reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-82 - Labeling Requirement.

Section 8-17-82
Labeling requirement.
(a) Each person selling, offering for sale, storing or using in the state any petroleum product must label, or cause to be labeled, each tank car, tank, barrel, pump, or other container in which such petroleum product is contained or marketed with the words "guaranteed legal standards" and with an additional word or words denoting the precise character of the petroleum product in the container so labeled. Each word in such label shall be legibly printed in letters not less than one-half inch in height.
(b) An alternate manner for container and other labeling information as required under subsection (a) of this section may be prescribed by the Board of Agriculture and Industries pursuant to rules and regulations which shall be consistent with the evident intent and purposes of this section.
(c) In addition to the requirements of subsections (a) and (b) of this section each person selling, offering for sale, storing or using in the state any petroleum product to be used as a motor fuel containing a minimum of 10 percent blend of ethyl alcohol of a purity of at least 99 percent denatured in conformity with one of the approved methods set forth by the U.S. Department of Treasury Division of Alcohol, Tobacco and Firearms and derived from agricultural or forest products or other renewable resource products commonly known as gasohol must label or cause to be labeled each container, pump, or dispenser from which such petroleum product is sold or dispensed with the word "GASOHOL." Each such container or pump shall be conspicuously, clearly and distinctly labeled on each side which faces the motor vehicle and readily visible in an upright position with the word "GASOHOL" printed in black letters at least three inches in height and one-quarter inch in width on a yellow background. The Board of Agriculture and Industries shall have authority to make and issue rules and regulations relating to the implementation of the provisions of this subsection; provided, however, no alternate method of labeling shall be prescribed by such board for this subsection nor shall the requirements of this subsection be in any manner delayed.
(Acts 1971, No. 1403, p. 2363, §3; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §2; Acts 1987, No. 87-277, p. 385, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-83 - Adulteration or Lowering of Standard Prohibited.

Section 8-17-83
Adulteration or lowering of standard prohibited.
It shall be unlawful for any person who has purchased for resale any petroleum product in respect of which an inspection fee has been paid or which has been designated "guaranteed legal standard" to adulterate or in any way lower the standard of the said petroleum product by the addition of any other liquid or substance, including, without limitation to, any other petroleum product, or to sell, offer for sale, store or use any petroleum product so adulterated or lowered in standard.
(Acts 1971, No. 1403, p. 2363, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-84 - Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keeping of Records.

Section 8-17-84
Records to be kept; preservation and inspection of records; regulations as to keeping of records.
(a) Each person required to be licensed under Section 40-17-332(a), (b), or (f) for gasoline, or permitted under Section 8-17-96 for dyed diesel fuel, dyed kerosene, or lubricating oil, and each bulk user and retailer shall keep and maintain all records pertaining to the petroleum products received, produced, manufactured, refined, compounded, used, sold, imported, or delivered, together with delivery tickets, invoices, bills of lading, and other pertinent records and papers required by the Department of Revenue for the reasonable administration of this article, for a period of no less than three years.
(b) All such records shall be preserved for a period of three years and shall at all times during the business hours of the day be subject to inspection by the Revenue Commissioner or his or her agents or representatives.
(c) The Revenue Commissioner may prescribe regulations respecting the keeping of the records required in this section and the forms thereof.
(Acts 1971, No. 1403, p. 2363, §4; Act 2015-54, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-86 - Duty to Test Samples; Certificate of Tests.

Section 8-17-86
Duty to test samples; certificate of tests.
(a) It is the duty of the Commissioner of Agriculture and Industries to secure samples of all petroleum products sold, offered for sale, stored or used in the state and to determine:
(1) Whether or not such petroleum products are sold, offered for sale, stored or used in correct measure or quantity claimed by the person selling or offering for sale or storing or using such petroleum products; and
(2) Whether the same is of legal standard and of the standard advertised.
(b) The Commissioner of Agriculture and Industries shall test, or cause to be tested, such samples in the manner provided by the rules and regulations made by the Board of Agriculture and Industries pursuant to authorization in Section 8-17-81, and shall make a certificate of such test, a copy of which certificate shall be furnished by the commissioner upon request to the person from whom the sample was obtained.
(Acts 1971, No. 1403, p. 2363, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-88 - Sale, Storage, etc., of Nonstandard Products Prohibited; Suspension From Sale, Condemnation, etc., of Nonstandard Products.

Section 8-17-88
Sale, storage, etc., of nonstandard products prohibited; suspension from sale, condemnation, etc., of nonstandard products.
(a) No person shall sell, offer for sale, store, use or bring to rest in the state for sale, offer for sale, use or storage in the state any petroleum product which fails to comply with the standards adopted by the Board of Agriculture and Industries.
(b) Publicity shall be given to any failure to comply with the standards as the Commissioner of Agriculture and Industries shall prescribe.
(c) The sale, offer for sale, storage or use of petroleum products that fall below the standards fixed by the Board of Agriculture and Industries is hereby declared illegal, and such petroleum products shall be subject to suspension from sale, offer for sale, storage or use and may be condemned and sold as provided in Sections 2-2-30 through 2-2-37.
(Acts 1971, No. 1403, p. 2363, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-89 - Notification; Duty of Importer.

Section 8-17-89
Notification; duty of importer.
Repealed by Act 2015-54, §2, effective October 1, 2016.
(Acts 1971, No. 1403, p. 2363, §10; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-90 - Driver of Delivery Vehicle to Deliver Invoice.

Section 8-17-90
Driver of delivery vehicle to deliver invoice.
No sale or delivery of petroleum products shall be made from a tank, wagon, motor vehicle or delivery truck unless the driver in charge of the vehicle shall deliver to the person receiving such product an invoice that:
(1) Shows the number of gallons of the product;
(2) Has plainly written or stamped thereon the words "guaranteed legal standard"; and
(3) States that the inspection fee payable with respect to such petroleum product has been paid.
(Acts 1971, No. 1403, p. 2363, §10; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-92 - Injunctive Relief.

Section 8-17-92
Injunctive relief.
(a) In addition to penalty and other enforcement provisions of this division and notwithstanding the existence of another adequate remedy, the circuit court shall have jurisdiction for cause shown to grant a temporary restraining order or permanent injunction, or both, restraining and enjoining any person from violation or continuing to violate any requirements of this division declared to be unlawful.
(b) Any such person may also be restrained or enjoined from selling, offering for sale, storing, or using any petroleum product without having a permit as required by Section 8-17-96, from selling, distributing, offering for sale, storing, or using in this state any petroleum product upon which the inspection fee imposed by Section 8-17-87 is not paid or from otherwise violating any of the provisions and requirements of this chapter.
(c) Such injunction or restraining order shall be issued without bond.
(d) Any action commenced under this section shall be brought in the name of the State of Alabama upon the relation of the Attorney General.
(Acts 1971, No. 1403, p. 2363, §12; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §5; Act 2015-54, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-93 - Penalty for Violation; Revocation of Permits.

Section 8-17-93
Penalty for violation; revocation of permits.
(a) Any person who sells, offers for sale, stores, or uses any petroleum product in the state which is below the legal standard, who makes a false statement or certificate as to the quantity or standard of such petroleum product, sells, offers for sale, stores, or uses any petroleum product without having procured a permit as required by Section 8-17-85, fails to make any report to the Revenue Commissioner as required by this article, makes a false certificate of the number of gallons of such petroleum product sold, stored, or used during the preceding month or who otherwise violates or fails to comply with the provisions of this article shall be guilty of a misdemeanor.
(b) The Commissioner of Agriculture and Industries may revoke the permit, referenced in Section 8-17-85, of any person found upon investigation to have sold, offered for sale, stored, or used any petroleum product below the minimum standards adopted by the Board of Agriculture and Industries pursuant to the provisions of this article or when the Revenue Commissioner has notified the Commissioner of Agriculture and Industries that the taxpayer has failed or refused, subject to the appeal provisions of Chapter 2A of Title 40, to file the delinquent tax return or to pay the inspection fee required by this article.
(c) The holder of any permit, referenced in Section 8-17-85, that may be revoked pursuant to the provisions of this section shall have the right, upon request of such holder, to a hearing before the Commissioner of Agriculture and Industries, at which such holder may appear personally or by legal representative, and he or she may appeal from the decision of the commissioner by filing in the Circuit Court of Montgomery County a petition for an injunction against the commissioner. In the event such an injunction is sought, sufficient bond shall be filed with the court and conditioned as the law now provides relative to injunction bonds. The findings of the commissioner shall be presumed to be correct.
(Acts 1971, No. 1403, p. 2363, §12; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §5; Act 2015-54, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-94 - Division Not Applicable to Certain Shipments.

Section 8-17-94
Division not applicable to certain shipments.
The provisions of this division shall not be construed to be applicable to petroleum products unloaded in any port of the state for shipment from such port into any other state or to any shipments of petroleum products through the state from any other state to a destination point outside the state.
(Acts 1971, No. 1403, p. 2363, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-95 - (Effective October 1, 2016) Floor-Stocks Inspection Fee.

Section 8-17-95
(Effective October 1, 2016) Floor-stocks inspection fee.
(a) There is hereby imposed a floor-stocks inspection fee on gasoline held in inventory outside of the bulk transfer/terminal system, as defined in Section 40-17-322, but not at the retail level, on October 1, 2016, if:
(1) No inspection fee was imposed on the gasoline under Section 8-17-87, as of September 30, 2016; and
(2) The inspection fee would have been imposed on the gasoline by this article had it been in effect for the periods prior to October 1, 2016.
(b) The rate of the inspection fee imposed by this section shall be the amount of the fee imposed under Section 8-17-87, on September 30, 2016.
(c) Any person owning gasoline on October 1, 2016, to which the inspection fee imposed by this section applies, shall be liable for the inspection fee. The inspection fee imposed by this section shall be paid on or before December 31, 2016, and shall be paid in the manner prescribed by the Department of Revenue.
(Act 2015-54, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-96 - Inspection Fee Permit; Liability of Surety.

Section 8-17-96
Inspection fee permit; liability of surety.
(a) The supplier or permissive supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the federal government at the rack, or the supplier or permissive supplier selling dyed diesel fuel or dyed kerosene at the rack at an out-of-state terminal to an importer for delivery into Alabama that does not have a valid inspection fee permit issued by the Alabama Department of Revenue, or the person first selling, the person importing, or the person who makes application to become an inspection fee permit holder of dyed diesel fuel, dyed kerosene, or lubricating oil in this state shall submit an application for an inspection fee permit to the department, which shall be approved by the department. Upon approval of the inspection fee application, the department shall issue to the applicant an inspection fee permit. This permit is not transferable and remains in effect until surrendered or canceled.
(b) The surety will remain liable for any liability that has accrued or will accrue prior to May 16, 2017.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-98 - (Effective October 1, 2016) Inspection Fee of Ultimate Consumers Having Submitted Refund Petition.

Section 8-17-98
(Effective October 1, 2016) Inspection fee of ultimate consumers having submitted refund petition.
(a) Having submitted a refund petition for the excise tax under the provisions of Section 40-17-329(h), the following ultimate consumers shall owe an inspection fee to the Department of Revenue at a reduced rate of one-fortieth of a cent ($.00025) per gallon on undyed diesel fuel. The Department of Revenue is authorized to reduce the excise tax refund by the amount of the inspection fee that is due.
(1) Undyed diesel fuel used by the ultimate consumer to operate boats, yachts, ships, or other maritime vehicles, whether such boats, yachts, ships, or other maritime vehicles are used commercially or for pleasure.
(2) Undyed diesel fuel used by the ultimate consumer to propel or operate tractors which are not operated on public highways but which are used exclusively in preparing and cultivating land, harvesting any agricultural commodity, or for other agricultural purposes, including pasture and hay production; provided, however, that the term tractors as used herein shall not include automobiles, trucks, pickups, trailers, semitrailers, or other such vehicles.
(3) Undyed diesel fuel used to propel railroad locomotives.
(4) Undyed diesel fuel used by the ultimate consumer as a solvent or other agent in the treatment or preservation of wood products.
(b) Having submitted a refund petition for the excise tax under the provisions of Section 40-17-329(h) on undyed diesel fuel used by the ultimate consumer in firing steam boilers or combustion generating turbines by compression, the ultimate consumer shall be exempt from the inspection fee on undyed diesel fuel used in firing steam boilers or combustion generating turbines by compression.
(c) If a refund is issued by the Department of Revenue for excise taxes levied under Section 40-17-325(1) on gasoline or Section 40-17-325(2) on undyed diesel fuel for sales to the United States government or any agency thereof, the inspection fee levied under this article shall not be due.
(d) If a refund is issued by the Department of Revenue for excise taxes levied under Section 40-17-325(1) on gasoline or Section 40-17-325(2) on undyed diesel exported out of Alabama, the inspection fee levied under this article shall not be due.
(Act 2015-54, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-99 - Deduction on Monthly Returns.

Section 8-17-99
Deduction on monthly returns.
(a) The person first selling, the person importing, or the inspection fee permit holder of dyed diesel fuel or dyed kerosene may take a deduction on the monthly return for sales of dyed diesel fuel or dyed kerosene to the following:
(1) United States Government.
(2) Exports by the inspection fee permit holder.
(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
(4) Sales to the ultimate consumer for use in firing steam boilers or combustion generating turbines by compression.
(b) The person first selling, the person importing, or the inspection fee permit holder of lubricating oil may take a deduction on the monthly return for sales of lubricating oil to the following:
(1) United States Government.
(2) Exports by the inspection fee permit holder.
(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-100 - (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals.

Section 8-17-100
(Effective October 1, 2016) Refusal of inspection fee permit; appeals.
(a) The Department of Revenue may refuse to issue an inspection fee permit under this article if the applicant or any principal of the applicant has done any of the following:
(1) Had a motor fuel license or registration issued by this state or another state canceled for cause.
(2) Been convicted of any offense involving fraud or misrepresentation.
(3) Been convicted of any other offense that indicates that the applicant may not comply with this article if issued an inspection fee permit.
(b) The Department of Revenue may also refuse to issue an inspection fee permit if the applicant is in arrears to the state for any taxes or fees or for other good cause shown.
(c) Any refusal by the Department of Revenue under this section to issue an inspection fee permit may be appealed under the provisions of Chapter 2A of Title 40.
(Act 2015-54, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-101 - Cancellation of Inspection Fee Permit.

Section 8-17-101
Cancellation of inspection fee permit.
(a) In accordance with the provisions of Chapter 2A of Title 40, the Department of Revenue may cancel the inspection fee permit required under Section 8-17-96, upon written notice sent to the permit holder's last known address, as it appears in the Department of Revenue's files, for any of the following reasons:
(1) Filing by the permit holder of a false report of the data or information required by this article.
(2) Failure, refusal, or neglect of the permit holder to file a report or to provide any information required by this article.
(3) Failure of the permit holder to pay the full amount of all excise taxes and inspection fees due or to pay any penalties or interest due.
(4) Failure of the permit holder to keep accurate records of the quantities of petroleum products received, produced, refined, manufactured, compounded, sold, imported, or used in Alabama.
(5) Conviction of the permit holder or a principal of the permit holder for any act prohibited under this article.
(6) Failure, refusal, or neglect of a permit holder to comply with any other provision of this article or any rule promulgated pursuant to this article.
(7) Having a motor fuel license or registration issued by this state or another state canceled for cause.
(8) For any change in the ownership or control of the business.
(b) Upon cancellation of any permit for any cause listed above, the inspection fee levied under this article becomes due and payable on all untaxed petroleum products held in storage or otherwise in the possession of the permit holder and all petroleum products sold, delivered, imported, or used prior to the cancellation on which the fee has not been paid.
(c) The permit can be canceled upon the written request of the permit holder.
(Act 2015-54, p. 198, §3; Act 2017-296, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-102 - Filing of Returns.

Section 8-17-102
Filing of returns.
Every return required to be filed under this article shall be on forms and by means prescribed by the Revenue Commissioner and furnished by the Department of Revenue and shall contain any information the Department of Revenue considers necessary for the enforcement of this article.
(Act 2015-54, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-110 - Definitions.

Section 8-17-110
Definitions.
The terms "reclaimed oil" or "re-refined oil," as used in this division, shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil.
(Acts 1951, No. 923, p. 1571, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-111 - Labeling Requirements.

Section 8-17-111
Labeling requirements.
It shall be unlawful for any person, firm, corporation or association to sell, offer for sale or keep for sale in the State of Alabama reclaimed or re-refined oil, as defined in this division, unless such oil is in a container bearing a label on which there shall be expressed the brand or trade name of the oil, the name and address of the person, firm, corporation or association who has reclaimed, reprocessed or re-refined such oil and placed it in the container, the S.A.E. (Society of Automotive Engineers) viscosity number, the net quantity of each container expressed in standard liquid measure and the words "reclaimed oil" or "re-refined oil" in letters as large and conspicuous as any other letters thereon, except the trade name of such oil, and such letters shall not be obscured by other words, legend, color or otherwise.
(Acts 1951, No. 923, p. 1571, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-112 - Advertising.

Section 8-17-112
Advertising.
It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to promote the sale of reclaimed oil or re-refined oil in the State of Alabama unless such advertising material or displays include a statement that the oil offered for sale is reclaimed or re-refined oil, and such statement shall be in letters as large as any other letters used in such advertising material or advertising displays except the trade name of such oil.
(Acts 1951, No. 923, p. 1571, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-113 - Enforcement of Division.

Section 8-17-113
Enforcement of division.
The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division.
(Acts 1951, No. 923, p. 1571, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-114 - Suspension From Sale, Seizure, Condemnation, etc., of Illegal Oil.

Section 8-17-114
Suspension from sale, seizure, condemnation, etc., of illegal oil.
Any reclaimed or re-refined oil kept for sale or offered for sale in violation of any of the provisions of this division shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2, Chapter 2 of Title 2, and all of the provisions of said Article 2 shall be applicable to oil regulated by this division.
(Acts 1951, No. 923, p. 1571, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-115 - Nonapplicability of Division to Certain Sales.

Section 8-17-115
Nonapplicability of division to certain sales.
The provisions of this division shall not apply to oil sold to the consumer on, or from, the premises of a person, firm or corporation where the reclaimed or re-refined oil is reclaimed, reprocessed or re-refined on such premises.
(Acts 1951, No. 923, p. 1571, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 2 - Reclaimed or Re-Refined Oil. › Section 8-17-116 - Penalty for Violation of Division.

Section 8-17-116
Penalty for violation of division.
Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.
(Acts 1951, No. 923, p. 1571, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-130 - Deceit in Sales.

Section 8-17-130
Deceit in sales.
It shall be unlawful for any person to knowingly sell, or offer for sale, any liquid motor fuel, lubricating oil, grease or other similar petroleum products with the intent to deceive any purchaser or prospective purchaser thereof as to the identity, quality, brand or character of any of such products.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §416.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-131 - Marking of Pumps, Etc. - Liquid Motor Fuels.

Section 8-17-131
Marking of pumps, etc. - Liquid motor fuels.
Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public must conspicuously, clearly and distinctly place and keep placed on each pump or other device used by him for dispensing such fuel at such place the name of the owner thereof and the name of the brand, trademark or trade name of the liquid motor fuel being dispensed from each pump or other said device.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §417.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-132 - Marking of Pumps, Etc. - Lubricating Oils and Motor Greases.

Section 8-17-132
Marking of pumps, etc. - Lubricating oils and motor greases.
Every person selling or offering for sale, at retail to the public, lubricating oils and motor greases must conspicuously, clearly and distinctly place, and keep placed on each drum, tank, or other container from or in which such products are sold or offered for sale the name of the owner thereof and the name of the brand, trademark or trade name of each of such products sold or offered for sale therefrom.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §418.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-133 - Removing Markings on Equipment, Etc.

Section 8-17-133
Removing markings on equipment, etc.
It shall be unlawful for any person to intentionally erase, deface, destroy, or otherwise remove without the consent of the owner thereof the name of the owner, the brand, trademark or trade name, or any word, figure or symbol placed on any pump, tank, container, or other equipment or property used in connection with the sale or distribution of any liquid motor fuel, lubricating oils, greases, or other similar petroleum products.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §419.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-134 - Selling, etc., Under Other Name; Adulteration of Products.

Section 8-17-134
Selling, etc., under other name; adulteration of products.
It shall be unlawful for any person to sell, expose, or offer for sale any liquid motor fuel or any lubricating oil, grease, or other similar petroleum product under any name other than the name or trade name given thereto or designated therefor by the manufacturer or distributor thereof; nor shall any person adulterate the liquid motor fuels, lubricating oils, greases or other similar petroleum products sold or offered for sale under such trade name or trademark.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §420.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-135 - Selling, etc., Product Other Than That Indicated.

Section 8-17-135
Selling, etc., product other than that indicated.
It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device or equipment any liquid motor fuel, lubricating oil, grease or other similar petroleum products other than those indicated by the brand, name, trademark, trade name, symbol, or sign of the manufacturer or distributor appearing upon the tank, pump, container, or other distributing equipment from which the same are sold, offered for sale or distributed.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §421.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-136 - Changing Contents of Containers.

Section 8-17-136
Changing contents of containers.
It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, or other container, any liquid motor fuel, lubricating oil, grease or similar petroleum products other than those to be stored therein and distributed therefrom, as indicated by the brand, name, trade name, trademark, symbol or sign of the manufacturer or distributor appearing on the tank, pump, container, or other distributing equipment from which the same is sold, offered for sale or distributed.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §422.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-137 - Imitation of Markings, etc., of Others With Intent to Deceive.

Section 8-17-137
Imitation of markings, etc., of others with intent to deceive.
It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any other marketer of petroleum products with the intent to deceive a purchaser as to the nature, source, quality or identity of any petroleum product sold by such person to the purchaser.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §423.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-138 - Enforcement of Division.

Section 8-17-138
Enforcement of division.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to motor fuels, lubricating oil, grease and other similar petroleum products regulated by the provisions of this division.
(Acts 1977, No. 20, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 3 - Fraud and Deceit in Sale. › Section 8-17-139 - Penalty for Violation of Division.

Section 8-17-139
Penalty for violation of division.
Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor.
(Acts 1932, Ex. Sess., No. 243, p. 241; Code 1940, T. 2, §424.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-150 - "Motor Vehicle" Defined.

Section 8-17-150
"Motor vehicle" defined.
The term "motor vehicle," as used in this division, shall include all vehicles propelled by any power other than muscular power.
(Acts 1939, No. 607, p. 972, §3; Code 1940, T. 2, §425(3); Acts 1943, No. 596, p. 611, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-151 - Purpose and Construction of Division.

Section 8-17-151
Purpose and construction of division.
The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several units of government upon the goods, wares and merchandise identified in this division, and nothing contained in this division shall be construed to convert any taxes levied on such goods, wares and merchandise into a consumer's sales tax.
(Acts 1943, No. 596, p. 611, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-152 - Posting of Price Required.

Section 8-17-152
Posting of price required.
It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any motor vehicle or to deliver into any motor vehicle for actual or apparent use therein any motor fuel for use in supplying, creating, or generating motive power to such motor vehicle unless such person, firm, or corporation shall conspicuously and plainly post on the pump from which delivery is made the price or prices of such product.
(Acts 1939, No. 607, p. 972, §1; Code 1940, T. 2, §425(1); Acts 1943, No. 596, p. 611, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-153 - Jurisdiction in Enforcement of Division.

Section 8-17-153
Jurisdiction in enforcement of division.
District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division.
(Acts 1939, No. 607, p. 972, §5; Code 1940, T. 2, §425(5); Acts 1943, No. 596, p. 611, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-154 - Enforcement of Division.

Section 8-17-154
Enforcement of division.
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to the provisions of this division.
(Acts 1977, No. 20, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 4 - Posting Price and Tax. › Section 8-17-155 - Penalty for Violation of Division.

Section 8-17-155
Penalty for violation of division.
A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law.
(Acts 1939, No. 607, p. 972, §4; Code 1940, T. 2, §425(4); Acts 1943, No. 596, p. 611, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-170 - Standards.

Section 8-17-170
Standards.
(a) No person shall sell or take orders for sale and delivery within this state any "oil of turpentine," or so-called "spirits of turpentine," "turpentine," or "turps," unless the same is wholly volatile oil derived from the oleo-resinous exudation from, or the resinous wood of, various species of coniferous trees.
(b) It shall also be deemed a violation of this article if oil of turpentine does not conform to the standard specifications for turpentine as appearing in the latest biennial issue of the "A.S.T.M. Standards" issued by the American Society for Testing Materials.
(Ag. Code 1927, §204; Code 1940, T. 2, §446.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-171 - Labeling Requirements Generally.

Section 8-17-171
Labeling requirements generally.
No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and place of business of the manufacturer thereof, in ordinary bold-faced capital letters not less than 60 points in size.
(Ag. Code 1927, §205; Code 1940, T. 2, §447.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-172 - Sale of Substitutes; Labeling of Tanks, etc., Containing Substitutes.

Section 8-17-172
Sale of substitutes; labeling of tanks, etc., containing substitutes.
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other products or any product which is intended to be used as a substitute for oil of turpentine unless it is exposed for sale and sold under the name "substitute for oil of turpentine."
(b) If the word "turpentine" is used other than in the name, the true name of each and every ingredient of such product shall also appear, giving preference of order to the ingredients present in the greater proportion; but all letters used in naming the ingredients shall be of the same size and color, using the style of type as specified in subsection (c) of this section.
(c) Each tank car, tank, barrel, keg, can, jug, or vessel, both wholesale and retail, and all storage receptacles containing such product shall be distinctly and durably marked in a conspicuous place, using the English language and kind of type as specified in this subsection giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer or jobber thereof in continuous list with no intervening matter of any kind, using ordinary bold-faced capital letters not less than 60 points in size, and there shall be such a contrast between the color of the type and the background of the label as to render the same easily and plainly legible.
(Ag. Code 1927, §206; Code 1940, T. 2, §448.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-173 - Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, Et Seq.

Section 8-17-173
Enforcement of article; rules and regulations; applicability of Section 2-2-30, et seq.
(a) The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this article. In addition, the commissioner may make and adopt rules pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee for reimbursement of expenses and costs.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to turpentine regulated by the provisions of this article.
(Act 2004-516, p. 996, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 6 - Turpentine. › Section 8-17-174 - Penalty for Violation of Article.

Section 8-17-174
Penalty for violation of article.
(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding the composition of any article as required or any statements of any kind which are misleading or deceptive or which are not true shall constitute a misdemeanor.
(b) Any person violating any other provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §§207, 611; Code 1940, T. 2, §§12, 449.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 7 - Liquefied Petroleum Gas. › Section 8-17-190 - Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purchaser or Agent of Invoice as to Amount Purchased.

Section 8-17-190
Weighing or metering of liquefied petroleum gas upon purchase; issuance to purchaser or agent of invoice as to amount purchased.
(a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the amount of gas purchased shall be given to the purchaser or his agent.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor.
(Acts 1977, No. 576, p. 763, §§ 1, 2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-212 - Assignment and Utilization of Permit Numbers.

Section 8-17-212
Assignment and utilization of permit numbers.
The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or wholesaler.
(Acts 1981, No. 81-409, p. 638, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-213 - Requirement That Consignee Produce Permit, etc., Prior to Delivery, Sale, etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders.

Section 8-17-213
Requirement that consignee produce permit, etc., prior to delivery, sale, etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses permit; keeping of records by permit holders.
No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit or evidence that the consignee holds said permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller herein has been obtained and is current and valid. Each holder of a permit under the provisions of this article shall keep an accurate record of each shipment received. Each holder of a permit as distributor or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. Such records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his deputies, who shall have the authority at any reasonable time to require any manufacturer, distributor, wholesaler, or retailer to produce records for the current year and the immediately preceding full calendar year.
(Acts 1981, No. 81-409, p. 638, §4.)