Chapter 1 - Marketing, Grading And Standards Of Farm Products And Fish
- Article 1 Marketing of Agricultural Products.
- Section 2-11-1 Purposes of article
The purposes of this article are to promote, protect and develop the agricultural interests of this state, to regulate and control the marketing of ...
- Section 2-11-2 Marketing in bulk or ungraded
The provisions of this article shall apply only when agricultural products are sold in sacks, bags, crates, boxes, packages or other containers and shall ...
- Section 2-11-3 Powers of commissioner and board
(a) The commissioner shall have the power to: (1) Inspect and determine the grade and condition of agricultural products both at shipping points and ...
- Section 2-11-4 Date standards become effective; information concerning standards
The commissioner shall specify the date or dates when the standards, or any alterations or modifications of such standards, adopted under the provisions of ...
- Section 2-11-5 Federal standards may be adopted; cooperation with federal government
The commissioner, with the advice and counsel of the State Board of Agriculture and Industries, is authorized to fix and promulgate as the official ...
- Section 2-11-6 Designation and licensing of inspectors; duties; fees; unlawful acts
The commissioner is hereby authorized to designate any competent employee or agent of the Department of Agriculture and Industries or United States Department of ...
- Section 2-11-7 Certificate as evidence
A certificate of inspection or classification by a duly designated person issued under this article and all such certificates issued under authority of the ...
- Section 2-11-8 Rules and regulations
The Board of Agriculture and Industries is hereby authorized to promulgate all general rules and regulations necessary and practicable to the carrying out of ...
- Section 2-11-9 Bonds of employees and inspectors
The commissioner may require any employee or agent and any inspector licensed under this article to execute and file with him a good and ...
- Section 2-11-10 Offenses by or concerning employees and inspectors
Any employee or agent employed under this article or any inspector licensed under this article, who shall knowingly inspect or classify improperly any agricultural ...
- Section 2-11-11 Violations of standards; disposition of fines and fees
Whenever standards for agricultural products have been promulgated under this article, no person thereafter shall in any manner class, represent, describe or refer to ...
- Article 2 Marketing of Catfish.
- Section 2-11-30 Short title
This article shall be known as the Alabama Catfish Marketing and Consumer Act of 1975. ...
- Section 2-11-31 Definitions
For the purposes of this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) CAPABLE OF USE ...
- Section 2-11-32 Administration of article
This article shall be administered by the Commissioner of Agriculture and Industries. ...
- Section 2-11-33 Requirements as to advertisement or labeling for sale of catfish products generally
(a) No catfish product shall be offered for direct retail sale for human consumption by a processor, distributor or retailer unless the catfish product ...
- Section 2-11-34 Information to be provided to persons, firms, etc., to whom catfish products distributed or sold for resale by distributors, processors, etc
All distributors, processors or wholesalers of catfish products distributing or selling catfish products shall provide information to each person, firm or corporation to whom ...
- Section 2-11-35 Promulgation, amendment, etc., of rules or regulations by commissioner
(a) The commissioner shall be authorized to promulgate such rules and regulations as may be necessary for the efficient enforcement of this article. (b) ...
- Section 2-11-36 Publication by commissioner of information as to sale, etc., of catfish products
The commissioner shall publish at least biannually, in such form as he may deem proper, information concerning the sale of catfish products, together with ...
- Section 2-11-37 Cooperation, etc., of commissioner with state or federal agencies, etc
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government and private associations in ...
- Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations promulgated thereunder generally
(a) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and ...
- Section 2-11-39 Suspension from sale, seizure and condemnation of catfish sold in violation of provisions of article
Any catfish sold in violation of the provisions of this article shall be subject to suspension from sale, seizure and condemnation pursuant to Article ...
- Section 2-11-40 Penalty for violations of provisions of article for which no civil penalty provided
Any person who violates any provision of this article for which no other civil penalty is provided by this article shall, upon conviction, be ...
- Article 2A
- Section 2-11-45 Weighing procedures; printed ticket
(a) When making a weight determination of farm-raised catfish, the processor shall weigh the catfish as they are unloaded from the live haul truck ...
- Article 3 Grading and Standards of Farm Products and Fish Generally.
- Section 2-11-50 Article not applicable to saltwater fish and seafood
This article shall not apply to saltwater fish and seafoods. ...
- Section 2-11-51 Commissioner authorized to make rules and regulations
The Commissioner of Agriculture and Industries, with the approval of the Board of Agriculture and Industries, may prescribe rules and regulations for carrying out ...
- Section 2-11-52 Establishment and alteration of grades and standards
The commissioner, with the approval of the Board of Agriculture and Industries, may establish and promulgate official grades and standards for farm products and ...
- Section 2-11-53 Adoption of brands, labels or trademarks; application for use; revocation or suspension of right to use
The commissioner, with the approval of the Board of Agriculture and Industries, may determine or design brands or labels for identifying farm products or ...
- Section 2-11-54 Publicity as to establishment of grades, etc
Upon the establishment of the grades or standards, brands or labels, the commissioner shall give due publicity through the newspapers of the state, setting ...
- Section 2-11-55 Unauthorized use of brand or label
After notice of the establishment of grades or standards and the determination of brands and labels, it shall be unlawful to use a brand ...
- Section 2-11-56 Inspection of farm products and fish; certificate
The commissioner or his duly authorized agents may inspect farm products and fish marked, branded or labeled in accordance with official grades or standards ...
- Section 2-11-57 Right of entry; samples; obstructing commissioner, etc., in performance of duty
The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is ...
- Section 2-11-58 Disposition of fees and charges
All fees and charges collected under this article shall be deposited with the State Treasurer to the credit of the Department of Agriculture and ...
- Section 2-11-59 Article cumulative
This article is cumulative and is not intended to replace any similar laws in effect on August 12, 1969. ...
- Article 4 Grading and Standards of Fruits and Vegetables.
- Section 2-11-70 Definitions
For the purpose of this article, the following terms shall have the meanings respectively ascribed to them in this section: (1) PERSON. Any individual, ...
- Section 2-11-71 Declaration of purpose
The purpose of this article is to improve the grade and quality of fresh fruits and vegetables produced in Alabama in order that they ...
- Section 2-11-72 Official grades; issuance of certificates of inspection
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall have authority to adopt and promulgate ...
- Section 2-11-73 Labeling requirements
If fresh fruits and vegetables are sold, offered for sale, transported for sale, shipped, moved or transported in containers and an official grade is ...
- Section 2-11-74 Inspection certificate required
Every grower, packer, shipper, broker, merchant, consignor or other person who places an official grade on containers or labels thereof or tags attached thereto ...
- Section 2-11-75 Compulsory inspection and labeling in certain areas
When the State Board of Agriculture and Industries determines that a better grade and quality of fresh fruits and vegetables will be produced in ...
- Section 2-11-76 Administration and enforcement; powers of commissioner; fees
The Commissioner of Agriculture and Industries, through any designated division of the state Department of Agriculture and Industries, shall be charged with the administration ...
- Section 2-11-77 Rules and regulations
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, shall have power and authority to promulgate ...
- Section 2-11-78 Penalty
Every person who, by himself or his agents, servants or employees, shall violate any of the provisions of this article or rules and regulations ...
- Section 2-11-79 Injunction
In addition to other remedies for the enforcement of the provisions of this article, any person who violates any of the provisions of this ...
- Article 5 Grading and Standards of Grain.
- Section 2-11-90 Commissioner's duties
The commissioner shall put into effect the provisions of this article relative to the grading and inspection of grains for which standards have been ...
- Section 2-11-91 State Board of Agriculture and Industries' powers
The State Board of Agriculture and Industries shall have the power to establish standards and uniform grades for grain, which are hereby defined as ...
- Section 2-11-92 Stations for inspection; grade certificates
The commissioner, with the approval of the Board of Agriculture and Industries, may establish official stations for the inspection of grain at any town ...
- Section 2-11-93 Designation of inspectors to grade grain; interest in grain warehouse or elevator
The commissioner may designate any person as inspector under the provisions of this article who is eligible for a license under the United States ...
- Section 2-11-94 Inspector's certificate of authority
The commissioner shall issue to each employee authorized to grade and inspect grains under this article a certificate showing such authority, which shall be ...
- Section 2-11-95 Sale without certificate of grade
Whenever standards and grades shall have been fixed and established under the provisions of this article for any grain, it shall be unlawful thereafter ...
- Section 2-11-96 Grading by samples
The grade of grain shall be determined at such points as inspectors of the department may be located, by actual sampling, grading and inspection. ...
- Section 2-11-97 Appeal from grading
(a) Any person aggrieved by the grading by any employee of the commissioner of any grain for which federal standards have been adopted by ...
- Section 2-11-98 Publication of grain standards
The commissioner shall cause all grades established under this article to be published in one or more newspapers or farm journals of general circulation ...
- Section 2-11-99 Apparatus for testing and grading
The commissioner shall provide proper sieves, cleaning devices and other apparatus necessary for separating dockage from grain, grain testers, strokers and such other tools ...
- Section 2-11-100 Inspection
The commissioner and his duly authorized employees may enter and inspect any place where grain is stored, shipped, sold or offered for sale for ...
- Section 2-11-101 Disposition of funds and fees
Any funds or fees collected under this article shall accrue to the Agricultural Fund and shall be used for the purpose of defraying the ...
- Section 2-11-102 Applicability of laws relative to inspection, suspension from sale, seizure, etc
The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this article. ...
- Section 2-11-103 Violations of article
Any person violating any of the provisions of this article shall be guilty of a misdemeanor. ...
- Article 6 Labeling and Marketing of Honey Products.
- Section 2-11-120 Definitions
The terms "honey," "liquid or extracted honey," "strained honey" or "pure honey" as used in this article, shall mean the nectar of plants that ...
- Section 2-11-121 Labeling requirements - Generally
(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded ...
- Section 2-11-122 Labeling requirements - Use of "imitation" and "honey."
The word "imitation" shall not be used in the name of a product which is in semblance of honey whether or not it contains ...
- Section 2-11-123 Penalty
Any person convicted of violating the provisions of this article shall be guilty of a Class B misdemeanor as defined in Title 13A. ...
