Chapter 1 - Regulation Of Certain Goods And Products
- Article 1 Brake Fluid.
- Section 8-17-1 Definitions
For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section: (1) COMMISSIONER. The Commissioner ...
- Section 8-17-2 Registration and permit for sale or distribution
(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, ...
- Section 8-17-3 When deemed adulterated
Brake fluid shall be deemed to be adulterated unless it meets the minimum standards for purity and quality as such standards for brake fluid ...
- Section 8-17-4 When deemed misbranded
Brake fluid shall be deemed to be misbranded if its labeling is false or misleading in any particular and if in package form it ...
- Section 8-17-5 Sale, etc., prohibited if misbranded, adulterated or unregistered
No person shall sell, offer for sale, keep for sale, distribute, or add to the hydraulic brake system of motor vehicles in this state ...
- Section 8-17-6 Promulgation of rules and regulations; product to meet standards and other requirements
(a) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to adopt and promulgate ...
- Section 8-17-7 Suspension from sale, seizure and condemnation for violations; sale, etc., prohibited after suspension
(a) Any brake fluid sold, offered for sale, kept for sale, or distributed in this state which is in violation of any of the ...
- Section 8-17-8 Inspection and testing
The Commissioner of Agriculture and Industries and his agents, representatives or employees are authorized to enter any establishment where brake fluid is being sold, ...
- Section 8-17-9 Penalty for violation of article
Any person who shall sell, offer for sale, or distribute any brake fluid in violation of the provisions of this article and any person ...
- Article 2 Caustic or Corrosive Substances.
- Section 8-17-20 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) DANGEROUS CAUSTIC OR ...
- Section 8-17-21 Selling, etc., in misbranded container, etc
No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any ...
- Section 8-17-22 Confiscation, etc., of misbranded containers, etc
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, ...
- Section 8-17-23 Enforcement of article; approval and registration of brands and labels; rules and regulations
The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of ...
- Section 8-17-24 Penalty for violation of article
Any person violating the provisions of this article shall be guilty of a misdemeanor. ...
- Article 3 Linseed Oil.
- Section 8-17-40 Standards for raw linseed oil
No person shall sell or take orders for sale and delivery within the state any raw linseed oil unless the same is wholly obtained ...
- Section 8-17-41 Standards for boiled linseed oil
No person shall sell or take orders for sale and delivery within this state any boiled linseed oil, or so-called "boiled oil," unless the ...
- Section 8-17-42 Labeling of original, unbroken containers
No person shall sell any linseed or flaxseed oil unless it is exposed for sale or sold under its true name and each original ...
- Section 8-17-43 Mixture or substitute to be marked and sold as such
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of linseed oil, raw or ...
- Section 8-17-44 Enforcement of article; suspension from sale, seizure, etc., of illegal products
(a) The Commissioner of Agriculture and Industries through the facilities of the State Department of Agriculture and Industries shall enforce the provisions of this ...
- Section 8-17-45 Penalty for violation of article
Any person violating any provision of this article or the standards established hereunder shall be guilty of a misdemeanor and, upon conviction, shall be ...
- Article 4 Paint.
- Article 5 Petroleum Products.
- Division 1 Standards and Inspections Generally.
- Section 8-17-80 Definitions
(a) The following words and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the ...
- Section 8-17-81 Determination and adoption of standards and methods of tests; promulgation of rules and regulations; effect of prior standards
(a) The Board of Agriculture and Industries shall have the power and duty to: (1) Determine and adopt standards of minimum specifications for petroleum ...
- Section 8-17-82 Labeling requirement
(a) Each person selling, offering for sale, storing or using in the state any petroleum product must label, or cause to be labeled, each ...
- Section 8-17-83 Adulteration or lowering of standard prohibited
It shall be unlawful for any person who has purchased for resale any petroleum product in respect of which an inspection fee has been ...
- Section 8-17-84 Records to be kept; preservation and inspection of records; regulations as to keeping of records
(a) Every person selling, offering for sale, storing or using petroleum products in the state shall keep a record of all such petroleum products ...
- Section 8-17-85 Examinations and tests; permit required for sale, storage, etc.; permit application, fee and expiration date; nonapplicability of section to certain persons
(a) All petroleum products sold, offered for sale, used or stored in the state shall be subject to examination and tests to determine the ...
- Section 8-17-86 Duty to test samples; certificate of tests
(a) It is the duty of the Commissioner of Agriculture and Industries to secure samples of all petroleum products sold, offered for sale, stored ...
- Section 8-17-87 Inspection fee
(a) An inspection fee is hereby imposed and shall be collected in respect of petroleum products sold, offered for sale, stored or used in ...
- Section 8-17-88 Sale, storage, etc., of nonstandard products prohibited; suspension from sale, condemnation, etc., of nonstandard products
(a) No person shall sell, offer for sale, store, use or bring to rest in the state for sale, offer for sale, use or ...
- Section 8-17-89 Notification; duty of importer
(a) It shall be the duty of each person selling in or for importation into the state any petroleum product to notify the Commissioner ...
- Section 8-17-90 Driver of delivery vehicle to deliver invoice
No sale or delivery of petroleum products shall be made from a tank, wagon, motor vehicle or delivery truck unless the driver in charge ...
- Section 8-17-91 Disposition of funds; overpayments
(a) The proceeds from the permit fees, inspection fees and penalties, if any, collected by the Commissioner of Agriculture and Industries pursuant to the ...
- Section 8-17-92 Injunctive relief
(a) In addition to penalty and other enforcement provisions of this division and notwithstanding the existence of another adequate remedy, the circuit court shall ...
- Section 8-17-93 Penalty for violation of division; revocation of permits
(a) Any person who sells, offers for sale, stores, or uses any petroleum product in the state which is below the legal standard, who ...
- Section 8-17-94 Division not applicable to certain shipments
The provisions of this division shall not be construed to be applicable to petroleum products unloaded in any port of the state for shipment ...
- Division 2 Reclaimed or Re-Refined Oil.
- Section 8-17-110 Definitions
The terms "reclaimed oil" or "re-refined oil," as used in this division, shall mean any lubricating oil, lubricant or motor lubricating oil which has ...
- Section 8-17-111 Labeling requirements
It shall be unlawful for any person, firm, corporation or association to sell, offer for sale or keep for sale in the State of ...
- Section 8-17-112 Advertising
It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to ...
- Section 8-17-113 Enforcement of division
The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division. ...
- Section 8-17-114 Suspension from sale, seizure, condemnation, etc., of illegal oil
Any reclaimed or re-refined oil kept for sale or offered for sale in violation of any of the provisions of this division shall be ...
- Section 8-17-115 Nonapplicability of division to certain sales
The provisions of this division shall not apply to oil sold to the consumer on, or from, the premises of a person, firm or ...
- Section 8-17-116 Penalty for violation of division
Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall ...
- Division 3 Fraud and Deceit in Sale.
- Section 8-17-130 Deceit in sales
It shall be unlawful for any person to knowingly sell, or offer for sale, any liquid motor fuel, lubricating oil, grease or other similar ...
- Section 8-17-131 Marking of pumps, etc. — Liquid motor fuels
Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public ...
- Section 8-17-132 Marking of pumps, etc. — Lubricating oils and motor greases
Every person selling or offering for sale, at retail to the public, lubricating oils and motor greases must conspicuously, clearly and distinctly place, and ...
- Section 8-17-133 Removing markings on equipment, etc
It shall be unlawful for any person to intentionally erase, deface, destroy, or otherwise remove without the consent of the owner thereof the name ...
- Section 8-17-134 Selling, etc., under other name; adulteration of products
It shall be unlawful for any person to sell, expose, or offer for sale any liquid motor fuel or any lubricating oil, grease, or ...
- Section 8-17-135 Selling, etc., product other than that indicated
It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device ...
- Section 8-17-136 Changing contents of containers
It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, ...
- Section 8-17-137 Imitation of markings, etc., of others with intent to deceive
It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by ...
- Section 8-17-138 Enforcement of division
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title ...
- Section 8-17-139 Penalty for violation of division
Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor. ...
- Division 4 Posting Price and Tax.
- Section 8-17-150 "Motor vehicle" defined
The term "motor vehicle," as used in this division, shall include all vehicles propelled by any power other than muscular power. ...
- Section 8-17-151 Purpose and construction of division
The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several ...
- Section 8-17-152 Posting of price required
It shall be unlawful for any person, firm, or corporation to sell or offer for sale at retail for use or consumption in any ...
- Section 8-17-153 Jurisdiction in enforcement of division
District courts shall have original and concurrent jurisdiction along with the circuit courts of the state in the enforcement of this division. ...
- Section 8-17-154 Enforcement of division
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title ...
- Section 8-17-155 Penalty for violation of division
A violation of this division shall constitute a misdemeanor, punishable upon conviction as provided by law. ...
- Article 6 Turpentine.
- Section 8-17-170 Standards
(a) No person shall sell or take orders for sale and delivery within this state any "oil of turpentine," or so-called "spirits of turpentine," ...
- Section 8-17-171 Labeling requirements generally
No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken ...
- Section 8-17-172 Sale of substitutes; labeling of tanks, etc., containing substitutes
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with ...
- Section 8-17-173 Enforcement of article; rules and regulations; applicability of Section 2-2-30, et seq
(a) The Commissioner of Agriculture and Industries, through the facilities of the State Department of Agriculture and Industries, shall enforce the provisions of this ...
- Section 8-17-174 Penalty for violation of article
(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement ...
- Article 7 Liquefied Petroleum Gas.
- Section 8-17-190 Weighing or metering of liquefied petroleum gas upon purchase; issuance to purchaser or agent of invoice as to amount purchased
(a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the ...
- Article 8 Fireworks.
- Section 8-17-210 Definitions
As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise: (1) DISTRIBUTOR. ...
- Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before a proximate audience; record of sales; enforcement
(a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within ...
- Section 8-17-212 Assignment and utilization of permit numbers
The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove ...
- Section 8-17-213 Requirement that consignee produce permit, etc., prior to delivery, sale, etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses permit; keeping of records by permit holders
No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit or evidence ...
- Section 8-17-214 Revocation of permit for reasons of purchasing, receiving, etc., illegal fireworks; notice of revocation; refusal to issue new permit to holder whose permit is cancelled or revoked
(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, ...
- Section 8-17-215 Effect of article on state, county, and municipal license requirements; requirement of proof of current and valid sales tax number
The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or ...
- Section 8-17-216 Permits for sale, use, etc., of special fireworks for public displays
(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by ...
- Section 8-17-216.1 Use of pyrotechnics before a proximate audience
(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire ...
- Section 8-17-217 Permissible items of fireworks
(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship ...
- Section 8-17-218 Sale, use, etc., of special Class B commercial type ground salutes
All items of fireworks which exceed the two grain limit of D.O.T. Class C common fireworks as to explosive composition, such items being commonly ...
- Section 8-17-219 Conformance of permissible items to nomenclature of Section 8-17-217; identification marks on items
No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state or ...
- Section 8-17-220 Authorization for retail sales of permissible items of fireworks; items for which special fireworks permit at no time required
Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term "fireworks" shall ...
- Section 8-17-221 Requirements as to storage, display, etc., of fireworks; retail sales of fireworks from tents, motor vehicles, etc.; inspection by State Fire Marshal, etc., of premises where fireworks are to be stored or sold
(a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or ...
- Section 8-17-222 Sale, etc., of fireworks to persons under 16 or intoxicated or irresponsible persons; display of identification by persons purchasing fireworks; acts constituting unlawful explosion or ignition of fireworks
It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by ...
- Section 8-17-223 Applicability of article
Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of ...
- Section 8-17-224 Penalty
Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A ...
- Section 8-17-225 Authority of State Fire Marshal to seize and destroy illegal fireworks
The State Fire Marshal shall seize as contraband any fireworks other than the permitted "Class C Common Fireworks" and related items defined in Section ...
- Section 8-17-226 Effect of article on validity of city ordinances
This article shall in no wise affect the validity of any city ordinance further restricting the sale or use of fireworks. ...
- Article 9 Explosives.
- Section 8-17-240 Short title
This article shall be known and may be cited as the "Alabama Explosives Safety Act of 1993." ...
- Section 8-17-241 Definitions
The following words and phrases used in this article shall have the following meanings: (1) ACT. Alabama Explosives Safety Act of 1993. (2) BLAST. ...
- Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing of equipment
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations ...
- Section 8-17-243 Blaster certification
(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to ...
- Section 8-17-244 Refusing, suspending, revoking, or failing to renew certification
(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be ...
- Section 8-17-245 Office may reissue certification card
In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster ...
- Section 8-17-246 Records to be maintained on blasting operations
(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office. (b) It is unlawful for ...
- Section 8-17-247 Blasting contractor license
(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining ...
- Section 8-17-248 Municipal explosives use permit
(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining ...
- Section 8-17-249 Suspension or revocation of certification or license for certain actions
(a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any ...
- Section 8-17-250 Variations from requirements
(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an ...
- Section 8-17-251 Article preempts certain ordinances and regulations
This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, ...
- Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil action for relief
(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is ...
- Section 8-17-253 Penalty for violation of act
Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, ...
- Section 8-17-254 Exceptions
(a) Nothing contained in this article shall apply to: (1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, ...
- Section 8-17-255 Sums collected to be credited to State Fire Marshal's Fund
All sums received through the payment of fees, the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the ...
- Section 8-17-256 Determining compliance with article
In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, ...
