reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-21 - INDUSTRIAL HEMP › Section 80-10-21-.54 - Incorporation by Reference

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				following forms and materials are incorporated by reference:
(a) Grower Application
(b) Grower License Agreement
(c) Hemp Grow Plan (Indoor and
				Outdoor)
(d) Harvest/Destruction
				Report
(e) Grower Add Site
				Form
(f) Grower Amend Site
				Form
(g) Grower Property Owner
				Affirmation
(h) Harvest Destruction
				Form
(i) Release/Movement
				Form
(j) Secondary Sample(s)
				Invoice
(k) Grower Post-Harvest
				Report Form (Indoor and Outdoor)
(l) Processor/Handler Application
(m) Processor/Handler Licensing
				Agreement
(n) Processor Add Site
				Form
(o) Processor Amend Site
				Form
(p) Processor Year-End
				Report
(q) University/Research
				Application
(r) University/Research
				Licensing Agreement
(s) University
				Add Site Form
(t) University Amend
				Site Form
(u) University Year End
				Post Harvest Report Form
(v)
				International Seed Acquisition Form
(w) Seed or Propagule Acquisition
				Form
(x) Production
				Report
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this regulation is to seed law, for
				  germination and to prescribe germination standards and tolerances. It also
				  provides prohibitions and restrictions of noxious weed seed. It also
				  establishes permit fees for seed dealers and processors.
Authors:
Charles H. Barnes, John P.
				  Hagood
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.02 - Previous Regulations Withdrawn And Amended

Current through Register Vol. 42, No. 9, June 28, 2024
Portions of that regulation entitled Rules and Regulations
				  for Administration of Alabama Seed Law adopted December 13, 1963, March 10,
				  1965 and November 17, 1965, identified as Regulations Nos. 1 through 13 and
				  Regulations Nos. 17, 19, 21, 30, 31, and 33 and all amendments thereto, and all
				  other regulations pertaining to the purpose appearing in Rule No.
				  80-11-1-.01 of
				  this regulation are hereby repealed, amended and withdrawn. This chapter is
				  submitted in their place.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.03 - Allowable Standards For Sampling And Tolerances

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The manner of sampling and handling seed
				in the field and analyzing and testing seed in the Laboratory, Greenhouse and
				Trial plots shall be the same as that recommended in the Rules For Testing
				Seeds of the Association of Official Seed Analysts, as published in 1978 and as
				same is subsequently amended.
(2)
				The same tolerances published in the Rules For Testing Seeds as published by
				the Association of Official Seed Analysts, in 1978 and as subsequently amended,
				shall be recognized in the administration of the Alabama State Seed Law; except
				no tolerances shall be applied to minimum germination standards, maximum weed
				seed percentages, maximum noxious weed seeds permitted, prohibited noxious
				weeds and when the term "none allowed" is used, this shall mean 0 with no
				tolerance.
(3) Any portion of the
				Rules For Testing Seeds of the Association of Official Seed Analysts, or as may
				later be amended, in conflict with any Alabama law or regulation shall be
				disregarded and not followed:
(4)
				Tree and shrub seed shall be tested in accordance with the proceedings
				prescribed by the Association of Official Seed Analysts and set forth in the
				latest edition of the Rules For Testing Seeds published by that Association.
				For those kinds not covered in these rules, the testing procedure used shall be
				those recommended by the Eastern Tree Seed Lab.
(5) All lots of seeds shall be stacked
				separately and made accessible for proper sampling.
(6) The nine (9) month period of validity of
				a germination test is hereby extended to 36 months for agricultural and
				vegetable seeds packaged in hermetically sealed containers which comply with
				the following requirements:
(a) The seed was
				packaged within nine months after harvest;
(b) The container used does not allow water
				vapor penetration through any wall, including the seals, greater than 0.05
				grams of water per 24 hours per 100 square inches of surface at 100 degrees F.
				with a relative humidity on one side of 90 per cent and on the other side of 0
				per cent. Water vapor penetration or W V P is measured by the standards of the
				U. S. Bureau of Standards as gm.H20/24 hr./100 sq. in./100 degrees F/90% RH
				V.0% RH;
(c) The seed in the
				container does not exceed the percentage of moisture, on a wet weight basis, as
				listed in S201.36c of the Federal Seed Act for the crops listed in this
				section;
(d) The container is
				conspicuously labeled in not less than eight point type to indicate (1) that
				the container is hermetically sealed, (2) that the seed has been preconditioned
				as to moisture content, and (3) the calendar month and year in which the
				germination test was completed.
(e)
				The percentage of germination shall be stated on label at the time of
				packaging.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.04 - Germination Standards For Seed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Germination standards for vegetable seed
				shall be as follows:
Percent
Percent
Artichoke
60
Bean, lima
70
Asparagus
70
Bean, runner
75
Asparagus bean
75
Beet
65
Bean, garden
75
Broad bean
75
[Varieties other
Broccoli
75
than Improved Tendergreen
Brussels sprouts
70
(Resistant Tendergreen),
Cabbage
75
Cornelli 14, King Green,
Cantaloupe(see
Logan Processor, Ranger,
muskmelon)
Rival Seminole, Tenderbest,
Cardoon
60
Tenderlong 15, Topcrop, Top-
Carrot
55
most, Wade, Whitseeded
Cauliflower
75
Tendergreen, and Woodruff's
Celeriac
55
Hyscore]
Celery
55
Chard, Swiss
65
Beans, garden
Chicory
65
[Varieties Improved Tendergreen
Chinese cabbage
75
(Resistant Tendergreen),
Chives
50
Tendercrop, King Green,
Citron
65
Logan, Processor, Ranger
Collards
80
Rival, Seminole, Tenderbest
Corn, sweet
75
Tenderlong 15, Topcrop, Top-
Cornsalad
70
most, Wade, Whiteseeded
Cowpea
75
Tendergreen, and Woodruff's
Hyscore]
70
Cress, upland
60
Cress, garden
75
Cress, water
40
Parsley
60
Cucumber
80
Parsnip
60
Dandelion
60
Pea
80
Eggplant
60
Pepper
55
Endive
70
Pumpkin
75
Kale
75
Radish
75
Kale, Chinese
75
Rhubarb
60
Kohlrabi
75
Rutabaga
75
Leek
60
Salsify
75
Lettuce
80
Sorrell
65
Muskmelon
75
Soybean
75
Mustard
75
Spinach
60
Mustard, spinach
75
Spinach, New Zealand
40
Okra
50
Squash
75
Onion
70
Tomato
75
Onion, Welsh
70
Tomato, husk
50
Pak-choi
75
Turnip
80
Watermelon
70
(2)
				Germination standards for any vegetable seeds not listed above shall be the
				same as is published by the United States Department of Agriculture in the Code
				of Federal Regulations in regard to germination standards for vegetable
				seed.
(3) Seeds falling below the
				minimum germination set out below shall not be sold, offered for sale or
				distributed in Alabama.
(a) All vegetable
				seeds listed in Subrules (1) and (2) above falling below 20% of standards
				appearing in these subsections.
(b)
				Hybrid seed corn germinating less than 90%.
(c) Soybeans germinating less than
				70%.
(d) Cotton seed germinating
				less than 70%.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.05 - Mixed Seed Prohibitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following adulterations or mixtures
				of seed shall not be sold, offered for sale, or distributed in Alabama:
(a) Common lespedeza containing more than 5%
				weed seed.
(b) Carpet grass
				containing more than 2.5% weed seed.
(c) Dallis grass containing less than 25%
				pure live seed.
(d) Johnson grass
				containing less than 50% pure live seed.
(e) Seed peanuts of one variety containing
				more than 2.5% of another variety; however, seed peanuts containing 2.5% or
				less of another variety may be sold, provided the percentages of such varieties
				are stated on the analysis tag attached to each bag, in addition to all other
				labeling requirements now, or in the future, in effect.
(f) Rye seed produced in a northern state or
				having a northern origin. The term "northern origin" shall mean all states
				north of North Carolina, Tennessee, Arkansas, Oklahoma and north and west of
				Texas.
(g) Seed corn, for planting
				purposes, containing Texas male sterile cytoplasm. Other types of cytoplasm,
				which are resistant to Race "T" of the Southern corn leaf blight are not banned
				nor shall the presence of these other types of cytoplasm be required to be
				shown on the analysis tag.
(h)
				Domestic Sunn Hemp (Crotalaria juncea) in a mixture.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-1 - SEED STANDARDS, TOLERANCES AND TREATMENT › Section 80-11-1-.07 - Permit Fees For Seed Dealers And Processors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
Code of Ala.
				1975
, §
									2-26-5, Every
				person who sells, offers for sale, exposes for sale, distributes or solicits
				orders for the sale of any agricultural, vegetable, herb, tree, shrub or flower
				seed to retail seed dealers, farmers or to others who use or plant such seed in
				the State of Alabama shall, before selling or offering such seed for sale or
				distributing or soliciting orders for the sale of such seed and on or before
				January 1 of each year secure an annual permit from the Commissioner of
				Agriculture and Industries to engage in such business. Seed dealers and other
				sellers of seed shall apply for an annual permit upon forms prescribed by the
				commissioner, and such permit shall be issued upon the payment of the following
				permit fees when the application is in proper form:
(a) For each person engaged in selling seed
				at retail in closed containers or packets of eight ounces or less displayed on
				a supplemental container display such as a seed rack, a permit fee of $5.00 for
				each such supplemental container display;
(b) For each person selling seed to retail
				seed dealers, farmers or others who use or plant such seed, not displayed on a
				supplemental container display, a permit fee for each such place of business or
				each such representative or representatives, where such person does not
				maintain an established place of business in Alabama, shall be based on gross
				receipts from the sale of such seed for the last preceding year in Alabama as
				follows:
Gross Receipts
Permit Fee
1. Receipts of $2,500.00 or less
				................. $ 10.00
2.
				Receipts of $2,500.01 through $25,000.00 ...... $ 35.00
3. Receipts of $25,000.01 through $50,000.00
				..... $ 70.00
4. Receipts of
				$50,000.01 through $100,000.00.... $125.00
5. Receipts of $100,000.01 through
				$200,000.00... $250.00
6. Receipts
				of $200,000.01 through $300,000.00... $350.00
7. Receipts of $300,000.01 through
				$400,000.00... $450.00
8. Receipts
				of $400,000.01 through $500,000.00... $550.00
9. Receipts of more than $500,000.00
				............. $700.00
(c) Persons engaged in the operation of seed
				cleaning or processing plants, including peanut shellers, seed treaters and
				corn processors, and persons who purchase seed and process such seed for resale
				shall be required to obtain a permit as required under this section if such
				persons clean and/or process or treat seed at their plant, and the annual fee
				to be paid therefor shall be $75.00.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				this Chapter is to set up guidelines to be used in labeling all types of seed
				to include chemically treated seeds. It also provides for the keeping of
				records and sets out charges for the testing of seeds.
(2) In recognition of the necessity of
				establishing clear and effective standards for the testing, analyzing and
				labeling of seed, and the corresponding duties and obligations of seed dealers
				and others engaged in the sale of seeds to test and analyze seeds and to
				disclose the results of such testing, seed which shall have been tested in
				accordance with, and meets the standards established under the Alabama Seed Law
				and regulations, shall be deemed to comply with all laws of this State relating
				to fitness and suitability for use within this State. This provision is
				declaratory of the laws of Alabama as they have existed since the adoption of
				the Alabama Seed laws.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.02 - Labeling Requirements And Recommended Tags

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The labeling information required for
				agricultural seed under the provisions of Code of Alabama 1975, §
									2-26-7(a),
				with certain exceptions set out below, shall appear on a tag attached to each
				container in substantially the same form appearing below.
1. One seed variety.
Weight ________________ Net Lot No.____________
Kind and Variety _____________________________
Pure Seed ____________% Germ.________________%
Inert ________________% Hard Seed ____________%
Weeds ________________% Germ. & H. S.________%
Crop _________________% Date Tested ___________
Name & No. of Noxious Weeds per Lb.__________
_______________ Grown In ______________________
NAME _________________________________________
ADDRESS ______________________________________
2. Mixed seed variety tag.
MIXTURE
Weight ________________ Net Lot No.________________
Pure Test
Kind Variety Seed Germ H.S. Date
______ _________ _______%_____%______% ______
______ _________ _______%_____%______% ______
______ _________ _______%_____%______% ______
______ _________ _______%_____%______% ______
Weed Seed ____% Crop Seed ____% Inert Matter ______%
Name & No. of Noxious Weeds Per Lb.______________
________________ Grown In _________________________
NAME _____________________________________________
ADDRESS __________________________________________
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.03 - Labeling Requirements For Treated Seed

Current through Register Vol. 42, No. 9, June 28, 2024
(a) In addition to the labeling requirements
				for treated seed appearing in Code of Alabama 1975, §
									2-26-7(e),
				the separate tag required for seed treated for seed-borne disease shall show
				the kind of chemical used and the manufacturer's recommended rate or the rate
				actually used.
(b) The information
				required for the separate tag to be placed on treated seed under §
									2-26-7(e) and this Chapter shall appear on the tag in substantially the same order as
				appearing below:
1. Treated seed tag.
A R A S A N T R E A T E D
(THIRAM) (Red Print)
Treated at rate specified by manufacturer
or state the rate actually used
DO NOT USE FOR FOOD, FEED OR
OIL PURPOSES
2. Poison treated seed tag.
P O I S O N T R E A T E D (Red Print)
(MERCURY) (Red Print)
(Skull & (Skull &
Crossbones) Treated with Ceresan crossbones)
Treated at rate specified by manufacturer
or state the rate actually used
DO NOT USE FOR FOOD, FEED OR
OIL PURPOSES
As required under law, the words "Poison Treated", appearing
				  on the above tag shall be in heavy red type of not less than 1/4 inch.
Author:
Charles H. Barnes.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.04 - Additional Labeling Requirements And Prohibitions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Analysis tags not bearing all of the
				information required under the provisions of Code of Alabama 1975, §
									2-26-7,
				and this Chapter will be considered incomplete unless the value of such
				information found upon analysis is none and so stated on the tag in the proper
				spaces provided for such information.
(b) The words "Free" and "None" shall be
				construed to mean that none were found in a test complying with the methods set
				forth for testing seed by the Association of Official Seed Analysts.
(c) Abbreviations of names of the variety and
				kind of seed on the tag or tape is prohibited.
(d) Distribution or sale of cottonseed under
				a varietal name which is not already registered with the American Society of
				Agronomy is prohibited unless evidence is first furnished the Board of
				Agriculture and Industries showing this cotton to be true to name.
(e) The place of origin shall not be used in
				connection with the name of variety or kind of seed, unless it is a part of the
				generally accepted name of kind or variety. Modifying words or phrases shall
				not be used in connection with the variety, as for example, "type", "for forage
				purposes", etc.; nor shall group names be used as varietal names.
(f) Brand names, designs, grades or pictures
				indicating a condition or quality other than that required or shown on the
				analysis tag, or corresponding with that on the analysis tag, or indicating
				contradictions to any part of the analysis is prohibited.
(g) Alabama dealers will not be held
				responsible for representations made as to the variety or kind of seed when
				such varieties or kinds are not distinguishable by seed characteristics if the
				dealer secures and retains a grower's declaration or statement from the shipper
				that he has reason to know that the seed in question are true to variety or
				kind.
(h) For vegetable seed packed
				in containers of eight ounces or less, the year in which packed may be stated
				in lieu of the date of test and the percentage of germination need not be shown
				on the container for vegetable seed which germinate above the standard last
				established by the State Board of Agriculture and Industries.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.05 - Record And Bagging Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(a) In addition to the record keeping
				requirements under Code of Alabama 1975, §
									2-26-10,
				all seedsmen are also required to keep records of receipts, sales and
				deliveries of all seed for a period of not less than three years, (except
				retail sales and deliveries by dealers) for inspection purposes. Such records
				shall include:
1. Original shipper's analysis
				tag.
2. If lot numbers are changed,
				both the original and changed numbers shall be kept on record.
3. Copy of laboratory analysis identified by
				lot number from the original grower, shipper or firm responsible for
				analysis.
4. Such other available
				information as is needed for identification of shipment of lots of
				seeds.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-2 - RULES GOVERNING SEED LABELING, SAMPLING AND RECORDKEEPING › Section 80-11-2-.06 - Charges for Seed Testing

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
				Alabama farmers shall be entitled to submit to the Seed Laboratory of the
				Department of Agriculture and Industries seed samples to be analyzed and tested
				free of charge, provided that not more than the equivalent of Ten Dollars
				($10.00) worth of free seed testing services will be provided to any farmer
				within a period of one month.
(b)
				Seed testing and analysis for farmers in excess of $10.00 per month and for
				seed dealers and non-farmers shall be charged as follows:
1. For purity and germination per sample:
Group 1
Barley, Wheat, Rye, Field Peas (Austrian), Corn, Lupine,
				  Sorghum, Vetch and Rough Peas ---------- $3.00
Group 2
Soybeans, Cowpeas, Velvet Beans, Partridge Peas, Crotalaria,
				  Peanuts, Button Clover, Crimson Clover, Lespedeza, Ryegrass (except
				  fluorescence test), Fescue, Millet, Sudan Grass, Alfalfa, Cotton and Rescue
				  Grass -------------- $4.00
Group 3
Johnson Grass, Bermuda Grass, Centipede Grass, Alsike Clover,
				  White Clover, Alyce Clover, Ladino Clover, Persian Clover, Lappacea Clover, Red
				  Clover, Ball Clover, Hop Clover, Oats, Carpet Grass, Redtop, Dallis Grass,
				  Kentucky Bluegrass, Orchard grass and Love Grass
				  --------------------------------- $5.00
Bahia Grass: Hulled Samples -------------------------
				  $10.00
Unhulled Samples -------------------------------------
				  $5.00
2. For purity test
				only:
All Groups Deduct ------------------------------------
				  $1.00
3. For germination
				test only:
For germination test only, except when a purity test is
				  required in order to conduct the germination test, examination for noxious
				  weeds only, varietal determination only and moisture test only
per sample -------------------------------------------
				  $2.00
Vegetable Seed ---------------------------------------
				  $2.00
4. Fluorescence Test
				for Ryegrass -------------------- $3.00
5. Vigor test for all varieties of seed
				-------------- $1.00
Note: Pending the promulgation by the Association of Official
				  Seed Analysts of uniform seed vigor testing procedures in its Rules For Testing
				  Seeds, and the recognition and adoption of such testing procedures and
				  corresponding labeling requirements relating to vigor under Alabama seed laws
				  and regulations, persons requesting vigor tests are cautioned to only use the
				  results for personal information. Pending the above, advertising or warranting
				  of vigor in the selling of seed is prohibited. No Alabama dealer or other
				  person offering seed for sale within this State shall be under a duty to
				  conduct or secure tests for vigor or to disclose by label or otherwise any
				  information relating to vigor.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
The rules of procedure shall govern all parties who either
				  bring actions or who are required to respond or defend against actions brought
				  before the Seed Investigation and Arbitration Committee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.02 - Notice Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Notice of hearings authorized under Code of Alabama (1975),
				  §
									2-26-75,
				  shall be in writing by certified or registered mail. All parties, or the
				  parties attorneys if they are represented by counsel, shall receive written
				  notice of the hearing no later than two weeks prior to the hearing. This
				  two-week prior notice may be waived if all parties so agree.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.03 - Recording Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
All hearings conducted shall be recorded by any method of
				  recording that faithfully and accurately records the hearing. Transcripts and
				  copies of any hearing shall not be available to anyone unless the Committee in
				  its discretion so orders that a transcript of the hearing be produced. Any
				  person who participates in a hearing who also wishes the hearing recorded may
				  do so at his own expense. If the person uses an official court reporter or
				  hearings reporter to record a hearing and the hearing is transcribed, the
				  Committee shall be entitled to a copy of said transcript at no expense to the
				  Committee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.04 - Issues To Be Resolved And Burden Of Proof

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The party filing the complaint shall have
				the burden of proof at the hearing and shall be entitled to proceed first. The
				party defending shall be entitled to offer rebuttal evidence.
(2) Any issue presented by the complainant
				which is admitted by the required answer shall not have to be proved.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.05 - Representations

Current through Register Vol. 42, No. 9, June 28, 2024
Any party to a hearing may represent himself or be
				  represented by legal counsel. No person other than the party or his or her
				  legal counsel shall be allowed to represent a party. The Committee may in its
				  discretion, at the request of a party or on its own motion, waive the
				  provisions of this rule.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.06 - Oath Required

Current through Register Vol. 42, No. 9, June 28, 2024
Any testimony by anyone shall be only under oath. Said oath
				  shall be administered by the Chairman or any other member of the Committee whom
				  the Chairman may designate.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.07 - Mandatory Requirements Of Complainant

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements are mandatory and the Committee
				  may refuse in its discretion to consider any complaint which fails to comply
				  with any one of the following requirements:
(a) Failure of complainant to submit $10.00
				with his complaint.
(b) Failure of
				the complainant to substantially conform to the requirements for the complaint
				set out in Code of Alabama 1975, §
									2-26-74.
(c) Failure of the complainant to mail copies
				of the complaint to the seed dealer in the manner prescribed under §
									2-26-74 above.
(d) Failure or refusal of
				the complainant to furnish any records or documents or materials, if such are
				available to him, or under his control, upon request by the
				Committee.
(e) Failure or refusal
				of the complainant to testify at any hearing under oath if requested to do so
				by the Committee, or by any party.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.08 - Allowable Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
Any evidence of probative value, to include hearsay if it is
				  determined to be of probative value by the Committee shall be allowed to be
				  presented at a hearing. The Committee may, in its discretion, disallow any
				  evidence it considers repetitious or of no benefit to the Committee in arriving
				  at a just conclusion.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.09 - Administrative Procedure Act To Prevail

Current through Register Vol. 42, No. 9, June 28, 2024
The rules set out in Code of Alabama 1975, §
									41-22-13,
				  for contested cases under the Administrative Procedure Act shall prevail and
				  the Committee shall follow these rules of evidence as much as possible and
				  practical for any hearing.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.10 - Mandatory Requirements Of Respondent

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements of any respondent to a complaint
				  are mandatory and the Committee may, in its discretion, consider a complaint
				  deemed admitted if any one of the following requirements are not met:
(a) Failure or refusal of a party to answer a
				complaint if required to do so under §
									2-26-74,
				and after he has been so advised to answer by the Committee.
(b) Failure or refusal of a respondent to
				furnish any records, documents or materials, if such are available to him, or
				under his or her control, upon request by the Committee.
(c) Failure or refusal of a respondent to
				substantially conform to respondent's requirements under §
									2-26-74 above.
(d) Failure or refusal of
				respondent to testify under oath at any scheduled hearing if requested to do so
				by the Committee or by any party.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.11 - Scheduling of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee shall have full discretion as to when and where
				  a hearing shall be scheduled, or to ever schedule one unless there is a request
				  for a hearing by any party. If a hearing is requested by a party, the request
				  will be honored, but when and during what stage of the investigation shall be
				  at the discretion of the Committee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.12 - Authority Of Committee To Introduce Its Own Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee shall have the authority, on its own motion, to
				  introduce or take into account any evidence, or request the testimony of anyone
				  deemed necessary by the Committee at any hearing or in the consideration of
				  arriving at a just conclusion of a complaint.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-11-5 - SEED INVESTIGATION AND ARBITRATION COMMITTEE RULES OF PROCEDURE › Section 80-11-5-.13 - Committee Members Allowed To Conduct Own Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
Any Committee member may conduct any discovery in connection
				  with an investigation, the subject of a complaint filed with the Committee,
				  without receiving written permission to do so by the Chairman. This discovery
				  may or may not be considered by the entire Committee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-26-75.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Under authority
				of Code of Alabama 1975, §
									2-20-1,
				which regulates and prescribes requirements for the sale of certain grains in
				containers, the following chapter is hereby approved and adopted by the State
				Board of Agriculture and Industries relating to the grades of corn, oats, rye,
				wheat and barley which must appear on the labels of packages or other
				containers in which such grains are sold or offered for sale.
(2) This chapter also provides for adoption
				of USDA grade standards that apply to any agricultural commodities and their
				sale.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											2-11-8,
					 2-11-91,
					 2-20-1.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.02 - Adoption Of US Grade Standards

Current through Register Vol. 42, No. 9, June 28, 2024
The grades for corn, oats, rye, wheat, barley, grain sorghum
				  and beans as set forth and established in the U. S. Grain Standards Act or
				  rules and regulations promulgated thereunder are hereby adopted to govern the
				  sale of such grains in Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, § 2-11-917.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.03 - Grades Of Grain To Appear On Label

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the other information required by law or
				  regulations to appear on labels or tags of each container in which corn, oats,
				  rye, wheat, barley, grain sorghum and beans are sold or offered for sale in
				  Alabama, there shall also plainly appear thereon the grade of such grains as
				  hereinabove adopted in Rule
				  80-12-1-.02.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											2-11-91,
					 2-20-1.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.04 - Adoption Of USDA Grade Standards

Current through Register Vol. 42, No. 9, June 28, 2024
USDA Grade Standards are hereby adopted for all agricultural
				  commodities grown in or inspected in Alabama, with the exception of those
				  commodities set out in rules
				  80-12-1-.02 and
				  80-12-1-.06.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-11-5,
					 2-11-8.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.05 - Rules For Packaging And Grading Sweet Potatoes

Current through Register Vol. 42, No. 9, June 28, 2024
All sweet potatoes offered for sale or sold in commercial
				  channels in the State of Alabama for the fresh market shall be sold only in
				  standardized containers and shall be of not less than a U.S. No. 2 grade.
				  "Standardized containers" as used herein shall include any cardboard box,
				  wirebound crate or tubtype basket of not more than one bushel and consumer
				  packages of smaller size.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-11-8.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › SHIPPING POINT INSPECTION › Chapter 80-12-1 - GRADE REQUIREMENTS FOR GRAIN AND OTHER COMMODITIES › Section 80-12-1-.06 - Alabama Utility Grade For Potatoes Established

Current through Register Vol. 42, No. 9, June 28, 2024
There is hereby established an Alabama utility grade for
				  potatoes which shall meet the following standards.
(a) Alabama Utility shall meet the
				requirements of the U.S. No. 2 Grade except that in order to allow for
				variations other than size, Hollow Heart and internal discoloration, incident
				to proper grading and handling, not more than a total of 10 per cent of the
				potatoes in any lot may fail to meet the requirements of the U.S. No. 2 Grade,
				but not more than three per cent shall be allowed for potatoes affected by
				Southern Bacterial Wilt, Ring Rot, or Late Blight, and including not more than
				one per cent for potatoes which are frozen or affected by soft rot or wet
				breakdown. In addition, not more than 15% may be seriously damaged by Hollow
				Heart and internal discoloration.
(b) With the exception of the above utility
				grade, potatoes shall be graded as provided in rule
				80-12-1-.04.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-11-8.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to prescribe standards to be
				  used in weighing, measuring, labeling and packaging various commodities sold in
				  Alabama.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.02 - Previous Regulations Withdrawn And Amended

Current through Register Vol. 42, No. 9, June 28, 2024
That regulation entitled, Specifications, Tolerances,
				  Technical Requirements and Regulations of the State Board of Agriculture and
				  Industries for Commercial Weighing and Measuring Devices, dated February 15,
				  1980 and effective January 15, 1979, and paragraph no. 14 only of that
				  regulation entitled, Rules and Regulations Adopted by the State Board of
				  Agriculture and Industries for the Enforcement of Article 18, Relating to
				  Foods, Drugs, of Chapter 1, Title 2, Code of Alabama of 1940, said paragraph
				  No. 14 entitled, "Statement of Weight, Measure, or Count", are hereby
				  repealed.
Author:
Charles H. Barnes
Statutory Authority:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.03 - Application

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall apply to all packages and commodities in
				  package form, with the exception of the following:
(a) Inner wrappings not intended to be
				individually sold to the customer.
(b) Shipping containers or wrappings used
				solely for the transportation of any commodities in bulk or in quantity to
				manufacturers, packers, or processors, or to wholesale or retail distributors,
				but in no event shall this exclusion apply to packages of consumer or
				nonconsumer commodities as defined herein.
(c) Auxiliary containers or outer wrappings
				used to deliver packages of such commodities to retail customers if such
				containers or wrappings bear no printed matter pertaining to any particular
				commodity.
(d) Containers used for
				retail tray pack displays when the container itself is not intended to be sold
				(e.g., the tray that is used to display individual envelopes of seasonings,
				gravies, etc., and the tray itself is not intended to be sold), or
(e) Open carriers and transparent wrappers or
				carriers for containers when the wrappers or carriers do not bear any written,
				printed, or graphic matter obscuring the label information required by this
				regulation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-16-15.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.04 - Definitions And Terms

Current through Register Vol. 42, No. 9, June 28, 2024
As applied to this chapter, the following terms or words
				  shall have the meanings defined below:
(a) "Weight" shall mean the net weight, as
				provided in Code of Alabama 1975, §
									8-16-91.
				If the commodity is sold by drained weight, then the term shall mean net
				drained weight.
(b) "Sale from
				bulk" means the sale of commodities when the quantity is determined at the time
				of sale.
(c) "Package" means any
				commodity put up or packaged in any manner in advance of sale in units suitable
				for either wholesale or retail sale.
(d) "Consumer package" or "package of
				consumer commodity" means a commodity in package form that is customarily
				produced or distributed for sale through retail sales agencies or
				instrumentalities for consumption by individuals for the purposes of personal
				care or in the performance of services ordinarily rendered in or about the
				household or in connection with personal possession.
(e) "Nonconsumer package" ordinarily means
				packages intended solely for industrial or institutional use or wholesale
				distribution.
(f) "Principal
				display panel or panels" means that part or parts of a label that is or are so
				designated as to most likely be displayed, presented, shown, or examined under
				normal and customary conditions of display and purchase. Wherever a principal
				display panel appears more than once on a package, all requirements pertaining
				to the "principal display panel" shall pertain to all such "principal display
				panels."
(g) "Multi-unit package"
				means a package containing two or more individual packages of the same
				commodity, in the same quantity, with the individual packages intended to be
				sold as part of the multi-unit package, but capable of being individually
				sold.
(h) "Random package" means a
				package which is one of a lot, shipment, or delivery of packages of the same
				commodity with varying weights.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-16-15.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.05 - Adoption Of Federal Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Under the provisions of
Code of Ala.
				  1975
, §
									8-16-17,
				  the National Institute Of Standards And Technology No. 44 and No. 13 0 all
				  amendments and supplements thereto are adopted as the official standards for
				  Alabama. Any portion of said Handbooks No. 44 and No. 13 0 the supplements and
				  amendments thereto in conflict with Alabama statutes or regulations shall be
				  disregarded and not made a part of this regulation.
In addition to Handbook No. 44 Section 2.20 UR.2.6.1 (a),
				  (b), and (c), scales installed in any one location shall have not less than 3
				  meters (10 feet) of any approach adjacent to the platform constructed of
				  concrete to ensure that this portion remains smooth and level and in the ame
				  plane as the platform; however, steel grating of sufficient strength to
				  withstand all loads equal to the concentrated load capacity of the scale may be
				  installed in this portion. Any slope in the remaining portion of the approach
				  referred to in (c) above shall be no more than 1/2 inch per foot and be
				  constructed of conrete.
Author:
Charles H. Barnes, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §
											8-16-15.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.06 - Method Of Sale

Current through Register Vol. 42, No. 9, June 28, 2024
Commodities in liquid form shall be sold by liquid measure,
				  and commodities not in liquid form shall be sold by weight, or by measure, or
				  by count, so long as the method of sale provides accurate quantity information.
				  The quantity of viscous or semi-solid foods or of mixtures of solids and
				  liquids may be stated either by weight or measure but the statement shall be
				  definite and shall indicate whether the quantity is expressed in terms of
				  weight or measure, as for example, "weight 12 oz. " or "12 oz. avoirdupois",
				  "Volume 12 oz." or "12 fluid ounces." However, if there exists a firmly
				  established general consumer usage and trade custom with respect to the terms
				  used in expressing a declaration of quantity of a particular commodity, such
				  declaration of quantity may be expressed in its traditional terms, if such
				  traditional declaration gives accurate and adequate information as to the
				  quantity of the commodity.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-16-15.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.07 - Information Required On Packages

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any package kept for the purpose of sale
				shall bear on the outside of the package a plain, definite and conspicuous
				declaration of the following:
(a) The
				identity of the commodity in the package, unless the same can easily be
				identified through the wrapper or container.
(b) The quantity of contents in terms of
				weight, measure, or count.
(c) The
				name and place of business of the manufacturer, packer, or distributor, in the
				case of any package kept offered, or exposed for sale, or sold, in any place
				other than on the premises where packed.