reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.11 - Exempted Articles

Current through Register Vol. 42, No. 9, June 28, 2024
The following articles are exempt from all regulated area
				  certification and permit requirements if they meet applicable conditions
				  prescribed and have not been exposed to infestation after cleaning or other
				  handling:
(1) Potting soil, if
				commercially prepared, packaged, and shipped in original containers;
(2) Hay and straw, if used for packing or
				bedding;
(3) Used mechanized
				soil-moving equipment, if cleaned of all loose, noncompacted soil;
(4) Transplants, if substantially free of
				soil, and houseplants grown in the home and not for sale;
(5) Soil samples for processing, testing, or
				analysis may be moved from the regulated area only to laboratories operated
				under compliance agreement or only in emergencies under authorization from the
				commissioner;
(6) Compost,
				decomposed manure, humus and peat, if dehydrated, ground, pulverized, or
				compressed;
(7) Logs and pulpwood,
				provided the loading site has been properly treated as recommended;
(8) Stump wood, if free of excessive amounts
				of soil, provided the loading site has been treated and the stump wood is
				consigned to a designated plant.
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 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.12 - Waiver By Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner, in his discretion, may waive the
				  requirements for movement of regulated articles for experimental or scientific
				  purposes in accordance with specified conditions.
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 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.13 - Compliance Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
As a condition of issuance of certificates of compliance or
				  permits for the movement of regulated articles, any person engaged in
				  purchasing, assembling, exchanging, handling, processing, utilizing, treating,
				  or moving such articles may be required to sign a compliance agreement
				  stipulating that he will maintain such safeguards against the establishment and
				  spread of infestation and subsequent movement of such articles, and the
				  cleaning and treatment of means of conveyance and containers used in the
				  transportation of such articles as may be required by the commissioner. United
				  States Department of Agriculture compliance agreements may be utilized to meet
				  the requirements of this rule.
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 80-10-6 - IMPORTED FIRE ANT QUARANTINE › Section 80-10-6-.14 - Inspection And Disposal

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner, after displaying proper identification, is
				  authorized to stop and inspect, without a warrant, any person or means of
				  conveyance moving into, within or from the state of Alabama upon probable cause
				  to believe that such means of conveyance or articles are infested with the
				  imported fire ant; and to seize, treat, destroy, or otherwise dispose of
				  articles found to be moving in violation of this quarantine.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.01 - Determination Of Problem And Establishment Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has been determined that a serious and
				highly infectious disease known as Phony Peach Disease, which is an RLO induced
				disease of peach and certain other stone fruits, exists.
(2) Due to the above determination, a
				quarantine against the above described disease is hereby established.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this quarantine, the following shall be construed
				  respectfully to mean:
(1) Pest or
				Disease. Phony Peach, a serious disease of peach and certain other stone
				fruits, caused by a rickettsia-like organism (RLO).
(2) Commissioner. The Commissioner of
				Agriculture and Industries or his authorized representative.
(3) Infestation. The presence of the Phony
				Peach Disease agent in any form or fashion, or the existence of circumstances
				which make it reasonable to believe that the Phony Peach Disease agent is
				present.
(4) Certificate of
				Inspection. A document issued, or authorized to be issued by the commissioner
				to allow the movement of regulated articles to any destination. Such
				certificate shall also be construed to imply complete compliance with
				restrictions noted in this quarantine.
(5) Regulated Area. Any county, parish,
				township, city or other civil division or part thereof in any state, country or
				territory listed in this quarantine as being placed under quarantine, and such
				other areas as may become infested or deemed to present a hazard of spread of
				the Phony Peach Disease agent.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.03 - Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
Regulated areas shall be as follows:
(1) All infested areas of Alabama, Florida,
				Georgia, Louisiana, Mississippi, South Carolina, Tennessee and Texas.
(2) Any other area or additional areas within
				currently quarantined areas hereafter found to be infested with the Phony Peach
				Disease agent.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.04 - Products Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following disease agent and products shall be regulated
				  by this quarantine.
(1) All peach,
				plum, apricot, nectarine, and almond nursery stock.
(2) The Phony Peach Disease agent in any form
				or fashion.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.05 - Conditions Governing Shipments

Current through Register Vol. 42, No. 9, June 28, 2024
The movement of regulated articles from any regulated area
				  into, within, or from the state of Alabama is permitted only when there is
				  securely attached to the outside of each container, package, or bundle, a valid
				  certificate of inspection. Such certificate of inspection shall be construed to
				  indicate that requirements for certification stated in Rule
				  80-10-7-.06 have been met.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.06 - Requirements For Certification

Current through Register Vol. 42, No. 9, June 28, 2024
Prunus nursery stock may be certified provided the following
				  conditions have been met:
(1) Sites on
				which regulated articles are to be produced shall be at least 300 yards from
				wild or native plums, one-half mile from phony infected commercial orchards,
				and one-half mile from urban areas;
(2) The one-half mile environs of the
				production site shall be inspected prior to October 1, and all phony trees
				found within such environs removed prior to November 1;
(3) All budding shall be restricted to the
				slip-bud method;
(4) None of the
				stock has been propagated by means of rooted cuttings; and
(5) Recommendations by the Alabama
				Cooperative Extension Service with regard to insect, weed, and disease control
				have been followed.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.07 - Removal Of Areas From Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
Areas may be released from quarantine status when
				  satisfactory evidence has been presented to the commissioner that no Phony
				  Peach Disease has been found for a period of three consecutive years.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.08 - Articles In Violation May Be Destroyed

Current through Register Vol. 42, No. 9, June 28, 2024
Shipments of regulated articles moving into, within or from
				  the state of Alabama in violation of this quarantine shall be returned to the
				  shipper or destroyed as directed by the commissioner.
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 80-10-7 - PHONY PEACH DISEASE QUARANTINE › Section 80-10-7-.09 - Waiver By Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner in his discretion may waive the requirements
				  for movement of regulated articles for experimental or scientific purposes in
				  accordance with specified conditions.
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 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.01 - Determination And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has
				been determined that the destructive pest known as the brown garden snail,
				Helix aspersa Muller, defined as a plant pest under provisions of
Code of Ala. 1975
, §
									2-25-1(1),
				has become established in several states. It is also found and determined that
				this pest is extremely injurious to Alabama cultivated crops, and that a
				quarantine against said pest would be in the best interests of horticulture and
				agriculture in Alabama.
(2) The
				purpose of this regulation is to establish a quarantine against the brown
				garden snail for the protection of the horticultural and agricultural industry
				in Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this quarantine, the following definitions
				  shall apply:
(1) Certificate of
				Quarantine Compliance. A certificate or document issued by a duly authorized
				official representative of the state of origin verifying compliance with the
				provisions of this quarantine. Such certificate shall specify pesticidal
				treatment applied, place where grown, name and address of distributor or
				consignor, tag number of truck and/or trailer and state of registration, car
				number if by rail, and name and address of consignee.
(2) Commissioner. The Commissioner of
				Agriculture and Industries or his authorized representatives.
(3) Infestation. The presence of the brown
				garden snail in any stage of development, or the existence of circumstances
				which make it reasonable to believe that the brown garden snail is
				present.
(4) Plants and Plant
				Products. Trees, shrubs, vines forage and cereal plants, and all other plants,
				cuttings, grafts, scions, buds and all other parts of plants and fruit,
				vegetables, roots, bulbs, tubers, seeds, wood, lumber, and all other products
				made therefrom.
(5) Regulated Area.
				Any county, parish, township, city or other civil division or part thereof in
				any state or territory listed in this quarantine as being placed under
				quarantine, and such other areas as may become infested or deemed to present a
				hazard of spread of the brown garden snail.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.03 - Quarantine Imposed

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the findings and determinations set out in Rule
				  80-10-8-.01 above, it is Hereby Ordered, under the provisions of
Code of Ala.
				  1975
, §
									2-25-4(5),
				  that a quarantine be imposed upon the articles and pest set out in this
				  quarantine, subject to the conditions imposed by this quarantine.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.04 - Pests And Articles Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following pest and articles shall be regulated by this
				  quarantine:
(1) The brown garden
				snail, Helix aspersa Muller, in any living stage of development;
(2) Soil, sand or gravel, separately or with
				other things;
(3) Plants and plant
				products, provided that grafts, scions, buds, fruit, vegetables, roots, bulbs,
				tubers, seeds, wood, lumber, and all other products made therefrom, shall not
				require certification so long as they are not exposed to conditions whereby
				they may become infested;
(4)
				Forest products such as stump wood or timbers;
(5) Any other articles which have become
				contaminated or subject to contamination.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.05 - Areas Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				infested areas of the following states are hereby designated as regulated:
				Arizona, California, Minnesota, New Mexico, and Oregon.
(2) Other. Any other state or additional
				areas within currently quarantined states hereafter found to be infested with
				the brown garden snail.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.06 - Treatment And Handling Of Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Regulated articles from regulated areas
				will be prohibited entry into Alabama, unless each shipment is accompanied by a
				certificate of quarantine compliance issued by and bearing the signature of an
				authorized inspector of the state of origin, certifying that it has been
				determined by official survey that regulated articles contained in the shipment
				were inspected and found to be free of the brown garden snail and, further,
				that the pest is not known to exist in the nursery or site from which the
				shipment or regulated articles originated.
(2) Regulated articles originating from
				nurseries or sites not found to be free from brown garden snails may enter
				Alabama only when accompanied by a certificate of quarantine compliance issued
				by and bearing the signature of an authorized inspector of the state of origin,
				certifying that 100% of the regulated articles have been inspected and found to
				be free from brown garden snails.
(3) Regulated articles, other than live plant
				material, originating from regulated areas may also enter Alabama when
				accompanied by a certificate of quarantine compliance issued by and bearing the
				signature of an authorized inspector of the state of origin, certifying that
				such regulated articles have been properly treated with recommended chemicals
				as recommended in the USDA-APHIS-PP&Q Treatment Manual.
(4) Regulated articles from regulated areas
				will be rejected and returned to the shipper if found not to be accompanied by
				a certificate of quarantine compliance, or if found to be infested with the
				brown garden snail. When a rejection is made by the commissioner for brown
				garden snail contamination from an approved nursery or site, that nursery or
				site cannot be certified to ship to Alabama for a minimum of six months. Before
				any shipments are certified after that period, the firm must be inspected by an
				inspector of the state of origin and a letter must be submitted to Alabama
				providing details of how the snail problem has been corrected.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.07 - Interchangeable Use Of Certificates Of Compliance And Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
The use of certificates of quarantine compliance shall not
				  preclude the use of certificates of inspection (tags) as provided for in
Code of Ala. 1975
, §
									2-25-9,
				  where applicable.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.08 - Authority Of Commission To Inspect And Seize

Current through Register Vol. 42, No. 9, June 28, 2024
Under the provisions of
Code of Ala.
				  1975
, §
									2-25-3 above, the commissioner may, after first displaying proper identification, stop
				  and inspect, without a warrant, any person or means of conveyance moving into,
				  within or from the state of Alabama upon probable cause to believe that such
				  means of conveyance or articles are infested with the brown garden snail; and
				  the commissioner is authorized to seize, treat, destroy, or otherwise dispose
				  of articles found to be moving in violation of this quarantine.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-8 - BROWN GARDEN SNAIL QUARANTINE › Section 80-10-8-.09 - Penalty For Violation

Current through Register Vol. 42, No. 9, June 28, 2024
Any person violating the provisions of this quarantine shall
				  be subject to the penalties imposed under the provisions of
Code of
				  Ala. 1975
, §
									2-25-22.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-16;
					 2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To carry out the intent and purpose of Chapter 28 of Title 2
				  of
Code of Ala. 1975
, §§
									2-28-1 through
				  2-28-12,
				  to prevent fraudulent practices in entomological work, pathological work,
				  horticultural work and floricultural work, and tree surgery work, and to govern
				  the qualifications and practicing of persons engaged in such work, the
				  following rules and regulations are hereby approved by the State Board of
				  Agriculture and Industries under authority of
Code of Ala.
				  1975
, §
									2-28-3.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-28-3.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.03 - Persons Required To Secure Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Before any person engages in professional work or services as
				  defined in the chapter or before any person shall solicit such work through
				  advertising or in any other manner, such person shall apply for and obtain an
				  annual permit from the commissioner in accordance with §
									2-28-4 of the chapter. The permit fees shall be as follows:
(1) Persons who engage in professional work
				or services other than structural pest control work shall remit to the
				Department of Agriculture and Industries a permit fee in the amount of $175.00
				for each main office location.
(2)
				Persons who engage in professional work or services defined as structural pest
				control work shall remit to the Department of Agriculture and Industries a
				permit fee in the amount of $175.00 for each main office location, and in
				addition, a fee of $75.00 for each branch office location, $50.00 for each
				suboffice location, and $100.00 for each subcategory of structural pest control
				work to be performed.
(3) All
				permit fees not paid by November 1 or within 31 days from the date on which the
				fee is due, a delinquent penalty of $50.00 shall be added to the permit fee
				due.
Authors:
Charles H. Barnes, John P.
				  Hagood
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.04 - Categories, Examinations, And Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
Before a permit is issued to any person to engage in
				  professional work or services, such person shall pass a written examination
				  prepared by the examining board as created by
Code of Ala.
				  1975
, §
									2-28-2.
				  Categories for examinations and for which permits are to be issued are as
				  follows:
(1) Control of
				Wood-Destroying Organisms. The phase of Structural Pest Control, which includes
				persons who apply measures for the purpose of controlling termites, powder post
				beetles, fungi, and other wood-destroying organisms within, in contact with,
				under and on structures, including adjacent outside areas, by means other than
				fumigation.
(2) Industrial,
				Institutional, and Household Pest Control. The phase of structural pest
				control, other than control of wood-destroying organisms or fumigation pest
				control, which includes persons who apply measures for the purpose of
				controlling pests such as fleas, flies, ticks, ants, roaches, clothes moths,
				rodents, and other pests within, under, or on structures, including adjacent
				areas.
(3) Fumigation Pest Control.
				The phase of structural pest control, which includes persons who apply
				fumigants to one (1) or more rooms in a structure, or to the entire structure,
				or enclosed space, at the desired concentration and for the necessary length of
				time to control rodents and other pests.
(4) Ornamental and Turf Pest Control. This
				category includes persons who apply measures for the purpose of preventing,
				controlling, or eradicating pests of ornamental plants, shade trees (which may
				include nut or fruit trees, if used as ornamental plants or shade trees), and
				turf.
(5) Landscape Horticultural
				and Floricultural Work. This category includes persons engaged in landscaping
				and setting of plants, or for sale of plants for which the seller contracts to
				render future service. Such work shall be subdivided into the following
				subcategories as follows:
(a) Landscape
				Horticulturist. A person who engages in the planning, location and management
				of landscape plant material including such work which involves a design ability
				and proficiency suitable to make a graphic presentation with specifications for
				a landscape planting.
(b) Landscape
				Planter. A person who engages in the actual setting of landscape plants. Such
				person shall have adequate knowledge and ability to perform cultural, pruning,
				and other practices necessary to establish and maintain the landscape
				planting.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.05 - Certification For Structural Pest Control

Current through Register Vol. 42, No. 9, June 28, 2024
Applicants for certification as certified operator or branch
				  supervisor for professional work or services defined as structural pest control
				  work must have a knowledge of the practical and scientific facts underlying the
				  practice of structural pest control and the necessary knowledge and ability to
				  recognize and control those hazardous conditions, which may affect human life
				  and health. Applicants for certification as certified operator or branch
				  supervisor for structural pest control shall be duly permitted to take the
				  examinations for the various subcategories of structural pest control and shall
				  submit to the commissioner evidence of qualifications, which shall include as
				  minimum qualifications one (1) or more years of working experience as an
				  employee or owner-operator in the field of structural pest control for which
				  certification is applied for; or a college degree, which includes instructions
				  in entomology satisfactorily completed; or one (1) or more years training or
				  equivalent training in structural pest control work under educational
				  institutional supervision may be substituted for actual working experience with
				  each year of such training being substituted for one (1) year of actual working
				  experience.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.06 - Certification For Ornamental And Turf Pest Control

Current through Register Vol. 42, No. 9, June 28, 2024
Applicants for certification as supervisor for professional
				  work or services pertaining to ornamental and turf pest control, landscape
				  horticultural and floricultural work and tree surgery shall submit a written
				  statement outlining their training and experience in professional work or
				  services for which examination is requested.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.07 - Submission Of Applications For Examination

Current through Register Vol. 42, No. 9, June 28, 2024
Application for examination shall be submitted on a regular
				  form furnished by the commissioner at least thirty (30) days prior to
				  examination date. Applicant for examination shall be notified at least one week
				  prior to date of the examination as to whether or not applicant's application
				  for examination has been accepted. Examinations will be held on the third
				  Tuesday in March, June, September and December. In the event any of these days
				  fall on a legal holiday, the examination will be given the following day.
				  Special examinations will be given when deemed advisable by the
				  commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.08 - Examination Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The required examination fee of seventy-five dollars ($75.00)
				  per examination shall be paid at the time the examination is given. If
				  applicant fails the examination, the applicant may take the examination again
				  at the next scheduled examination upon the payment of an additional fee of
				  seventy-five dollars ($75.00) per examination.
Authors:
Reginald L. Sorrells, John P.
				  Hagood
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.09 - Issuance Of Certification Card

Current through Register Vol. 42, No. 9, June 28, 2024
When applicant for certification has been examined by the
				  examining board and has met all levels of competency in the type of
				  professional work or services for which he desires to be certified and has
				  complied with all requirements and provisions of the chapter and regulations
				  promulgated thereunder, the commissioner shall issue a certification card
				  identifying the person as supervisor, certified operator, or branch supervisor
				  in the appropriate category of professional work or services for which the
				  person has been examined.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.10 - Supervision Of Offices

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every
				person who engages in professional work or services, other than structural pest
				control work, shall conduct such work from an established place of business
				which shall be referred to as a main office. This person shall be certified by
				the examining board as supervisor and such person shall be responsible for
				supervision of the professional work or service conducted, or this person shall
				have another individual who is a full-time resident employee of such person who
				has been certified as a supervisor and such individual shall be responsible for
				supervision of the professional work or service of the permittee. Where a
				person has more than one separate place of business, each such separate place
				of business shall be under the supervision of an individual certified as
				supervisor. No person who has been certified by the examining board as a
				supervisor shall be assigned or designated as supervisor of the activities of
				more than one place of business.
(2) Persons who engage in professional work
				or services defined as structural pest control work shall conduct such work
				from an established business location which shall be referred to as a main
				office. This person shall be certified by the examining board as being
				qualified as a certified operator and such person shall be responsible for the
				supervision of structural pest control work conducted or this person shall have
				another individual who is a full-time resident employee of such person who has
				been certified as a certified operator and such individual shall be in charge
				of and responsible for such person's structural pest control work. Where a
				person has more than one separate place of business and such place or places of
				business is a branch office, each separate place of business shall be under the
				supervision of an individual who has been certified by the examining board as
				certified operator or branch supervisor. No person having a permit as required
				by the chapter who has been certified by the examining board as certified
				operator or branch supervisor shall be assigned or designated to supervise the
				activities of more than one main office or more than one branch office of the
				permittee.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.11 - Compliance With Chapter 25 Of Title 2, Code of Ala. 1975

Current through Register Vol. 42, No. 9, June 28, 2024
No permit will be issued to a person to practice the
				  professional work or services of landscape horticultural and floricultural
				  work, as defined in Rule
				  80-10-9-.04(5)(b) of these rules, unless the provisions of Chapter 25 of Title 2 of
Code of Ala. 1975
have been complied with relative to
				  nursery dealer certificate and plants being moved and sold under proper
				  certificate tags issued by the commissioner.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.12 - Determination Of Responsibility And Residence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The permittee shall designate a
				supervisor, certified operator, or branch supervisor who shall be responsible
				for each main office, branch office, and suboffice. In order to provide
				adequate supervision of professional work or services performed, the permittee
				shall be responsible for the actions of the supervisor, certified operator and
				branch supervisor and such person's compliance with the chapter and regulations
				promulgated thereunder. The supervisor, certified operator, or branch
				supervisor shall be in charge of and actually participate in the operation of
				the office.
(2) If the residence of
				the supervisor, certified operator or branch supervisor is not within normal
				commuting distance of the office of such permittee, the supervisor, certified
				operator, or branch supervisor shall upon the request of the commissioner
				submit to the commissioner in writing information to show that he is in fact
				supervising the professional work or services of permittee.
(3) It shall be the responsibility of
				permittee to inform the commissioner in writing of any change of location and
				address or the opening or closing of a main office, branch office, or suboffice
				or change in supervisor, certified operator, or branch supervisor at any such
				office within ten (10) days after such change has occurred.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.13 - Marking Of Vehicles

Current through Register Vol. 42, No. 9, June 28, 2024
All vehicles and mobile equipment used by persons while
				  soliciting and/or engaging in professional service work covered by Chapter 28,
				  Title 2,
Code of Ala. 1975
, and these rules shall be
				  marked for easy identification. Printed identification shall include the name
				  of permittee in letters not less than three inches in size on contrasting
				  colored background.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.14 - Pesticide Use Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
All pesticides used in the performance of professional work
				  or service shall be pesticides that have been registered with the EPA and the
				  Alabama Department of Agriculture and Industries and shall be used in a manner
				  consistent with its label and labeling.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.15 - Record-Keeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
A permittee who engages in professional work or services
				  shall keep complete and accurate records of all work performed including copies
				  of contracts, if issued. Records shall be maintained for a period of one (1)
				  year, except for pesticide use records, which shall be kept for a period of one
				  (1) year from last date of treatment or one (1) year following its expiration
				  date, or as required by EPA, and shall include the following:
(1) Name and address of property owner, or
				authorized agent and the name and address of permittee.
(2) Type of professional work or services
				performed.
(3) Date on which the
				professional work was performed.
(4) If applicable, pesticide use records as
				follows:
(a) Name of pesticide used,
(b) Amount of pesticide used, and
(c) Uses to which pesticide was put
				including:
1. Site on which used,
2. Common name(s) pest(s) being controlled,
				and
3. Date of pesticide
				application.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.17 - Rules For Structures Already Under Contract

Current through Register Vol. 42, No. 9, June 28, 2024
Structures already under a contract by a permittee for
				  control of a particular type of wood-destroying organism shall not knowingly be
				  placed under another contract by any other permittee for control of the same
				  type of wood-destroying organism without first obtaining specific written
				  consent in letter form signed by the property owner or his authorized
				  agent.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.18 - Real Estate Transaction Inspection Report - Official Alabama Wood Infestation Inspection Report

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The official Alabama wood infestation
				inspection report, which may be required as a condition of sale financing or
				refinancing of property shall be the written instrument for the purpose of
				determining the visible presence of an active or previous infestation of wood
				destroying organisms in an existing structure. The inspection conducted for
				issuance of this report shall only be performed by a qualified inspector and
				the report shall only be completed and issued by a person certified and
				permitted to engage in the category of structural pest control work involving
				control of wood destroying organisms. The inspection must be conducted so as to
				ensure examination of visible accessible areas in accordance with accepted
				procedures. While such an inspection may reveal wood destroying organisms,
				there are inaccessible areas where concealed infestations and/or damage may not
				be discovered. Inspection of inaccessible areas is not required. Such
				instrument shall carry a guarantee that if an infestation of wood destroying
				organisms from which apparent freedom is certified, is found within ninety (90)
				days from date of issuance, the infested structure(s) shall be treated by the
				licensee, free of charge, subject to the following:
(a) Subterranean Termites
1. Structures which show no evidence of a
				previous treatment or are not known to have been pretreated will receive a full
				minimum adequate treatment pursuant to Rule 80-10-9-20.
2. Structures which show evidence of previous
				treatment will be treated in such manner to adequately control the
				infestation.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.19 - Approved Pesticides For Use By Permitted Persons - Minimum Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pesticides
				approved for use by persons permitted in accordance with these rules will be
				those pesticides registered with the United States Environmental Protection
				Agency and the Alabama Department of Agriculture and Industries and such
				persons shall use all pesticides in a manner consistent with the pesticide
				label and labeling and consistent with Alabama Department of Agriculture and
				Industries rules, notices, and guidelines.
(2) Use of baiting systems for control of
				subterranean termites shall be in accordance with the label and labeling
				requirements of the pesticide product used in the baiting systems and
				consistent with Alabama Department of Agriculture and Industries rules,
				notices, and guidelines. All such baiting systems and pesticide products must
				be registered with the United States Environmental Protection Agency and the
				Alabama Department of Agriculture and Industries.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.21 - Annual Retreatment For Termite Control

Current through Register Vol. 42, No. 9, June 28, 2024
The annual retreatment of a structure under contract for
				  subterranean termite control, after an initial treatment of a structure, is
				  prohibited except under the following conditions:
(a) Visible evidence of a reinfestation of
				subterranean termites; or
(b) Soil
				types or conditions permitting percolation of the pesticide(s) out of the
				treated area; or
(c) Altered
				conditions, including but not limited to construction and excavation, that
				would disrupt the soil barrier in the treated area; or
(d) The structure is not currently under
				contract for subterranean termite service; or
(e) Evidence of the breakdown of the
				pesticide barrier in the soil.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.22 - Requirements For Treatment Of Wood Destroying Beetles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The permittee, certified operator, branch
				supervisor or their authorized representative making the inspection shall be
				responsible for determining the presence or absence of an active infestation of
				wood-destroying beetles before recommending a treatment or selling a service to
				control the infestation. Treatment in the absence of an infestation is not
				recommended.
(2) Minimum adequate
				treatment for control or prevention of wood destroying beetles, including but
				not limited to powder post beetles, wood borers, and old house borers, shall
				include the application of a pesticide registered by the Environmental
				Protection Agency and/or the Alabama Department of Agriculture and Industries,
				in strict accordance with the product's registered directions for
				use.
(3) When wood-destroying
				beetles are present at or below the subfloor level, control measures should be
				applied from beneath using a registered pesticide. If there is evidence to
				indicate or reasonable cause to suspect an active infestation of
				wood-destroying beetles existing above subfloor level, fumigation with a
				registered pesticide is recommended, provided the property owner or his
				authorized agent has been informed of other alternative treatments such as
				removal and replacement of infested wood members or treatment of substructure
				only if it is actively infested.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.23 - Causes For Revocation Or Refusal To Issue Permit Or Certification Card

Current through Register Vol. 42, No. 9, June 28, 2024
Acts in violation of the chapter and rules and regulations
				  thereunder which are grounds for revocation or denial of a permit or
				  certification card shall include, but not be limited to, the following:
(1) Misrepresentations for the purpose of
				defrauding, deceiving or the making of a false or fraudulent statement for the
				purpose of inducing others to act thereon.
(2) The use of methods or materials which are
				not reasonably suitable for the purpose intended.
(3) Failure of the permittee, certified
				operator, branch supervisor, or supervisor to give the commissioner, or his
				authorized representative, upon request, complete information regarding methods
				and materials used or work performed.
(4) To violate any of the provisions of the
				chapter or rules adopted thereunder.
(5) Performing or supervising work in a
				category for which the permittee or certified operator, branch supervisor, or
				supervisor does not hold a permit or certification.
(6) Failure to perform a contract or work in
				accordance with requirements of the chapter and rules adopted
				thereunder.
(7) Failing or refusing
				to keep and maintain records or to make reports as required hereunder or making
				false or fraudulent records or reports.
(8) A conviction in any of the courts of the
				state of a violation of the chapter or rules adopted thereunder.
(9) The use of a pesticide in a manner
				inconsistent with its label and labeling.
(10) Failure or refusal to maintain a bond
				and insurance as required by the chapter.
(11) Failure to have a full-time resident
				employee certified as certified operator, branch supervisor or supervisor.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-28-1,
et seq
.