisor or director of the laboratory of the Department of Agriculture and Industries or other laboratory utilized by the commissioner as provided in Section 2-2-33 in which the analysis or examination is made, when properly verified by affidavit, shall be admissible and shall be prima facie evidence of the facts therein stated in any of the courts of this state on the trial of any issue involving the merits, and the quality of the bulk from which the sample was taken shall prima facie be presumed to be the same as the quality of the sample as shown by the analysis or examination.
(Ag. Code 1927, §224; Code 1940, T. 2, §501; Acts 1969, No. 1055, p. 1975, §1; Act 2015-262, §1.)