Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › COMMISSIONER'S OFFICE › Chapter 80-7-1 - RULES FOR CERTIFICATION OF STATE FARMERS MARKETS › Section 80-7-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
				Chapter, the following words shall have the meaning stated below:
(a) Agricultural Production and Practice of
				the Agricultural Arts -- To be involved in and make decisions regarding all
				phases of producing an agricultural product, which includes, but is not limited
				to, planting, growing, fertilizing, irrigating, cultivating, pest control, and
				harvesting.
(b) Alcoholic Beverages
				- AL code §
										28-3-1 Any alcoholic, spirituous, vinous, fermented or other
				alcoholic beverage, or combination of liquors and mixed liquor, a part of which
				is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or
				drinkable liquids, preparations or mixtures intended for beverage purposes,
				which contain one-half of one percent or more of alcohol by volume, and shall
				include liquor, beer and wine.
(c)
				Authority - "Authority" refers to the "Farmers Market Authority" as provided in
				Alabama Code § 2-5 A-1, et seq.
(d) Certified Farmers Market - A market
				certified by the Authority where agricultural products are sold by producers
				directly to consumers. The Authority shall issue a certificate to all farmers
				markets that apply for a certificate, and meet the criteria set forth by the
				Authority. A Certified Farmers Market may be operated by two or more producers,
				by a nonprofit organization, by a local government entity or other
				organization/entity approved by the Authority.
(e) Certified Agricultural Products --
				Agricultural products, which are certified under the jurisdiction of the
				Authority relative to inspection and verification of compliance with the
				provisions of this Chapter, include fresh fruits, nuts, vegetables, shell eggs,
				honey, flowers, nursery stock, livestock products, fish and shellfish produced
				under controlled conditions in waters or ponds located in Alabama.
(f) Certified Farmers Market Certificate - A
				certificate issued by the Authority verifying the market sells only
				agricultural products produced by local farmers directly to consumers. The
				certificate is valid only when bearing the original signatures of the Authority
				and the authorized representative of the Certified Farmers Market.
(g) Commissioner - The person elected as the
				head of the Department of Agriculture and Industries.
(h) Consumer -- A person who purchases and
				receives agricultural products at a Certified Farmers Market.
(i) Director - A person appointed by the
				Commissioner who, under supervision of the Commissioner, serves as director of
				the Farmers Market Authority and administers this Chapter.
(j) Employee -- Any person employed by a
				farmer at a regular salary or wage, on either a full or part time basis. It
				does not include any person who is reselling or whose compensation is primarily
				based on a commission of sales. Notwithstanding the above, an employee of an
				agricultural cooperative organized under the laws of Alabama may sell the
				agricultural products of one of its members in accordance with the provisions
				of this Chapter.
(k) Enforcement
				Officer - An agent of the Department of Agriculture and Industries authorized
				to investigate the entities certified under these rules and regulations in
				order to ensure compliance with these rules and regulations.
(l) Grower representative - The immediate
				family member or employee of a farmer.
(m) Immediate Family -- Parents, children,
				grandparents, or grandchildren of the farmer or a family member regularly
				residing in the farmer's household.
(n) Land Which the Farmer Controls -- Land
				that the farmer farms and owns, rents, leases, or sharecrops, and is registered
				with the Authority and the Alabama Cooperative Extension System or the USDA
				Farm Service Agency.
(o) Locally
				grown - Agricultural products grown within the borders of Alabama or within
				twenty-five (25) miles of the Alabama state border.
(p) Market Manager -- A person or persons
				registered with the Authority empowered to implement the rules, regulations,
				policies, and directives of the governing body of a Certified Farmers
				Market.
(q) Market Rules -- A set
				of written rules or regulations approved by each Certified Farmers Market and
				the Authority. The rules and regulations may be more stringent than established
				state regulations, provided they do not violate or conflict with any state law
				or regulation governing their activities.
(r) Non-certifiable Agricultural Products -
				Non-certifiable agricultural products include all certified agricultural
				products that have been processed.
(s) Nonprofit Organization -- An organization
				which qualifies for nonprofit status for Alabama income tax purposes.
(t) Relish -- a cooked, uncooked or pickled
				sauce usually made with vegetables or fruits and often used as a condiment; can
				be smooth or chunky, sweet or savory and hot or mild, and must have an acidity
				level less than 4.6pH.