reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-9 - PROFESSIONAL SERVICE › Section 80-10-9-.24 - Inspection Of Premises By Commissioner

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner or his authorized agent shall be authorized
				  to examine structures treated by permittee engaged in structural pest control
				  work for the purpose of determining the effectiveness of the treatment
				  performed and if such treatment is ineffective, permittee shall be required to
				  take corrective action upon receipt of written notice from the commissioner or
				  his authorized agent. The permittee shall be required to begin application of
				  remedial treatment or take appropriate action within twenty (20) days following
				  receipt of such written notice. The permittee is required to notify the
				  commissioner or his authorized agent that the structure or structures has
				  (have) been reexamined and retreated, giving the date of such action.
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-.25 - Penalty For Violation Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
Any person found guilty of violating the provisions of these
				  rules shall be subject to the penalty provisions of
Code of Ala.
				  1975
, §
									2-28-11.
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-.26 - Requirements For Treatment Of Wood Destroying Fungi

Current through Register Vol. 42, No. 9, June 28, 2024
Minimum adequate treatment for control or prevention of wood
				  destroying fungi shall include the following:
(1) Installation of a soil cover such as
				polyethylene or other water impervious vapor barrier to at least seventy (70)
				percent and not more than eighty (80) percent of the exposed soil surface in
				the crawl space.
(2) Provide
				adequate ventilation by installation of one (1) standard ventilator (8" x 16")
				for each corner of foundation wall. At least two vents opposite one another are
				recommended for cross ventilation.
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-.27 - Requirements For Treatment Of Dry Wood Termite Control

Current through Register Vol. 42, No. 9, June 28, 2024
Minimum adequate treatment for dry wood termites shall
				  include the application of an approved pesticide in strict accordance with the
				  product's registered directions for use or other such methods or techniques
				  which, to the satisfaction of the commissioner or his agents, have been
				  demonstrated to be effective in controlling this pest.
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-.28 - Financial Responsibility For Insurance Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before a permit is issued or reissued to
				engage in the category of control of Wood-Destroying Organisms, as described by
				Rule
				80-10-9-.04(1);
				Industrial Institutional and Household Pest Control, as described by Rule
				80-10-9-.04(2);
				and Fumigation Pest Control, as described by Rule
				80-10-9-.04(3),
				each applicant shall be required to secure insurance coverage with an insurance
				company qualified to do business in Alabama. Proof of insurance must be
				furnished on a form provided by the Commissioner. The insurance shall insure
				against liability for damage to persons or property occurring as a result of
				applicant's work or service to premises or any other property under applicant's
				care, custody, or control. The minimum insurance coverage shall not be less
				than $150,000.00. In addition, those applicants permitted to engage in Control
				of Wood-Destroying Organisms shall have insurance to include errors and
				omissions on the Official Alabama Wood Infestation Inspection Report, as
				defined by Rule No.
				80-10-9-.02(24),
				and damages caused by wood-destroying organisms. The minimum insurance coverage
				for errors and omissions shall not be less than $100,000.00.
(2) This rule shall take effect and be in
				force from and after January 1, 2002, provided, however, that any insurance
				policy issued before the effective date shall be sufficient for permitting
				purposes until the expiration or anniversary date for such insurance policy. In
				no event, however, shall the aforementioned grace period for insufficient
				insurance coverage exceed twelve (12) months from the effective date.
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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.01 - Determination Of Problem And Establishment Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
(a) It has been determined that the
				destructive pest known as the St. Augustine Grass Decline Virus defined as a
				plant pest under provisions of
Code of Ala. 1975
,
				§
									2-25-1(1),
				has become established in several states and countries. 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.
(b) Due to the above determination, a
				quarantine against the above-defined pest 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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this quarantine, the following
				  definitions shall apply:
(a)
				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, and name and address of consignee.
(b) Commissioner. The Commissioner of
				Agriculture and Industries or his authorized representative.
(c) Infestation. The presence of the St.
				Augustine Grass Decline Virus in any form or fashion or the existence of
				circumstances which make it reasonable to believe that the St. Augustine Grass
				Decline Virus is present.
(d)
				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 St. Augustine Grass Decline
				Virus.
(e) Pest. St. Augustine
				Grass Decline Virus 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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.03 - Articles And Pests Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following pest and articles shall be regulated by this
				  quarantine.
(a) St. Augustine Grass
				Decline Virus in any form or fashion.
(b) All propagating parts except true sexual
				seed, or host plants of St. Augustine Grass Decline Virus, either
				independently, or as weeds or contaminants of nursery stock, turfgrass, or
				pasture grass. Hosts of St. Augustine Grass Decline Virus include but are not
				limited to:
German Foxtail Millett Setaria italica (L.) Beauv.
Pearl Millett Pennisetum glaucum (L.) R. Brown
Proso Millett Panicum miliaceum (L.)
St. Augustine Grass Stenotaphrum secundatum (Walter)
				  Kuntze
Crabgrass Digitaria sanquinalis (L.) Scop.
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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.04 - Areas Regulated

Current through Register Vol. 42, No. 9, June 28, 2024
The following areas are regulated by this quarantine:
(a) All infested areas of Arkansas,
				Louisiana, and Texas.
(b) All
				infested areas of the country of Mexico.
(c) Any other country, state, or additional
				areas within currently quarantined states or country hereafter found to be
				infested with the St. Augustine Grass Decline Virus.
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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.05 - Certificate Of Quarantine Compliance Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
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:
(a) That St. Augustine Grass Decline Virus
				does not occur within two miles of the site in which the regulated articles
				were produced;
(b) The production
				equipment used on a site known to be infested with St. Augustine Grass Decline
				Virus has never been used on the site from which the shipment is being
				shipped;
(c) That the identity of
				the shipment has been maintained and it has not been within two miles of a St.
				Augustine Grass Decline Virus infested site unless said shipment has been
				adequately protected from contamination.
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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.06 - Handling And Shipping Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) 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 St.
				Augustine Grass Decline Virus. If such articles cannot be or are not returned
				to the shipper they shall be handled in accordance with
Code of
				Ala. 1975
, §2-25-17.
(2) 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.
(3) Regulated
				articles may be shipped from regulated areas into Alabama for research
				purposes, provided a permit issued by the commissioner specifying guidelines by
				which such regulated articles must be handled is obtained prior to shipment
				into Alabama.
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 80-10-10 - ST. AUGUSTINE GRASS DECLINE VIRUS QUARANTINE › Section 80-10-10-.07 - Authority Of Commissioner To Stop And Inspect

Current through Register Vol. 42, No. 9, June 28, 2024
The commissioner, after first displaying proper
				  identification, is empowered 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 St. Augustine Grass Decline Virus; 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
, §§
											2-25-1,
et seq
.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-11 - POLLINATION › Section 80-10-11-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Chapter is to establish a mechanism for
				  the pollination of agricultural products by beekeepers to make certain of the
				  continued production of certain agricultural products and for the further
				  control of honeybees and apiaries involved in movement under compliance
				  agreements which provide for rigid inspection including quarantine and
				  destruction as provided by law.
Authors:
Reginald L. Sorrells, Robert J.
				  Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-14-1
et
					 seq
.,
					 2-25-5.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-11 - POLLINATION › Section 80-10-11-.02 - Findings And Determination

Current through Register Vol. 42, No. 9, June 28, 2024
The pollination of certain crops is found and determined to
				  be necessary for successful crop production and yield for the economic benefit
				  and welfare of the people of Alabama. With the continued absence of suitable
				  and comprehensive pollination capabilities by Alabama beekeepers, it is further
				  found and determined that pollination services to and from out-of-state
				  beekeepers would be in the best economic interests of Alabama's agricultural
				  interests, and welfare of the people of Alabama. It is the intent that these
				  rules not conflict with statutory authority but at the same time provide for
				  more effective pollination through rigid inspection, destruction and quarantine
				  as necessary to insure healthy, safe and disease-free bees; and enables the
				  constitutional administration of the statutory provisions by facilitating bee
				  movement in the free flow of commerce.
Authors:
Reginald L. Sorrells, Robert J.
				  Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-14-1
et
					 seq
.,
					 2-25-5.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-11 - POLLINATION › Section 80-10-11-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Compliance
				Agreement - an agreement signed by two entities, which stipulate conditions
				which must be met in order to facilitate the pollination of crops in or outside
				Alabama.
(2) Department - the State
				of Alabama, Department of Agriculture and Industries or its authorized
				representative.
Authors:
Reginald L. Sorrells, Robert J.
				  Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-14-1
et
					 seq
.,
					 2-25-5.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-11 - POLLINATION › Section 80-10-11-.04 - Compliance Agreement Authorized

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In order to facilitate movement of
				colonies of honeybees into and out of Alabama for pollination purposes only a
				Compliance Agreement is hereby authorized. The following conditions for such
				Compliance Agreement shall apply:
(a) A
				Compliance Agreement shall be an agreement between the beekeeper responsible
				for the pollination activities and the Department made and obtained prior to
				entry into, or exit from the state.
(b) A Compliance Agreement shall be
				implemented when appropriate pollination services cannot be supplied by Alabama
				beekeepers as determined by the Department and otherwise only in strict
				adherence to the provisions provided herein.
(c) A Compliance Agreement shall state all
				conditions, which must be met before colonies of honeybees are approved for
				movement into and out of Alabama, to include but not be limited to the
				following: certification as being free from certain pests, pre-treatment of bee
				colonies with approved pesticides, notification of approximate date of entry
				into and exit form Alabama, time period for removal of all colonies of
				honeybees from Alabama, marking of colonies and associated equipment for
				identification purposes including the inspection and marking of all Queen
				Honeybees when leaving and returning to Alabama, with any Queen not bearing the
				marking upon return to be quarantined or subject to destruction as provided by
				law.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-11 - POLLINATION › Section 80-10-11-.06 - Violations

Current through Register Vol. 42, No. 9, June 28, 2024
Violation of these rules shall be treated as provided under
				  Section
				  2-14-15,
Code of Ala. 1975
.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-14-1
et
					 seq
.,
					 2-25-5.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter as set out in
Code of
				  Ala. 1975
, §
									2-19-120,
				  is to secure the suppression or eradication of the boll weevil in cotton. To
				  meet these ends this chapter imposes quarantines and certifies a cotton
				  grower's organization to cooperate with other state and federal
				  agencies.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this chapter, the following definitions
				  shall apply:
(a) FSA. United States
				Department of Agriculture, Farm Service Agency.
(b) Boll Weevil. Anthonomus grandis Boheman
				in any stage of development.
(c)
				Foundation, The Boll Weevil Eradication Foundation of Alabama, Inc. A cotton
				grower's organization certified by the State Board of Agriculture and
				Industries for the purpose of entering into agreements with the State of
				Alabama, other states, federal agencies, and any other agency of Alabama or
				another state as may be necessary to carry out the purposes of this
				Chapter.
(d) Certificate. A
				document issued or authorized by the Commissioner, or regulatory official of
				the state of origin, indicating that a regulated article is not contaminated
				with boll weevils, or has been treated in such a manner as to eliminate boll
				weevils. Such articles may be moved to any destination.
(e) Commissioner. The Commissioner of
				Agriculture and Industries or his designated representative.
(f) Compliance Agreement. A written agreement
				between the Alabama Department of Agriculture and Industries and any person
				engaged in growing, dealing in, or moving regulated articles wherein the latter
				agrees to comply with specified provisions to prevent dissemination of the boll
				weevil.
(g) Elimination Area. That
				portion of Alabama where eradication of the boll weevil is undertaken as an
				objective.
(h) Gin Trash. All
				material produced during the cleaning and ginning of seed cotton, bollies or
				snapped cotton except lint, cottonseed or gin waste.
(i) Grower. Any person who is engaged in and
				has an economic risk in the business of producing or causing to be produced for
				market, cotton.
(j) Infested.
				Actually infested with a boll weevil or so exposed to infestation that it would
				be reasonable to believe that an infestation exists.
(k) Non-Commercial Cotton. Cotton intended
				for purposes other than processing.
(l) Person. Any individual, corporation,
				company, society, association, or other business entity.
(m) Regulated Area. Any county, parish,
				township, city or other civil division or part thereof in any state or
				territory listed in this Chapter as being placed under quarantine, and such
				other areas as may become infested or deemed to present a hazard of spread of
				the boll weevil.
(n) Seed Cotton.
				Cotton as it comes from the field prior to ginning.
(o) Used Cotton Equipment. Any cotton
				equipment previously used to harvest, strip, transport, or process
				cotton.
(p) Waiver. A written
				authorization which exempts an individual from compliance with one or more
				specific requirements of this Chapter.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.03 - Quarantine Imposed

Current through Register Vol. 42, No. 9, June 28, 2024
Based upon the purpose set out in Rule 80-10-12.-.01, it is
				  Hereby Ordered, under the provisions of
Code of Ala.
				  1975
, §
									2-19-125, that a
				  quarantine be imposed upon the articles, pests and areas set out in this
				  chapter, subject to the conditions imposed by this chapter.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.04 - Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
The following areas are hereby regulated:
All states and portions thereof infested with the boll
				  weevil.
Authors:
S. Shawn Sibley, Robert J.
					 Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.05 - Elimination Area (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
S. Shawn Sibley, Robert J.
					 Russell
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.06 - Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
The following articles shall be regulated by this
				  chapter:
(a) The boll weevil,
				Anthonomus grandis Boheman, in any living stage of development.
(b) Gin trash.
(c) Seed cotton.
(d) Cotton plants, bolls.
(e) Used cotton equipment.
(f) Any other products, articles, means of
				conveyance, or any other item whatsoever which is determined by the
				Commissioner to present a hazard in the spread of the boll weevil, and the
				person in possession of such item has been so notified.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.07 - Conditions Governing Movement Of Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificate Required
(a) Regulated articles moving from a
				regulated area into or through the State of Alabama shall be accompanied by a
				certificate issued by an authorized regulatory official in the State where such
				articles originated.
(b) Regulated
				articles originating outside a regulated area may be moved into or through
				Alabama without a certificate, if accompanied by documentation of the point of
				origin, and if, to the satisfaction of the Commissioner, such articles have
				been adequately protected from boll weevil infestation during movement through
				all regulated areas.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.08 - Movement For Scientific Purposes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Regulated articles may be moved for
				experimental or scientific purposes provided a certificate issued by the
				Commissioner specifying guidelines by which such articles must be handled is
				obtained prior to movement.
(2)
				Cotton planted for research purposes may be exempt from assessments.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.09 - Compliance Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As a
				condition of issuance of certificates 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:
(a) That he
				will maintain such safeguards against the establishment and spread of
				infestation,
(b) Comply with such
				conditions as to the maintenance of identity, handling, and subsequent movement
				of such articles, and
(c) The
				cleaning and treatment of means of conveyance and containers used in the
				transportation of such articles as may be required by the
				Commissioner.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.10 - Transportation And Disposal

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner is authorized to stop any person and to
				  inspect any article or means of conveyance moving into, within, or from the
				  state of Alabama when he has reasonable grounds to believe that such items are
				  infested with the boll weevil; and the Commissioner is authorized to seize,
				  treat, destroy, or otherwise dispose of any articles found to be moving in
				  violation of these rules.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.11 - Reporting And Location Of Cotton Acreage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All growers in an elimination area shall
				complete a cotton acreage reporting form by a date established by the
				Foundation during the current growing season at the county FSA office in each
				county in which they produce cotton. Such report shall be filed for each year
				of participation in the program and shall indicate intended acreage to be
				planted during the current growing season.
(2) All growers in an elimination area shall
				also complete a cotton acreage reporting form by a date established by the
				Foundation during the current growing season at the FSA office in each county
				in which they produce cotton. Such report shall be filed for each year of
				participation in the program, and shall indicate the actual FSA certified
				acreage under production during the current growing season.
(3) Non-commercial cotton shall not be
				planted in an elimination area without a waiver issued in writing by the
				Commissioner. Application for a waiver shall be submitted in writing and the
				Commissioner's decision to grant or deny the waiver shall be based on the
				following:
(a) Location of growing
				area,
(b) Pest conditions in the
				growing area,
(c) Size of the
				growing area,
(d) Accessibility of
				the growing area,
(e) Any
				stipulations set forth in a compliance agreement between the applicant and the
				Commissioner that are necessary for the effectuation of the program.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.12 - Program Participation, Fee Payment, Penalties And Credits

Current through Register Vol. 42, No. 9, June 28, 2024
Upon passage of a grower referendum conducted under the
				  provisions of §
									2-19-132,
Code of Ala. 1975
, all cotton growers in an
				  elimination area as set out in Rule No.
				  80-10-12-.05 shall be required to participate in the boll weevil eradication program and to
				  pay an assessment as established by the Foundation. Such assessment shall not
				  exceed the cap established by the most recent referendum.
(1) All fees paid by the grower shall be paid
				at the county FSA office and made payable to the Foundation.
(2) Failure to pay all assessments on or
				before the deadlines established by the Foundation for the current growing
				season will result in a penalty fee of $3.00 per acre. Failure by a grower to
				pay all program costs by the deadlines established by the Foundation shall be a
				violation of this Rule. A grower who fails to pay all assessments, including
				penalties, within thirty days of notice of penalty, must destroy any cotton
				plants growing on his acreage which are subject to the assessment within 10
				days of notification by the Commissioner. Failure to meet the above
				requirements shall be handled as provided in §
									2-19-135,
Code of Ala. 1975
.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.13 - Purchase Of Cotton For Effectuation Of Program Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner may purchase growing cotton when he deems it
				  in the best interest of the program. Purchase price shall be based on the FSA
				  farm established yield for the current year.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.14 - Cotton Stalk Destruction

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All growers in the elimination area shall
				be required to destroy cotton stalks only when so notified in writing by
				program personnel. Such notification shall indicate name and address of the
				producer, fields to be destroyed, the deadline of February 1 for such
				destruction, and must be provided to the grower no later than December 1. Such
				cotton stalk destruction shall consist of shredding or disking to the extent of
				eliminating standing cotton stalks.
(2) Failure to destroy cotton stalks on or
				before February 1 of each year will result in a $3.00 per acre penalty fee. In
				fields with cotton stalks left standing after February, the Commissioner shall
				have authority to hire the destruction of standing stalks and assess the grower
				for actual costs of such destruction in addition to penalty fees. Any grower
				applying for a waiver shall make application in writing to the Commissioner
				stating the conditions under which he requests such a waiver. The decision of
				whether or not to waive this requirement shall be made by the Commissioner and
				notification given to the farm operator within two weeks after receipt of such
				application. Decision shall be based on the following:
(1) Meteorological conditions,
(2) Economic conditions, and
(3) Any other uncontrollable destructive
				forces.
Authors:
Charles H. Barnes, Reginald L.
				  Sorrells
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-12 - BOLL WEEVIL ERADICATION › Section 80-10-12-.15 - Foundation To Establish Policies And Procedural Rules

Current through Register Vol. 42, No. 9, June 28, 2024
In order to fully accommodate the intent of Sections
				  2-19-120,
et
seq
.,
Code of
				  Ala. 1975
, and to the fullest extent provided by law, the
				  Foundation shall be empowered to adopt specific procedural rules to provide for
				  the proper collection of assessments and penalties as closely as possible in
				  the manner in which tax liens are collected by the State against delinquent
				  taxpayers. Such rules shall be known as "Rules Concerning the Collection of
				  Assessments and Penalties Relating to the Eradication of Boll Weevils in
				  Cotton." The rules shall be certified to the Commissioner as adopted by the
				  Board of Directors of the Foundation and be considered by the Board of
				  Agriculture and Industries for the purpose of the promulgation of such rules as
				  official rules of the Board of Agricultural and Industries as provided by law.
				  Amendments shall be certified, adopted and promulgated in like manner, or as
				  otherwise provided by law. The Foundation shall be empowered to establish
				  policies regarding waiver of assessments and penalties and payment of credits
				  and refunds not specifically set out in the referenced procedural rules or this
				  chapter.
Statutory Authority:
Code of Ala.
					 1975
, §
											2-19-128.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-13 - GINSENG RULES › Section 80-10-13-.01 - Registration Fees For Ginseng Dealers, Growers And Collectors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Ginseng
				dealers, growers and collectors, as defined in
Code of Ala.
				1975
, §
									9-13-241, shall
				register with the department on or before August 1 of each year, and shall pay
				an annual registration fee as follows:
(a)
				$100.00 for each dealer,
(b) $50.00
				for each grower,
(c) $10.00 for
				each collector.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-13 - GINSENG RULES › Section 80-10-13-.02 - Record-Keeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Clear
				and legible copies of those records required to be kept by ginseng dealers and
				growers under
Code of Ala. 1975
, §
									9-13-244,
				shall be forwarded to the commissioner on or before August 1, December 1,
				February 1 and May 1 each year. The records due on or before August 1 shall
				accompany the annual registration forms and fee. If there has been no
				transaction during the reporting period, this must also be reported to the
				commissioner.
(2) The failure to
				submit records within the time required by paragraph (1) above shall be
				considered grounds for refusing to issue or recalling a permit, as provided
				under
Code of Ala. 1975
, §
									9-13-249.
				The failure to keep adequate records as required by law or these rules shall
				also be considered grounds for refusing to issue, or recalling a permit.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											9-13-246.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-13 - GINSENG RULES › Section 80-10-13-.03 - Requirements For Exportation Of Ginseng

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All ginseng to be exported shall have its
				weight verified by the commissioner prior to the issuance of an export permit.
				This weight must accurately correspond to the weight of purchases from
				collectors and growers set out in those records required to be submitted to the
				commissioner under Rule
				80-10-13-.02.
(2) No export permit will be issued unless
				there has been full and complete compliance with the provisions of this rule
				and
Code of Ala. 1975
, §
									9-13-245.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											9-13-246.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-13 - GINSENG RULES › Section 80-10-13-.04 - Record Of Harvest Season Collection Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Collectors collecting wild ginseng that
				is to be sold after December 13 must complete a "Record Of Harvest Season
				Collection" report and have said report certified to by the commissioner. This
				certification must be made at or prior to the end of the current harvest
				season.
(2) Dealers shall not
				purchase such wild ginseng unless it is accompanied by this report and the
				dealer shall attach this report to his record of wild ginseng
				purchases.
(3) There is no
				designated harvest season for harvesting cultivated ginseng, although all
				sales, purchases and exportations must be properly documented as required by
				law and these rules.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											9-13-246.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-13 - GINSENG RULES › Section 80-10-13-.05 - Uncertified Ginseng Prohibitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Ginseng dealers shall neither receive,
				purchase or hold ginseng that has not been certified under Alabama law and
				these rules or certified under the laws or rules of other states. Uncertified
				ginseng received from other states must be returned to the state of origin
				within 30 days of receiving same. Upon proper certification by the state of
				origin, the ginseng may then be returned to and held by the Alabama
				dealer.
(2) An export permit will
				be refused for any uncertified ginseng in the dealer's possession for over 30
				days.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											9-13-246.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.01 - Determination Of Problem And Establishment Of Quarantine

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It has been found and determined that
				certain noxious weeds defined as plant pests under provisions of Section
				2-25-1(2)
Code of Ala. 1975
exist in limited areas of Alabama
				and other states, or have the potential to enter Alabama from other states and
				foreign countries. It has also been found and determined that noxious weeds
				would be extremely injurious to Alabama's horticultural, agricultural, aquatic,
				forestry, wildlife, tourism and recreational industries should they be
				introduced or further disperse within the state and that a quarantine against
				said noxious weeds would be in the best interests of the state of
				Alabama.
(2) Due to the above
				findings and determination, a quarantine against noxious weeds defined herein
				is hereby established.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this quarantine, the following
				  definitions shall apply:
(1)
				Administrator - The Plant Pest Administrator of the Alabama Department of
				Agriculture and Industries, Plant Protection Section.
(2) Board - The State of Alabama, Board of
				Agriculture and Industries.
(3)
				Certificate - A document issued by an Inspector to allow the movement of non
				contaminated regulated articles to any destination.
(4) Class A - Any noxious weed on the Federal
				Noxious Weed List, or any noxious weed that is not native to the State, not
				currently known to occur in the State, and poses a serious threat to the
				State.
(5) Class B - Any noxious
				weed that is not native to the State, is of limited distribution statewide, and
				poses a serious threat to the State.
(6) Class C - Any other designated noxious
				weed which poses harm to Alabama's various industries.
(7) Commissioner - The Commissioner of the
				State of Alabama, Department of Agriculture and Industries or his authorized
				representative.
(8) Compliance
				Agreement - A written agreement between a person engaged in growing, handling,
				or moving regulated articles and the State of Alabama, Department of
				Agriculture and Industries, Plant Protection Section, wherein the former agrees
				to comply with the requirements of the compliance agreement.
(9) Infestation - The presence of a noxious
				weed in any stage of development, including but not limited to seed and
				rhizomes the presence of which shall be considered evidence of a noxious
				weed.
(10) Inspector - Any
				authorized employee of the State of Alabama, Department of Agriculture and
				Industries, Plant Protection Section, or any other person authorized by the
				Commissioner to enforce the provisions of this chapter.
(11) Limited Permit - A document issued by an
				Inspector to allow the movement of noncertified regulated articles to a
				specified destination for special handling, utilization, or processing, or for
				treatment.
(12) Noxious Weed - Any
				living stage, including, but not limited to, seeds and productive parts of a
				parasitic or other plant of a kind, or subdivision of a kind, which may be a
				serious agricultural threat in Alabama. Evidence of noxious weed shall be
				considered a public nuisance.
(13)
				Regulated Article - Any noxious weed or any article listed herein which is
				capable of carrying a noxious weed.
(14) Regulated Area - Any state or territory
				or any portion thereof of the United States described herein which is infested
				with a noxious weed.
(15)
				Scientific Permit - A document issued by the Administrator to authorize the
				movement of regulated articles to a specified destination for scientific
				purposes.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.03 - Quarantine Imposed

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the findings and determinations set out in Rule No.
				  80-10-14-.01,
				  it is Hereby Declared under the provisions of Section
				  2-25-4,
Code of Ala. 1975
, that a quarantine be imposed upon
				  the noxious weeds set out in this quarantine, subject to the conditions imposed
				  by this quarantine.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.04 - Noxious Weeds

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this quarantine, the following articles
				  are hereby deemed to be regulated:
(1)
				Class A Noxious Weeds.
(a) All weeds listed in
				7 C.F.R.
				360.200 Federal Noxious Weed List, the same
				of which is hereby incorporated by reference herein including its subsequent
				amendments and editions.
(b) Garlic
				mustard (Alliaria petiolata)
(c)
				Air-potato (Dioscorea bulbifera
(d)
				Old world climbing fern (Lygodium microphyllum)
(e) Mile-a-minute (Polygonum
				perfoliatum)
(f) Coltsfoot
				(Tussilago farfara)
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.05 - Regulated Areas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as
				permitted in
				80-10-14-.07 and
				80-10-14-.08 below, the following is prohibited:
(a) The
				movement of Class A, B, or C noxious weeds or any regulated article infested
				with Class A, B, or C noxious weeds into or within Alabama is
				prohibited.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.06 - Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
The following articles are regulated under the provisions of
				  this Section:
(1) Soil, compost, peat,
				humus, muck, decomposed manure, sand, and gravel, either separately or mixed
				with other articles; except that potting soil commercially prepared and free of
				noxious weed seed, packaged and shipped in original containers is not a
				regulated article;
(2) Nursery
				stock including growing media (houseplants grown in a home and not for sale are
				excluded);
(3) Grass sod;
(4) Used mechanized soil-moving equipment,
				cultivating equipment and harvesting machinery, except when decontaminated and
				cleaned free of soil;
(5) Hay,
				straw, or other material of a similar nature;
(6) Any means of conveyance of any noxious
				weed when such conveyance is determined by the Administrator to present a
				hazard of spread of noxious weeds and the person in possession of such
				conveyance has been so notified.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.07 - Conditions Governing The Movement Of Regulated Articles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A certificate or permit must accompany
				the movement of regulated articles from regulated areas into Alabama.
(2) A certificate or permit must accompany
				the movement of regulated articles from a regulated area in Alabama to a
				non-regulated area in Alabama.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.08 - Issuance Of Certificates And Limited Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates may be issued by an
				inspector for the movement of regulated articles under the following
				conditions:
(a) In the judgment of the
				inspector, they have not been exposed to infestation.
(b) They have been examined and found to be
				free of noxious weeds.
(c) They
				have been treated under the direction of the inspector with approved control
				measures known to be effective under the conditions applied.
(d) They have been grown, produced, stored,
				or handled in such a manner that, in the judgment of the inspector, designated
				noxious weeds would not be transmitted by movement of the article.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-14 - NOXIOUS WEED RULES › Section 80-10-14-.09 - Cancellation Of Certificates And Limited Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Any certificate, limited permit, scientific permit or
				  compliance agreement which has been issued or authorized may be canceled by the
				  Administrator or the inspector if he determines that the holder has not
				  complied with conditions for its use.
Author:
Reginald L. Sorrells
Statutory Authority:
Code of Ala.
					 1975
, §
											2-25-4.