reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-9 - RULES FOR NUT, BULBS, FRUITS, AND VEGETABLE REFERENDUM › Section 80-8-9-.07 - Method Of Collection

Current through Register Vol. 42, No. 9, June 28, 2024
The assessment shall be collected from affected producers at
				  first point of sale. To aid in such collection, buyers, handlers, distributors,
				  sales agents, and processors shall deduct the amount of such assessment from
				  each payment made to the affected producer and they all shall remit the same to
				  the Commissioner of Agriculture and Industries on or before the twentieth day
				  of the month following the deduction for the account of the producer. The first
				  handler will collect and remit the one-half cent (1/2¢) per pound
				  assessment on all pecans purchased from affected producers.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-208.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-9 - RULES FOR NUT, BULBS, FRUITS, AND VEGETABLE REFERENDUM › Section 80-8-9-.08 - Bond Required For Certified Association

Current through Register Vol. 42, No. 9, June 28, 2024
The treasurer of the certified Association shall be bonded in
				  an amount of not less than forty thousand dollars ($40,000). At the end of a
				  complete year of assessment collections, the above bond amount requirement will
				  be adjusted to adequately reflect as required under the law, the amount of
				  assessment forwarded to the certified Association.
Author: Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-208.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Chapter is to establish rules and
				  procedures governing referendums under the terms of §§
									2-8-351,
et
seq
.,
Code of
				  Ala. 1975
for shrimp producers. The referendums will be held to
				  allow licensed and authorized commercial shrimp boat owners/producers, herein
				  called "shrimpers" to vote an assessment against themselves to be used for the
				  promotion of the shrimp industry in the State of Alabama.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-351,
et
					 seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.02 - Referendum To Be Conducted

Current through Register Vol. 42, No. 9, June 28, 2024
The Association certified by the State Board of Agriculture
				  and Industries shall hold a referendum in the Alabama counties of Baldwin and
				  Mobile referenced herein as the "Certified Association". At the time of the
				  referendum, Alabama shrimpers shall vote to determine if they favor paying for
				  a period of five years from the date of the referendum, an assessment in an
				  amount not to exceed one and one quarter cents ($0.0125) per gallon on the sale
				  to or purchase of marine diesel fuel in this state by shrimpers licensed and
				  authorized to do business in the state.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-354,
					 2-8-355,
					 2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.03 - Conduct Of Referendum; Payment Of Expenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Certified Association shall have the
				responsibility to arrange, manage and conduct any referendums. It shall also be
				responsible to furnish all necessary ballots and arrange for the necessary poll
				holders.
(2) All expenses and costs
				necessary to conduct any referendums shall be borne by the Certified
				Association.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.04 - Notice Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Not less than 30 days before a referendum is to be held, the
				  Certified Association shall give notice of such referendum by publishing same
				  in its trade publications and by mailing a written notice to each county
				  extension agent or coordinator in Baldwin and Mobile Counties. Additionally,
				  public notice of the exact location of each polling place shall be given in
				  advance of the referendum. The notice shall include, at minimum, the date of
				  the referendum, hours the polls will be open, the exact location of polling
				  places, the rules for voting in the referendum, the amount and basis of the
				  assessment proposed to be collected, the means by which such assessment shall
				  be collected, and the general purposes for which said amount so collected shall
				  be expended and applied.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.05 - Polling Places And Time Of Operation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Voting facilities shall be provided in
				the county seat of Baldwin and Mobile counties in the State of Alabama.
				Additional facilities may be provided at the discretion of the Certified
				Association.
(2) The polls shall be
				open from 8:00 a.m. until 5:00 p.m. on the date of the referendum.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.06 - Polling Procedures; Certifying Of Results

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There shall be no less than two persons
				at each polling place who shall serve as poll holders. Such poll holders shall
				be in charge of and supervise the voting.
(2) Each polling place shall have a voter's
				register. Prior to casting his or her vote, each person who is entitled to vote
				in the referendum as further provided herein, shall sign his or her name to the
				register. Also, each voter shall write in the register his or her address,
				phone number, and the name of the authorized shrimper represented.
(3) In order to insure that all voting is
				secret and confidential, each voter shall be provided with a printed ballot.
				The ballot shall contain a statement explaining the purpose of the referendum
				and a place to vote on whether the shrimper approves or disapproves the
				proposed action.
(4) Each marked
				ballot shall be folded and deposited in a ballot box or other container where
				it will be kept until such time as it is counted.
(5) As soon as the polls close and the last
				vote is cast, the poll holders shall immediately open the ballot boxes or other
				containers, count each ballot and tabulate the results of the count. Any
				interested individual may be present and observe the counting of the votes and
				the tabulation of the results.
(6)
				After each ballot has been counted and the results tabulated, the poll holders
				shall place the marked ballots into some kind of container which shall be
				sealed. This container, along with a certification of the results of the count
				of the ballots, shall be delivered immediately to the Chairman of the
				Referendum Committee of the Certified Association. Within ten (10) days of the
				Referendum Committee having received all the certified results from Baldwin and
				Mobile counties in the State, it shall tabulate, publicly declare, and announce
				the results of the referendum. Also, within ten (10) days of receipt of the
				results from each county, a certified copy of the results of the referendum
				shall be forwarded to the Commissioner of Agriculture and Industries.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.07 - Persons Entitled To Vote

Current through Register Vol. 42, No. 9, June 28, 2024
All licensed and authorized commercial shrimp boat
				  owners/producers, referenced herein as "shrimpers", which made shrimp landings
				  in the year immediately preceding and not less than thirty (30) days prior to
				  the referendum shall be eligible to cast votes in the referendum. If there is
				  any question of eligibility, the Certified Association is authorized to request
				  any additional information allowed by statute.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.08 - Voting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
				shrimper licensed and authorized to do business in the state in the geographic
				area covered by the referendum shall have one vote cast by an authorized
				individual named and certified in writing to the Certified Association not less
				than 20 days prior to the referendum date, whether the production operation is
				conducted by an individual (sole proprietorship), partnership, estate,
				corporation, limited liability company, or other legal entity, including
				parent-subsidiaries and any one or more of the foregoing.
(2) Each eligible voter designated or
				otherwise shall vote in person at an established polling place. Neither proxy
				voting or voting by mail shall be allowed.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§ 2-8-298.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.09 - Method Of Collection

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				The assessment shall be collected at the first point of sale by the
				distributors, when the retailer orders fuel to be used by commercial shrimping
				vessels in Alabama. The one and one quarter cents ($0.0125) per gallon
				assessment is added to the wholesale price or cost of fuel purchased by the
				retailer. Provided, however, if the fuel is ordered or intended to be used for
				purposes other than those set out in the statutory authority then no assessment
				should be collected by the distributor.
(2) A distributor shall include every person
				or entity who shall engage in the selling of marine diesel fuel at wholesale
				and not in broken or component quantities at retail.
(3) The amount of such assessment collected
				by the wholesaler shall be remitted to the Commissioner of Agriculture and
				Industries by the twentieth day following the deduction from the retailer from
				the account of the retailer.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-354,
					 2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-10 - RULES FOR SHRIMP PROMOTIONAL REFERENDUM › Section 80-8-10-.10 - Bond Required For Certified Association

Current through Register Vol. 42, No. 9, June 28, 2024
The treasurer of the Certified Association shall be bonded in
				  an amount of not less than two-hundred thousand dollars ($200,000). At the end
				  of a completed year of assessment collections, the above bond amount
				  requirement will be adjusted to adequately reflect as required under the law,
				  the amount of assessment forwarded to the Certified Association.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-8-355.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-11 - RULES FOR AGRICULTURAL TOURIST ATTRACTION PROGRAM › Section 80-8-11-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to promote the growth of
				  agricultural tourism in Alabama by establishing the rules required by Act
				  Number 2011-547. This chapter establishes the requirements and guidelines for
				  becoming an Approved Agricultural Tourist Attraction and establishes the
				  Agritourism Advisory Committee.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §
											2-1-13,
					 Act No. 2011-547.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-11 - RULES FOR AGRICULTURAL TOURIST ATTRACTION PROGRAM › Section 80-8-11-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this Chapter, the following definitions
				  shall apply:
(a)
Agritourism
				Advisory Committee
means the committee that shall review all
				applications and determine if an agribusiness meets the requirements of this
				Chapter to become an approved agricultural tourist attraction. The Committee
				shall advise the Commissioner on an applicant's compliance with this Chapter.
				The Agritourism Advisory Committee may also be referred to as the
				"Committee."
(b)
Approved
				Agricultural Tourist Attraction
means an agribusiness that meets the
				requirements of this Chapter and has been designated as an Approved
				Agricultural Tourist Attraction in accordance with this Chapter. An Approved
				Agricultural Tourist Attraction may also be referred to as an "AATA" or as an
				"Attraction."
(c)
Commissioner
means the Commissioner of the Alabama Department of
				Agriculture and Industries.
(d)
Department
means the Alabama Department of Agriculture and
				Industries.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §
											2-1-13,
					 Act No. 2011-547.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-11 - RULES FOR AGRICULTURAL TOURIST ATTRACTION PROGRAM › Section 80-8-11-.04 - Agritourism Advisory Committee Created

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee shall consist of five individuals with
				  knowledge of agritourism and rural economic development. All five committee
				  members shall be appointed by the Commissioner of Agriculture and Industries,
				  and all shall serve at the will of the Commissioner. The Commissioner shall
				  choose one committee member from each of the following entities: the Alabama
				  Department of Agriculture and Industries, the Alabama Farmers Market Authority,
				  the Alabama Cooperative Extension System, and the Alabama Farmers Federation.
				  The fifth committee member shall be an individual from the agritourism
				  industry. The committee shall advise the Commissioner regarding an applicant's
				  compliance with the requirements of this Chapter.
Author:
Patrick B. Moody
Statutory Authority:
Code of Ala.
					 1975
, §
											2-1-13,
					 Act No. 2011-547.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-11 - RULES FOR AGRICULTURAL TOURIST ATTRACTION PROGRAM › Section 80-8-11-.05 - Requirements For Approved Agricultural Tourist Attraction Designation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An Approved
				Agricultural Tourist Attraction shall be a commercial enterprise that complies
				with requirements of this Chapter and has been approved by the Commissioner.
				The Attraction may be located at any agricultural location, including
				horticultural and agribusiness operations that generates tourism income.
				Examples of commercial enterprises meeting this requirement include, but are
				not limited to, farms, vineyards, farm wineries, seasonal U-pick operations,
				farm stands, roadside stands, educational and entertainment agritourism farms,
				Christmas tree farms, and Farmers markets that are designated "Certified
				Markets" by the Alabama Farmers Market Authority. The use of the word "farm" in
				this section includes farm wineries, certified farmers markets, and
				vineyards.
(2) An agribusiness
				seeking the designation of Approved Agricultural Tourist Attraction shall:
(a) Be open to the public a minimum of five
				(5) days a week, 3 to 6 hours per day, preferably one weekend day during the
				farm's selected season(s). This requirement shall not apply to seasonal
				operations such as U-pick farms, "Certified Farm Markets" of the Farmers Market
				Authority, Christmas tree farms, pumpkin patches, corn mazes, fall farms open
				only in the September through December time frame, farms open for special
				events or festivals, or for craft and artists' farms which are open by
				appointment or reservation only,
(b) Maintain a clean and neat appearance at
				farm entrance and throughout visitor areas,
(c) Must be located on a site free of threats
				to human health and safety with signage indicating health and safety
				information and facilities,
(d)
				Must provide trained staff who welcome individuals or groups, give interpretive
				tours, answer questions, and are available for assisting tourists,
				and
(e) Must provide tourists with
				informational material such as brochures, flyers, maps, activity sheets
				relating to the agritourism site.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Chapter is to establish the rules and
				  procedures to govern the conduct of a referendum under the terms of Code of
				  Alabama. This referendum will allow peanut producers to vote an assessment
				  against themselves which will be used for promotion of the peanut industry in
				  Alabama.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-12 0.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.02 - Referendum To Be Held

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to
Code of Ala. 1975
,
				  §
									2-8-123 the Association certified by the State Board of Agriculture and Industries
				  shall hold a referendum amongst producers of peanuts. At that time Alabama
				  peanut producers will vote and determine if they favor paying for a period of 3
				  years from the date of the referendum, an assessment in an amount not to exceed
				  the limit set forth in the
Code of Ala. 1975
, §
									2-8-126.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-122.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.03 - Conduct Of Referendum; Payment Of Expenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Association certified by the State
				Board of Agriculture and Industries shall have the responsibility to arrange,
				manage and conduct any referendums.
(2) All expenses and costs necessary to
				conduct any referendums shall be borne by the Association certified by the
				State Board of Agriculture and Industries.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-127.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.04 - Notice Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Not less than 30 days before any referendum is held, the
				  Association certified by the State Board of Agriculture and Industries shall
				  give notice of such referendum by publishing same in an established farm
				  publication and by mailing a written notice to each county extension
				  coordinator in the area covered by the referendum. Notice shall also be
				  published once a week in a newspaper in the county in which USDA inspection and
				  buying points for peanuts are located for three successive weeks next preceding
				  the referendum. The notice shall include, at minimum, the date of the
				  referendum, the hours that the polls will be open, the addresses of polling
				  places, the rules for voting in the referendum, the amount and basis of the
				  assessment proposed to be collected, the means by which such assessment shall
				  be collected and the general purpose for which the assessment is
				  collected.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-126.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.05 - Polling Places And Time Of Operation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Voting facilities shall be provided in
				counties in which peanuts are produced or processed. Additional facilities may
				be provided should the Association certified by the State Board of Agriculture
				and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to
				4:00 p.m. on the date of the referendum.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-131.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.06 - Persons Eligible To Vote; Voting Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All individuals who in the past 3 crop
				years immediately preceding the referendum produced peanuts and shall be
				subject to an assessment levied shall be eligible to cast a vote in the
				referendum. If there is any question of eligibility, the Association certified
				by the State Board of Agriculture and Industries is authorized to request any
				additional information permitted by law.
(2) Each producer shall have one
				vote.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-12 - PEANUT PROMOTIONAL REFERENDUM › Section 80-8-12-.07 - Polling Procedures; Certifying Of Results

Current through Register Vol. 42, No. 9, June 28, 2024
(1) There shall be two persons at each
				polling place who shall serve as poll holders. Such poll holders shall be in
				charge of and supervise the voting.
(2) Each polling place shall have a voting
				register in the form of an affidavit. Prior to casting his or her vote, each
				person who is entitled to vote in the referendum shall sign his or her name to
				the register. Also, each voter shall write in the register his or her address
				and the total number of acres they had in production of peanuts in the last
				year.
(3) Each producer shall be
				provided a ballot. The producer will mark whether he approves or disapproves
				the promotional program.
(4) Votes
				shall be cast by secret ballot. Each marked ballot shall be deposited in a
				ballot box or other designated container where it will be kept until such time
				as it is counted.
(5) As soon as
				the polls close and the last vote is cast, the poll holders shall open the
				ballot boxes or other containers, count each ballot and tabulate the results of
				the count. They will then report the results to the Association certified by
				the State Board of Agriculture and Industries. Following the referendum and
				within 10 days thereafter, the Association certified by the State Board of
				Agriculture and Industries shall publicly declare and announce the
				results.
Author:
N. Gunter Guy, Jr.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-132.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Nursery stock shall include all plants, trees, shrubs, vines,
				  cuttings, and grafts, scions and buds grown or kept for or capable of
				  propagation, distribution or sale.
Authors:
Charles H. Barnes, John P.
				  Hagood
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-4,
					 2-25-6.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.02 - Inspection Required Before Certificate Issued

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No inspection certificate shall be issued
				for the sale, offering for sale or movement of any nursery stock until the
				stock in question shall have been inspected by the Commissioner and found to be
				apparently free from seriously injurious plant pests.
(2) The nursery must be in such condition, in
				regard to growth, cultivation, and weed control as to permit an efficient
				inspection for plant pests.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.03 - Certificate Fee Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Nurserymen shall pay annual inspection certificate fees based on the previous
				year's volume of sales in nursery stock. Where stock is grown at more than one
				location, fees shall be based on the aggregated previous year's volume of
				sales, unless the nurseryman requests separate certification, as follows:
Previous Year's Gross Sales of Production
				  Fee
Less than $100,000 $ 35.00 $100,000.01 to $500,000 $ 75.00
				  500,000.01 to $1,000,000 $125.00 $1,000,000.01 to $1,500,000 $200.00 More than
				  $1,500,000 $230.00
(2) A
				person who requests an inspection and a certificate for plants not defined
				herein as nursery stock, for any movement or sale, may be provided such
				services on the same basis as if the plant material shall be subject to the
				same laws and rules as if the person was a nurseryman and the plant material
				was nursery stock.
(3) A dealer in
				nursery stock shall pay an annual certificate fee of $20.00 for each separate
				location or place of business from which nursery stock is sold or offered for
				sale.
(4) These certificates expire
				September 30, the end of the fiscal year for which they are issued.
Authors:
Charles H. Barnes, John P.
					 Hagood
Statutory
Authority:
Code of Ala. 1975
, §§
											2-25-4,
					 2-56-6.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.04 - Inspection Of Plants Not Considered Nursery Stock

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Growers of plants not considered as
				nursery stock by Alabama but classified as nursery stock by other states who
				wish to make shipments into states requiring that an inspection certificate
				accompany such plants, must make application for inspection services and pay
				the required inspection fee before such certificate can be issued.
(2) Such person and such plant material shall
				be subject to the same laws and rules as if the person was a nurseryman and the
				plant material was nursery stock.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.05 - Keeping Of Records

Current through Register Vol. 42, No. 9, June 28, 2024
Every nurseryman and dealer must retain for three years all
				  invoices showing source and date of purchase of all nursery stock. Such records
				  must be made available upon request by the Commissioner during normal business
				  hours.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.06 - Filing Of Duplicate Certificates And Reciprocal Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Out-of-state
				nurseries and dealers must file with the Commissioner a duplicate certificate
				of inspection issued by the official certifying agency of the state of origin.
				An official list of certified nurseries and/or dealers issued by the official
				certifying agency of the state of origin may be substituted for duplicate
				certificates. The Commissioner may enter into reciprocal agreements with the
				certifying agency of other states whereby no certificate fee will be required,
				provided Alabama nurserymen and dealers are permitted to ship nursery stock
				into such states without having to pay a fee for an inspection certificate or
				permit granting that privilege.
(2)
				Nursery stock entering the State of Alabama must be certified as being
				apparently free from plant pests. Certificate tags issued by the official
				certifying agency of the state of origin stating such must be firmly attached
				to each box, bundle or package of nursery stock moved into the state.
(3) All other plant material entering the
				State of Alabama must be found apparently free from plant pests upon
				inspection.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.07 - Certificate Tag Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Each box, bundle or package of nursery stock moved into or within the State of
				Alabama shall have a valid official tag bearing a copy of certificate of
				inspection and seal of the Department of Agriculture and Industries
				conspicuously attached, or an inspection tag of the U.S. Department of
				Agriculture. Shipments of stock not thus tagged shall be liable to confiscation
				by the Commissioner. One tag on a container does not cover individual orders
				therein.
(2) Certificate tags are
				not required on local retail sales where such sales are made directly to the
				ultimate user of such nursery stock.
(3) Certificate tags of a standard design and
				size may be secured through the Commissioner.
(4) The certified nurseryman or dealer may
				print certificate tags at their own expense, provided:
(a) the plates or proofs are examined and
				approved by the Commissioner prior to printing; but
(b) these certificate tags are subject to
				confiscation by the Commissioner for cause.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.08 - Requirements To Sell Native Wild Plants

Current through Register Vol. 42, No. 9, June 28, 2024
Any person collecting native wild plants for the purpose of
				  sale must take out an annual inspection certificate on the same basis as a
				  dealer. Each load or lot collected must be inspected by the Commissioner before
				  being offered for sale. Requests for inspection at a specified time must be
				  made in advance.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.09 - Revocation Of Inspection Certificates And Tags

Current through Register Vol. 42, No. 9, June 28, 2024
Any certificate or permit may be revoked and any certificate
				  tags recalled at any time for violation of the provisions of Chapter 25, Title
				  2
Code of Ala. 1975
, or the rules and regulations of
				  the State Board of Agriculture and Industries.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.10 - Transit Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
All shipments of nursery stock coming into the state as well
				  as intrastate shipments are subject to inspection in transit or at destination
				  at the option of the Commissioner, and if found infested with any serious plant
				  pests, may be returned to the consignor, treated, destroyed, or otherwise
				  disposed of as the Commissioner may deem advisable and direct. In case the
				  shipment is returned to the consignor or treatment is ordered, same shall be at
				  the expense of the consignor.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.11 - Special Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For those
				desiring to make complimentary shipments of nursery stock, inspections will be
				made of such shipments and if plants are found apparently free of plant pests,
				special permit tags will be issued.
(2) Special permits may be issued for the
				entrance into Alabama of any quarantine plants, seeds, plant products, plant
				pests, or noxious weeds that are needed for experimental purposes by the U.S.
				Department of Agriculture, or by the Alabama Agricultural Experiment Station,
				or by any other appropriate agency; provided that the Commissioner is satisfied
				that such movement does not harm or threaten Alabama's agricultural or
				horticultural interests.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-1 - NURSERY AND NURSERY STOCK › Section 80-10-1-.12 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
Public agencies which produce nursery stock for sale or
				  distribution shall be exempt from payment of certificate of inspection fees
				  provided:
(a) such nursery stock is
				produced substantially for educational or research purposes, and
(b) the gross income from sale of such
				nursery stock is under $25,000 annually, and
(c) the public agency meets all other
				requirements for a certificate of inspection, and
(d) the public agency submits a letter to the
				Commissioner requesting exemption and certifying compliance with (a) and (b)
				above.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				this Chapter is to prevent the dissemination of sweet potato pests. The
				following rules in this Chapter govern the movement, shipment, and
				certification within or into the State of Alabama of sweet potato seed, plants,
				table stock or vines. No sweet potato seed, sweet potato plants or vines will
				be certified in the areas designated by the Commissioner as infested with the
				sweet potato weevil. The Commissioner may deem table stock grown in an infected
				area to be certified provided they have been trapped, inspected and found free
				of sweet potato weevil (Cylas formicaris) by the Commissioner or his
				representative.
(2) The provisions
				herein shall not be construed to prohibit the possession or movement of
				noncertified sweet potato seed, plants, or vine cuttings for propagation
				purposes within the limits of a farm where such were produced.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this Chapter, the following words shall have the
				  meaning stated below, unless the context clearly requires otherwise:
(a) Board. The State Board of Agriculture and
				Industries.
(b) Commissioner. The
				Commissioner of Agriculture and Industries or his designated
				representative.
(c) Infested. The
				actual presence of a pest of sweet potatoes, or circumstances which make it
				reasonable to believe that such are present.
(d) Pest(s). Any infectious, contagious, or
				harmful agent, disease or disorder of sweet potatoes, including but not limited
				to, those incited by bacteria, fungi, viruses, mycoplasmas, nematodes, mites,
				insects, protozoa, weeds, or any organisms similar to or allied with any of the
				foregoing.
(e) Sweet Potato. Vines,
				cuttings, slips, draws, roots, and any other vegetatively propagated part of
				the plant,
Ipomoea batatas
(L) Lam.
(f) Sweet Potato Grower. Any individual,
				corporation, or company who grows Sweet Potato seed, plants or table stock for
				the purpose of distribution, sale or movement away from the farm on which such
				Sweet Potatoes were grown or produced.
(g) Sweet Potato Dealer. Any individual,
				corporation, company, society, association or other business entity, not a
				grower of sweet potatoes, who buys, receives on consignment, or otherwise
				acquires and has in his possession sweet potatoes for the purpose of offering
				or exposing same for sale, reselling, reshipping or distributing.
(h) Sweet Potato Plant Certificate Tag. A
				tag, of various colors, issued by the commissioner, indicating that the sweet
				potato plants on which the tag is issued were produced in a manner consistent
				with this Chapter.
(i) Sweet Potato
				Plant Certificate Tag. A tag, of various colors, issued by the commissioner,
				indicating that the sweet potato plants on which the tag is issued were
				produced in a manner consistent with this Chapter.
(j) Sweet Potato Plant Certificate Tape.
				Fabric tape of various colors, correspondent to those of (8) above, issued by
				the commissioner, indicating that the sweet potato plants on which the tape is
				issued were produced in a manner consistent with this Chapter.
(k) Sweet Potato Green Tag. A tag, green in
				color, issued to Sweet Potato producers indicating compliance with Alabama
				sweet potato certification rules.
Author:
Charles H. Barnes, Robert J.
					 Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.03 - Application For Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				All growers in the State of Alabama who intend to sell or exchange sweet potato
				seed or plants for propagation purposes the following year should apply to the
				commissioner for certification on or before May 15, on forms supplied by the
				commissioner. Only one application is necessary to obtain field, storage, and
				plant-bed inspections.
(2) The
				annual certification fee of one hundred ($100.00) shall accompany the
				application for inspection. A trapping and inspection fee of $5.00 per acre is
				required for each acre of Sweet Potatoes grown or produced for sale or
				distribution.
(3) Delinquent fees
				shall be handled as provided under
Code of Ala. 1975
,
				§
									2-9-2.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.05 - Requirements For The Sale And Distribution Of Propagating Material

Current through Register Vol. 42, No. 9, June 28, 2024
Movement of sweet potato seed or sweet potato plants for
				  propagation purposes shall be prohibited beyond the limits of the farm where
				  produced unless such sweet potato seed or plants have been certified and
				  appropriately tagged as provided herein. Such propagation stock shall be
				  transported in new and unused containers, or in properly cleaned and treated
				  used containers. Sweet potato seed certificate tags, sweet potato plant
				  certificate tags, and/or sweet potato plant certificate tape shall be issued
				  only after the sweet potato seed or sweet potato plants have passed the proper
				  inspections, and after the grower has complied with the rules provided herein
				  to prevent the spread of injurious pests.
(a) Each container of sweet potato seed
				offered or exposed for sale, trade, or other distribution, or possessed beyond
				the limits of the farm where grown, moved or shipped within or into the State
				of Alabama, must have firmly attached a valid sweet potato seed certificate tag
				issued by the commissioner or by the certifying agency of the state of origin.
				The grower's name, address, and the variety of sweet potato must be printed on
				the tag.
(b) All sweet potato
				plants offered or exposed for sale, trade, or other distribution, or possessed
				beyond the limits of the farm where grown, moved or shipped within or into the
				state of Alabama must be tied with valid sweet potato plant certificate tape in
				bundles of one hundred (100) plants or less, and each bundle, package, or
				container must have firmly attached a valid sweet potato plant certificate tag
				issued by the commissioner or by the certifying agency of the state of origin.
				The grower's name, address, the variety, and the number of plants per bundle
				must appear on the tag. Sweet potato plant certificate tags and sweet potato
				plant certificate tape must have been issued to the same grower, or the plants
				shall be subject to confiscation by the commissioner.
(c) Vine cuttings shall meet all requirements
				set for plants.
(d) Sweet potato
				table stock offered or exposed for sale, trade, or other distribution, or
				possessed beyond the limits of the farm where grown, moved or shipped within or
				shipped out of the state of Alabama must have a valid sweet potato green tag
				attached to or placed within each container.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.06 - Requirements For Dealers In Sweet Potato Seed And Sweet Potato Plants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				requirements as provided herein for certification and for the sale and
				distribution of propagating material apply where sweet potato seed, sweet
				potato plants, and sweet potato table stock are sold, offered for sale, or kept
				for sale by a person or firm engaged in the business of buying and reselling
				sweet potato seed, sweet potato plants, and sweet potato table stock.
(2) Sweet potato seed or sweet potato plants
				not meeting the requirements herein for certification and for the sale and
				distribution of propagating material shall be subject to
				confiscation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.07 - Requirements For Out-Of-State Sweet Potato Seed And Plant Growers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sweet potato
				seed or sweet potato plants produced outside the State of Alabama and moved
				into Alabama shall be governed by the same requirements that regulate such
				material produced within the State of Alabama.
(2) Out-of-state growers who wish to move
				sweet potato seed or sweet potato plants into Alabama must submit to the
				commissioner a duplicate inspection certificate issued by the certifying agency
				of the state of origin. This duplicate inspection certificate must show
				compliance with certification requirements equivalent to those provided
				herein.
(3) Sweet potato seed
				certificate tags, sweet potato plant certificate tags, and sweet potato plant
				certificate tape issued by the certifying agency of the state of origin will be
				accepted in Alabama on a reciprocal basis.
(4) Seed shall be shipped in new and unused
				containers, or in properly cleaned and treated used containers which bear a
				sweet potato seed certificate tag issued by the proper certifying agency of the
				state of origin.
(5) Plants must be
				tied in bundles of one hundred (100) plants or less with sweet potato plant
				certificate tape issued by the proper certifying agency of the state of origin
				and each bundle or each container of plants must have a sweet potato plant
				certificate tag showing the grower's name, address, the variety, and the number
				of plants in each bundle. Such plants shall be shipped in new and unused
				containers, or in properly cleaned and treated used containers.
(6) Sweet potato plant certificate tags,
				sweet potato seed certificate tags, and sweet potato plant certificate tape
				will be supplied at a reasonable cost by the commissioner if not available from
				the certifying agency in the state of origin.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-2 - CERTIFICATION OF SWEET POTATO SEED AND SWEET POTATO PLANTS › Section 80-10-2-.08 - Rules For Transportation Companies, Common Carriers, Etc

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				transportation and common carriers shall refuse to accept for shipment any
				consignment of sweet potato seed when such shipment is not accompanied by a
				valid sweet potato seed certificate tag. Such carriers shall also refuse to
				accept for shipment sweet potato plants not accompanied by a valid sweet potato
				plant certificate tag and tied with valid sweet potato plant certificate tape.
				Such carrier shall also refuse to accept for shipment sweet potato table stock
				not accompanied by a valid sweet potato green tag.
(2) In accordance with
Code of
				Ala. 1975
, §
									2-25-11,
				it shall be the duty of the transportation companies and common carriers to
				withhold delivery and notify the commissioner of the arrival within the state
				of Alabama of any shipment of plants or parts thereof within the scope of this
				regulation, when such shipment is made in violation of any of the provisions of
				this regulation.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-25-1,
et
seq
.