reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-17 - HATCHERIES › Section 80-3-17-.21 - Quarantine Required If Pullorum Or Typhoid Exists

Current through Register Vol. 42, No. 9, June 28, 2024
All flocks of poultry found to be infected with Pullorum or
				  Typhoid shall be quarantined until marketed for slaughter or destroyed under
				  the supervision of the Official State Agency for the National Poultry
				  Improvement Plan or until subsequently officially blood tested by one of the
				  recognized methods used in testing poultry for Pullorum-Typhoid and all birds
				  in the flock are found to be negative to the test.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-17 - HATCHERIES › Section 80-3-17-.22 - Reporting Requirements When Poultry Disease Found

Current through Register Vol. 42, No. 9, June 28, 2024
All persons performing poultry disease diagnostic services
				  within the state are required to report to the Official State Agency for the
				  National Poultry Improvement Plan within forty-eight (48) hours the source of
				  all poultry specimens from which Salmonella Pullorum or Salmonella Gallinarum
				  is isolated. All such reports are to be promptly followed by an investigation
				  by the Official State Agency for the National Poultry Improvement Plan to
				  determine the origin of the infection. The reports as herein required shall be
				  made to the Poultry Division, Alabama Department of Agriculture and
				  Industries.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-17 - HATCHERIES › Section 80-3-17-.23 - Rules To Be Considered Supplemental To Existing Rules

Current through Register Vol. 42, No. 9, June 28, 2024
The foregoing rules are supplemental or in addition to
				  regulations heretofore adopted and approved by the State Board of Agriculture
				  and Industries relating to the control of diseases of poultry through
				  regulation of public hatcheries, chick dealers, jobbers and other means, and
				  shall repeal or supersede any regulations heretofore adopted to the extent only
				  that such regulations are in conflict therewith.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.01 - Identification Of Problem

Current through Register Vol. 42, No. 9, June 28, 2024
Avian Influenza is a serious transmissible disease of all
				  birds. This disease has been diagnosed in several states and some of these
				  states have enacted quarantines.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.02 - Prohibition Against Entry Into Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
All live poultry, their hatching eggs, and the used coops,
				  containers, flats, or other accessories, and the vehicles or other means of
				  conveyances used in the handling of live poultry or their hatching eggs,
				  originating from or in transit through any area quarantined due to Avian
				  Influenza, anywhere in the United States, are hereby prohibited entry into or
				  transportation through the State of Alabama without prior written permission
				  from the Commissioner of Agriculture and Industries, or his agents.
All poultry, including but not limited to hatching eggs,
				  chicks, poults, poultry breeding stock, gamebirds, exhibition and hobby farm
				  poultry moving into Alabama for exhibition, show, sale, change of ownership or
				  any other purpose, that are not participating in the Pullorum-Typhoid(PT) Clean
				  and Avian Influenza (AI) Clean programs of the National Poultry Improvement
				  Plant (NPIP) shall be tested negative for PT and AI using an approved serology
				  or antigen detection test or other test approved by the state veterinarian
				  within 21 days prior to movement.
All poultry, including but not limited to hatching eggs,
				  chicks, poults, poultry breeding stock, gamebirds, exhibition and hobby farm
				  poultry moving into Alabama must be accompanied by an official Certificate of
				  Veterinary Inspection (CVI) or a NPIP Form 9-2 or NPIP Form 9-3 with test
				  results included on form.
Authors:
Charles H. Barnes, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.03 - Restrictions For Alabama Vehicles

Current through Register Vol. 42, No. 9, June 28, 2024
Any Alabama vehicles or equipment given permission into any
				  area that has been quarantined due to Avian Influenza, anywhere in the United
				  States, before returning to Alabama, shall conform to the cleaning and
				  disinfecting requirements set out in  Title 9 C.F.R. § 71.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.04 - Entry Permit Required For Poultry Entering Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All live poultry destined for delivery in
				Alabama must have a valid Certificate of Veterinary inspection showing an
				Alabama entry permit number. Day-old baby chicks and poults will be allowed to
				enter Alabama with an NPIP Form VS 9-2 or VS 9-3 in lieu of a health
				certificate and will be exempt from entry permit requirement. All live
				poultry-transporting vehicles entering the State of Alabama must bear a valid
				Certificate of Cleaning and Disinfection. If point of origin is in Alabama, the
				vehicle must have a certificate showing it has been cleaned and disinfected in
				another state prior to re-entry into Alabama. The health certificate and
				Certificate of Cleaning and Disinfection must be signed by the state or federal
				animal health official or a practicing accredited veterinarian and shall
				contain the language and information as prescribed by Rules
				80-3-18-.05 and
				80-3-18-.06.
(2) Any poultry or poultry-transporting
				vehicle not having the appropriate certificate will be barred from entering the
				state.
(3) Live poultry and
				transportation equipment owned and controlled by poultry companies in Alabama
				may be exempted from these restrictions when transporting company-owned birds
				from an adjoining state into Alabama. A blanket permit would be issued for this
				movement.
(4) In the event of an
				outbreak, the State veterinarian may require an entry permit for all poultry
				entering the state.
Authors:
Charles H. Barnes, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §
											2-15-170.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.05 - Health Certificate Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The Certificate of Veterinary Inspection shall provide the
				  following information:
(a) Date and
				time of shipment.
(b) Name,
				physical address, phone number and official Premises ID number, if known, of
				purchaser (Destination)
(c) Name,
				physical address, phone number and official Premises ID number, if known, of
				producer or shipper
(d)
				Quantity
(e) Type of
				poultry
(f) Other information (if
				any) about breed of poultry
(g)
				Certificate should contain the following statements:
1. This is to certify that the above
				mentioned poultry was tested Avian Influenza negative on the basis of an
				official approved Avian Influenza test performed by a laboratory certified by
				the National Poultry Improvement Plan.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.06 - Cleaning And Disinfection Certificate Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The Certificate of Cleaning and Disinfection shall contain
				  the following information:
(a) The
				truck, crates and equipment must be washed with soap and water under high
				pressure and disinfected at the place of origin as specified in  9 C.F.R. 1983,
				§
									71.10.
(b) A certificate
				must be issued after each use prior to entry into the State of Alabama and must
				be signed and dated by the state or federal animal health official or a
				practicing accredited veterinarian. This certificate should provide:
1. Date and time of cleaning and
				disinfecting.
2. Name and address
				of consignor and consignee.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.07 - Requirements For Eggs And Reusable Material

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Eggs entering the State of Alabama must
				be accompanied by a certificate specifying consignor and consignee, address,
				eggs for hatching or commercial.
(b) A statement shall be signed by a
				veterinarian or management that eggs are from flocks free of Avian Influenza
				and not from a quarantined area.
(c) All reusable materials used in shipping
				of eggs into the State of Alabama must be either new or free of visual debris
				and contaminates, especially feces and egg contents. In the event contaminated
				materials are found, the entire lot will be disposed of immediately at the
				expense of the shipper.
(d)
				Monitoring of the requirements of this rule shall be the responsibility of
				state and/or federal egg inspectors.
(e) Certificates for trucks, equipment and
				materials shall conform to the requirements of Rule
				80-3-18-.05.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.08 - Prohibitions Against Poultry Exhibitions

Current through Register Vol. 42, No. 9, June 28, 2024
All poultry exhibitions in the State of Alabama can be
				  prohibited until there has been a determination by the Commissioner of
				  Agriculture and Industries or the State Veterinarian that the threat of Avian
				  Influenza no longer exists.
Authors:
Charles H. Barnes, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.09 - Waiver By Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
Any rule or portion of any rule in Chapter 80-3-18 may be
				  waived or modified by the Commissioner of Agriculture and Industries, if he, in
				  his discretion, is of the opinion that the threat of Avian Influenza no longer
				  warrants the enforcement of this Chapter.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.10 - Prohibition Against Assembling Poultry To Be Sold

Current through Register Vol. 42, No. 9, June 28, 2024
The concentration, collection, or assembly of poultry of all
				  types, including waterfowl and wild and exotic birds, from one or more
				  premises, at a private or public place, for purposes of sale, can be prohibited
				  as determined by the Commissioner or the State Veterinarian.
Authors:
Charles H. Barnes, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-18 - MOVEMENT OF POULTRY INTO ALABAMA › Section 80-3-18-.11 - Rendered Poultry Products Prohibited Entry Into Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Any commercial feed, fertilizer, or any other compound or
				  substance containing rendered poultry products, including, but not limited to,
				  feather meal or poultry meat meal, where said rendered poultry products
				  originated from any area quarantined due to Avian Influenza, is prohibited
				  entry into, or transportation through, the State of Alabama without prior
				  written permission from the Commissioner of Agriculture and Industries or his
				  authorized agent.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-15-170,
					 41-22-5(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-19 - COMPOSITION OF MEAT PRODUCTS › Section 80-3-19-.01 - Composition Of Ground Beef

Current through Register Vol. 42, No. 9, June 28, 2024
Ground beef or chopped beef shall consist of chopped, fresh
				  and/or frozen beef, with or without seasoning and without the addition of beef
				  fat as such, nor beef hearts or tongues. It shall not contain more than 30% fat
				  and shall not contain added water, phosphates, binders or extenders. When beef
				  cheek meat (trimmed beef cheeks) is used in the preparation of ground or
				  chopped beef, it shall be limited to 25%; and if in excess of natural
				  proportions, its presence shall be declared on the label, in the ingredient
				  statement required, if any, and otherwise contiguous to the name of the
				  product.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-17-22,
					 20-1-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-19 - COMPOSITION OF MEAT PRODUCTS › Section 80-3-19-.02 - Composition of Hamburger

Current through Register Vol. 42, No. 9, June 28, 2024
Hamburger shall consist of chopped fresh and/or frozen beef.
				  Beef fat and/or seasoning may be added, but hamburger may not contain more than
				  30% fat from all sources and shall not contain added water, phosphates, binders
				  or extenders. Hamburger shall not contain beef hearts or tongues. Beef cheek
				  meat (trimmed beef cheeks) may only be added in accordance with the conditions
				  set out in Rule
				  80-3-19-.01.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-17-22,
					 20-1-2.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.01 - Proper Dead Poultry Disposal Equipment Required Or Other Approved Methods As Herein Provided

Current through Register Vol. 42, No. 9, June 28, 2024
The premises of each person growing poultry for himself or
				  others for commercial purposes which shall include turkeys, commercial eggs,
				  hatching eggs and broilers shall be equipped with an approved disposal pit for
				  the adequate disposal of dead poultry carcasses. A disposal pit of the type,
				  size, dimensions and design as set forth on the drawing attached to these rules
				  is hereby approved by the State Board of Agriculture and Industries for the
				  disposal of dead poultry carcasses as required hereunder. After July 1, 1996,
				  no new pits may be constructed and incinerators and composters are hereby
				  approved for the disposal of dead poultry carcasses as required hereunder and
				  their use as soon as possible is encouraged and recommended. However, approved
				  disposal pits in use prior to July 1, 1996, may be continued in use until July
				  1, 2000 and until that time shall continue to be subject to these rules
				  including but not limited to Rules 80-3-20-.01; .02; .03; .04; and .05. Any
				  other recommended methods and equipment for the disposal of dead poultry
				  carcasses as may be approved by the State Veterinarian may be used by poultry
				  growers in compliance with these rules provided such grower obtains written
				  approval for such use from the State Veterinarian.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.02 - Requirements For The Disposal Of Dead Poultry Carcasses

Current through Register Vol. 42, No. 9, June 28, 2024
All dead poultry carcasses where death results from other
				  than slaughter must be disposed of by approved methods of disposal as provided
				  in Rule
				  80-3-20-.01.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.03 - Premises To Be Quarantined If Proper Disposal Not Used

Current through Register Vol. 42, No. 9, June 28, 2024
Any premises not equipped with disposal facilities as
				  required by these rules or where it is found that such required facilities are
				  not being properly used shall be quarantined by the issuance of a quarantine
				  order in the same manner as now authorized by law for the quarantine of
				  livestock for the purpose of preventing the spread of livestock diseases and
				  following the issuance of any such quarantine order no poultry, eggs or other
				  poultry products shall be moved from the quarantined premises unless and until
				  approval for such removal is obtained from the Commissioner of Agriculture and
				  Industries, the State Veterinarian or their authorized agents or employees
				  following a finding and determination that such premises are equipped with
				  disposal facilities as required hereunder and that such facilities are being
				  effectively used for the disposal of dead poultry carcasses.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.04 - Use Of Incinerators

Current through Register Vol. 42, No. 9, June 28, 2024
Any incinerator incorporating the use of a fire brick lining,
				  grates, burners, timers and fans capable of reducing dead poultry to a white
				  ash is both an acceptable and desirable method for the disposal of dead
				  poultry. Incinerators used for dead poultry disposal must meet air quality
				  criteria established by the Alabama Department of Environmental Management for
				  such units and each individual unit used must be registered with the Alabama
				  Department of Environmental Management Aid Division in Montgomery.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.05 - Construction Of Proper Disposal Pit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A disposal pit meeting the standards and
				use provisions required in Rule
				80-3-20-.01 shall be constructed as hereinafter provided prior to July 1, 1996. Such pit
				shall be constructed so as to substantially conform to the diagram set out
				below, marked Exhibit "1," incorporated herein, and made a part
				hereof.
DISPOSAL PITS
Locate the pit conveniently to poultry houses. For a large
				  poultryman, it might be best to build two smaller pits rather than one large
				  one. This would allow closer placement of pits to different houses. Locate the
				  pit on ground with surface drainage away from the pit and at least 200 feet
				  away from a water supply. If there is a chance of contaminating your local
				  water supply, use an incinerator. Details of pit construction and size are
				  attached.
In some soils, pit will need walls to prevent the sides from
				  caving in and this can be constructed with cheap lumber. If heavy clay soils
				  where a support wall is not necessary, slope the sides, making the pits a
				  little wider at the top than it is at the bottom.
It is important that the cover fits tightly on the pit
				  opening that is made from tile or an old milk can. Also cover the pit with at
				  least 12 inches of dirt, and slope the dirt with drainage away from the center.
				  The above precautions will prevent odors and drain water away from the
				  pit.
Be sure that the pit is six feet deep or deeper to ensure
				  decay in the winter. The addition of decomposing agents in the pit is not
				  necessary. If the pit fills up, remove the top and use it on a new pit. Fill
				  the old pit with dirt.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-20 - DISPOSAL OF DEAD POULTRY › Section 80-3-20-.06 - Use of Composting

Current through Register Vol. 42, No. 9, June 28, 2024
Composting facilities shall be constructed according to
				  recommendations published by Agricultural Engineering, Cooperative Extension
				  Service, Auburn, University.
Composting shall be practically odorless and managed so that
				  pathogenic bacteria are destroyed (150 degrees F.). Carcasses must be totally
				  reduced. Composter must be operated in a manner that prohibits insects and
				  predators. Composting may be used as a second-stage cycle for a dehydrated
				  product, following approved guidelines.
Authors:
Robert J. Russell, N. Gunter Guy,
					 Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-16-41.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-21 - BRANDING OF LIVESTOCK AND ANIMAL IDENTIFICATION › Section 80-3-21-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to §§
									2-15-20 et. seq., in
				  order to facilitate the tracing and identification of lost, stolen or estrayed
				  livestock and afford protection against the theft and unlawful dealing,
				  handling or movement of livestock, including a system for brand registrations,
				  transfer of brands, reregistrations and standards or requirements for brands
				  acceptable for registration the following Rules and Regulations have been
				  promulgated by the Commissioner of Agriculture and Industries and approved by
				  the State Board of Agriculture and Industries.
Author:
John P. Hagood
Statutory Authority:
Code of Ala.
					 1975
, §
												2-15-28.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-21 - BRANDING OF LIVESTOCK AND ANIMAL IDENTIFICATION › Section 80-3-21-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
When used in this chapter, the following terms shall have the
				  following meanings, respectively, unless the context clearly indicates
				  otherwise:
(1) BRAND - Any recorded
				identification mark applied to any position on the hide of livestock by means
				of heat, acid or a chemical, except numbers used to keep production records or
				record of age. The word "brand" shall also mean and include tattoo marks on the
				hide or in the ear of livestock.
(2) LIVESTOCK- Cattle, swine, sheep, goats,
				equidae, ratites and poultry.
(3)
				PERSON- Any individual, partnership, corporation or association.
Author:
John P. Hagood
Statutory Authority:
Code of Ala.
					 1975
, §
												2-15-20.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-3-21 - BRANDING OF LIVESTOCK AND ANIMAL IDENTIFICATION › Section 80-3-21-.03 - Requirements For Registration Of Brands By Livestock Owners

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Any livestock
				owner who uses a brand to identify his livestock must register such brand by
				applying to the department for registration of his brand. The application shall
				be made on forms prescribed and furnished by said department, which application
				shall be accompanied by a fee of $20.00 for the first position on the animal on
				which the brand appears and a fee of $4.00 for each additional position of the
				animal on which the brand appears. A facsimile of the brand to be registered
				shall also be furnished by the applicant. If the brand described in the
				application or one similar or closely resembling a registered brand has not
				been previously registered by another livestock owner and such brand complies
				with standards and requirements of brands acceptable for registration as
				prescribed by the board pursuant to regulations, then the department shall
				approve the application, register the brand in the name of the applicant and
				issue to such applicant a certificate of registration. In the event the
				department denies registration of a brand for any reason, the registration fee
				of $10.00 shall be returned to the person making application for
				registration.
(b) When a livestock
				owner who has registered a brand with the department transfers such brand to
				another, he shall immediately notify the department of the transfer, giving the
				date of transfer, brand identity and the name of the transferee. Upon receipt
				of the notice of transfer and a transfer fee of $10.00, the department shall
				cause such transfer to be made in its register of brands, and such brand shall
				not be used by the new owner until permission has been given by the department
				for use of such brand.
(c) The
				provisions of this article shall not be construed to require any owner of
				livestock to brand his livestock unless he voluntarily elects to do so in which
				event he shall be required to comply with the registration requirements of this
				article.
Author:
John P. Hagood
Statutory Authority:
Code of Ala.
					 1975
, §
												2-15-21.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				Chapter 80-5-1 is to set maximum amounts of civil penalties for various
				violations of
Code of Ala. 1975
, Chapters 27 and 28 of
				Title 2, and rules promulgated thereunder, as authorized by Act No. 89-741,
				Acts of Alabama 1989.
(2) Before
				the enactment of Act No. 89-741, the only authorized penalty other than
				criminal prosecution was revocation of a permit or license. In some cases,
				these above penalties were too harsh. It is anticipated that the Commissioner
				of Agriculture and Industries will many times impose the penalties authorized
				by Act No. 89-741 and these rules in lieu of criminal prosecution or revocation
				of a license or permit, but it is understood that a civil penalty and/or
				revocation and/or criminal prosecution are all available to the
				Commissioner.
(3) It is understood
				that not every situation will fit and that in some cases penalties are
				authorized to be imposed against persons not licensed or permitted.
(4) The penalties set out in Chapter 80-5-1
				are maximum and there is no intention by the adoption of this Chapter to imply
				that maximum amounts should be imposed. The decision to impose a penalty and
				its amount, up to the maximum allowed in these rules, are wholly within the
				discretion of the Commissioner of Agriculture and Industries.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18(b).
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.02 - Maximum Penalties For Pesticide Misuse

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pesticide misuse is defined, for purposes
				of this rule, as the use of any pesticide inconsistent with its label or
				printed instructions issued by the manufacturer for said pesticide
				use.
(2) The provisions of this
				rule shall be applicable to those persons, companies or entities who dispense
				or use pesticides for hire, and that are licensed or permitted under the
				provisions of
Code of Ala. 1975
, Chapters 27 and 28 of
				Title 2.
(3) The maximum penalty
				for the proven misuse of a restricted use pesticide is $10,000.
(4) The maximum penalty for the proven misuse
				of a nonrestricted use pesticide is $5,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.03 - Maximum Penalties For Violation Of Code of Ala. 1975, Section 2-27-14

Current through Register Vol. 42, No. 9, June 28, 2024
The maximum penalty for a proven violation of any prohibited
				  or unlawful act described in
Code of Ala. 1975
, §
									2-27-14, with the
				  exception of any violation covered in any other rule in Chapter 80-5-1, is
				  $5,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.04 - Maximum Penalties For Operating Without Being Licensed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Operating
				without being licensed, for the purposes of this rule, means doing any act
				which requires a license, permit, certification or registration in the absence
				of a valid license, permit, certification or registration which is prohibited
				under law and duly promulgated rules without said authorization. It
				specifically includes, but is not limited to, the following sections of
Code of Ala. 1975
, and rules under the Alabama
				Administrative Code:
(a) Registration of a
				pesticide under §
										2-27-9.
(b) Selling of restricted use pesticides
				under §
										2-27-10.
(c) Using restricted use pesticides under
				§
										2-27-11, and Rule
				80-1-13-.06.
(d) Engaging in the custom application of
				pesticides under §
										2-27-53,
				and Chapter 80-1-14.
(e) Engaging
				in professional work or services requiring certification in that occupation
				under §
										2-28-2,
				and Rules
				80-10-9-.04,
				80-10-9-.05,
				and
				80-10-9-.06.
(f) Engaging in professional work or services
				requiring a permit under §
										2-28-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.05 - Maximum Penalties For Failure To Keep Required Books And Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of
				this rule, the failure to keep required books and records means those books and
				records required to be kept under
Code of Ala. 1975
,
				Chapters 27 and 28 of Title 2, and Chapters 80-1-13, 80-1-14 and 80-10-9,
				Alabama Administrative Code. The nonexistence of a record as well as an
				incomplete record falls under this definition.
(2) The maximum penalty for a proven
				violation of failure to keep required books and records is $1,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.06 - Maximum Penalties For Violation Of Chapters 27 And 28

Current through Register Vol. 42, No. 9, June 28, 2024
The maximum penalty for a proven violation of
Code of Ala. 1975
, Chapters 27 and 28 of Title 2, not
				  specifically addressed in those rules appearing in Chapter 80-5-1, Alabama
				  Administrative Code, is $2,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.07 - Maximum Penalties For Violation Of Pesticide And Professional Work And Service Rules

Current through Register Vol. 42, No. 9, June 28, 2024
The maximum penalty for a proven violation of any rule
				  appearing in Chapters 80-1-13, 80-1-14 and 80-10-9, Alabama Administrative
				  Code, not specifically addressed in those rules appearing in Chapter 80-5-1,
				  Alabama Admininistrative Code, is $2,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.08 - Stacking Of Maximum Penalties Prohibited (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.09 - Maximum Penalties For Violation Of Departmental Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The maximum
				penalty for the proven violation of an official suspension or stop sale order
				under
Code of Ala. 1975
, §
									2-27-15,
				is $5,000.
(2) The maximum penalty
				for the proven violation of an official written order of the Commissioner of
				Agriculture and Industries resulting from a hearing before him concerning a
				violation of
Code of Ala. 1975
, Chapters 27 or 28 of
				Title 2, and official rules promulgated thereunder is $2,000.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-1 - STANDARDS FOR ASSESSMENT OF CIVIL PENALTIES › Section 80-5-1-.10 - Maximum Penalties For Subsequent Violations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The maximum penalty imposed by any rule
				of Chapter 80-5-1 is increased by 100% up to the maximum allowed by law if
				there is a subsequent proven violation of the same offense committed by the
				same person or entity within 12 months of the first violation.
(2) The maximum penalty is increased by 50%
				if the subsequent violation occurs after 12 months, but less than 24 months of
				the first violation.
(3) The
				maximum penalty is increased by 25% if the subsequent violation occurs after 24
				months, but less than 36 months of the first violation.
(4) No increase of maximum penalties is
				allowed for subsequent proven violations occurring after 36 months of the first
				violation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-18.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-2 - CONFLICTING OR SIMILAR NAMES ON LICENSES › Section 80-5-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commissioner of Agriculture and Industries under
Code of Ala.
				1975
, §
									2-2-16,
				is charged with the execution and enforcement of all of the laws under which
				the Commissioner of Agriculture and Industries is authorized to administer.
				This necessarily requires the issuance of many licenses and permits for the
				operation of numerous activities.
(2) Since the public is necessarily involved
				with these permittees, licensees, and product registrations, if names are
				similar, there is always a chance that misrepresentation, confusion, mistake or
				fraud could occur.
(3) The purpose
				of these rules is to, as far as possible, see that the public is not misled and
				that there is complete understanding with exactly what entity the public is
				dealing.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-2 - CONFLICTING OR SIMILAR NAMES ON LICENSES › Section 80-5-2-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These rules
				shall be applicable to all products, persons, corporations, agencies,
				associations or any other entity required to be registered, licensed or
				permitted, with the exceptions listed below.
(2) These rules shall not be applicable for
				any product, person, corporation, agency, association or other like entity that
				was registered, licensed, or permitted prior to the adoption of Chapter
				80-5-2.
(3) These rules shall also
				not be applicable to registration requirements for gasoline which shall be
				regulated under Rule
				80-1-16-.10.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-2 - CONFLICTING OR SIMILAR NAMES ON LICENSES › Section 80-5-2-.03 - Similarity Of Names Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No product, person, corporation, agency,
				association or other like entity requesting registration, licensing or
				permitting under Alabama law enforced by the Commissioner of Agriculture and
				Industries shall be so similar in name to another person, corporation, agency,
				association or other like entity already registered, licensed or permitted,
				that the public could be confused or mistaken in purchasing the product or
				dealing with the entity.
(2) The
				decision on whether similarity creates confusion, misrepresentation, mistake or
				fraud to the public shall be wholly that of the Commissioner of Agriculture and
				Industries or his designated agent.
(3) Any person aggrieved by any decision of
				the Commissioner or his agent may request and receive a hearing. The hearing
				and any appeals henceforth shall be conducted under the provisions of the
				Alabama Administrative Procedure Act and those laws applicable to the specific
				registration, license or permit.
(4) The provisions of this rule shall not be
				applicable if it is in conflict with any state or federal laws or rules
				governing the registration of trademarks or brands. It is the responsibility of
				the registrant to demonstrate said conflict.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-2 - CONFLICTING OR SIMILAR NAMES ON LICENSES › Section 80-5-2-.04 - Corporations Must Conform To Alabama Law

Current through Register Vol. 42, No. 9, June 28, 2024
Any entity requesting to be licensed or permitted reflecting
				  that it is a corporation by the use of the words, corporation, incorporated, or
				  any other words that might cause the public to believe that said entity is, in
				  fact, a corporation, must be in full compliance with all Alabama laws regarding
				  corporations, both domestic and foreign, and to include registration with the
				  Secretary of State.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-5-2 - CONFLICTING OR SIMILAR NAMES ON LICENSES › Section 80-5-2-.05 - Abandonment Of Name

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The failure
				of a specific name to be registered, or the failure of an entity to be licensed
				or permitted, for a period of two consecutive years, will be considered an
				abandonment.
(2) Notwithstanding
				the provisions of paragraph (1) above, the attempt by anyone, by the use of an
				abandoned name, to mislead or confuse the public is prohibited and grounds for
				revocation of the registration, permit or license.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-2-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-1 - COTTON GINS › Section 80-6-1-.01 - Gins Must Be Proven Satisfactory Before Operating

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No gin plant shall be operated by any
				proprietor, lessee or manager until a satisfactory showing shall have been made
				to the Commissioner that the corporation, firm or individual is a competent and
				desirable corporation, firm or individual to operate a gin, and that reasonable
				ginning facilities, conveniences and services are provided and will be
				maintained.
(2) All applicants for
				a permit to do business as a cotton ginner shall fill out and execute in full
				the application forms furnished by the Commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-62.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-1 - COTTON GINS › Section 80-6-1-.02 - Bagging And Tie Requirements For Cotton Bales

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every proprietor, lessee or manager of
				every cotton gin shall place on every bale of cotton ginned not less than
				eighteen (18) pounds of bagging and ties, or more than twenty-one (21) pounds
				of bagging and ties.
(2) Every
				proprietor, lessee or manager of every cotton gin shall place on every bale of
				cotton ginned six ties known as standard forty-five pounds to the bundle of
				thirty ties, and not less than six yards of sound bagging, new or second hand
				(the minimum tensile strength to be determined by the State Board of
				Agriculture), which said bagging shall be free of all sample holes, rents or
				cuts, shall be lapped sufficiently to cover the ends of the bales and shall be
				securely tucked under the ties or sewed. No ties shall be used that are so
				badly rusted as to be likely to break or pull apart before the bale has been
				compressed. No ties shall be used that have been spliced, leaving sharp or
				projecting edges at the place of splice lap. All ties must be securely fastened
				on the bale before it is allowed to leave the gin yard.
(3) Every cotton gin is required to
				adequately cover each bale of cotton with sound bagging sufficiently strong to
				protect the cotton and the heads of bales must be completely covered with such
				bagging.
NOTE:
Paragraph (3) of Rule No. 80-6-1-.02 above
				  was certified into Legislature Reference Service in 1983 as Chapter 80-6-2.
				  This Chapter has now been downgraded into a subrule as evidenced above.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-62.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-1 - COTTON GINS › Section 80-6-1-.03 - Record-Keeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every
				proprietor, lessee or manager of a public gin shall keep and use a book of
				register as required by Section 367 of the Agricultural Code of Alabama, which
				said section reads as follows: Every person, firm or corporation who gins
				cotton for hire or toll shall keep a book in which they shall register all
				cotton received at their gins to be ginned in the name of the owner thereof if
				known; and if not known, then the ginner shall make due and diligent inquiry of
				the person who delivers said cotton to be ginned, and record in his book the
				name of the owner as given, and the name of the person from whom the cotton may
				be received, which book shall also show the date of ginning and the gin number
				of each bale, which gin number shall continue consecutively for each bale
				ginned by any particular gin, to the close of the season; such register shall
				be kept open for the inspection of the public.
(2) The amount of seed cotton ginned, if
				determined prior to the ginning of a bale, shall also be recorded in the book
				of register. If the weight of a bale and/or seed be recorded, the weight shall
				be correctly determined by the use of accurate, standard scales.
NOTE:
Section 367 of the Agricultural Code of
				  Alabama set out above has been codified into
Code of Ala.
				  1975
, §
										2-19-15.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-62.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-1 - COTTON GINS › Section 80-6-1-.04 - Labeling Requirements For Bales Of Cotton

Current through Register Vol. 42, No. 9, June 28, 2024
Every cotton ginner shall permanently make, stamp or
				  otherwise label every bale of cotton ginned by means of a tag securely attached
				  to the bale, so as to show legibly thereon the Department of Agriculture and
				  Industries PERMIT NUMBER of the cotton ginner preceded by the letter "P", or
				  the ginner's federal gin code number, and the CONSECUTIVE GIN NUMBER of the
				  bale as recorded in the book of register by the ginner. In addition to this
				  requirement, a ginner may add to the said tag any other printing or marks of
				  identification.
Authors:
Marise Mims Sandidge, Reginald L.
				  Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-16.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-6-1 - COTTON GINS › Section 80-6-1-.05 - Penalty For Removing Tags On Bales Of Cotton

Current through Register Vol. 42, No. 9, June 28, 2024
Anyone removing the tag or marks described in Rule
				  80-6-1-.04 from a bale of cotton shall be guilty of violating the rules and regulations of
				  the State Board of Agriculture and shall be subject to the penalties
				  therefor.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-62.