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title-80•Alabama Administrative Code, Title 80 — Alabama Department of Agriculture and Industries
title-80Alabama Admin. Code Title 80Regulation1 janv. 1900
The following bait advertisement and bait and switch selling practices in the advertising, offering for sale or selling of any wholesale or bulk cut of meat to induce the sale of said meat are prohibited:
(a) Disparaging or degrading any meat advertised or offered for sale by the seller in order to induce the purchase of another product or different grade of the same product or representing that a product is for sale when such representation is used primarily to sell another product;
(b) Substituting any meat or meat product for that ordered by the buyer without the buyer's consent;
(c) Failing to have available a sufficient quantity of any meat product represented as being for sale to meet reasonable anticipated demands, unless the available amount is disclosed fully and conspicuously;
(d) Switching or changing grades or parts or cuts of meats from the kind advertised, offered for sale or purchased;
(e) Advertising a grade intended for steaks and roasts that is below the grade commonly used for that purpose by retail markets in Alabama or if the grade advertised is inappropriate or inadequately designates the grade that should be used for steaks and roasts.
Author: Charles H. Barnes
History
The following pricing and financing practices in the advertising, offering for sale, or selling of any wholesale or bulk cut of meat to induce the sale of said meat are hereby prohibited:
(a) Misrepresenting or failing to disclose fully and conspicuously the terms of any financing arrangement, interest, service charge, credit investigation fee, time-price differential or any other costs.
(b) Misrepresenting the total amount that the buyer will be obligated to pay.
(c) Failing to disclose fully and conspicuously any extra charges for cutting, wrapping, freezing, delivery or other service.
(d) Representing the price of a wholesale cut of meat in any terms other than price per pound. All sides, quarters or cuts of less than quarters must have the price shown thereon by label or otherwise as price per pound. Such price shall not be stated by dollar amount of any installment payment and number or period of such payment. Credit terms, if offered, shall be stated separately. No other figures can be larger than the figures of price per pound. Term figures cannot exceed the size of figures of price per pound.
Author: Charles H. Barnes
History
The following product representations in advertisement, offering for sale, or selling any wholesale or bulk cut of meat to induce the sale of said meat are prohibited:
(a) Misrepresenting the cut, grade, brand, or trade name, or weight or measure of any meat or meat product;
(b) Using the abbreviation U.S. in describing a meat product not graded by the United States Department of Agriculture except that meats may be described by U.S.D.A. Inspected when true and if such product has not been graded, it must be designated and described as Ungraded. Any order of meat or portion thereof returned by the purchaser after sale shall not be resold;
(c) To misrepresent meat or a meat product through the use of any term similar to an official government grade;
(d) Failing to disclose fully and conspicuously the correct government grade for any meat or meat product if such product is represented as having been graded. Any reference to the grade of meat in advertisements made orally or upon invoice of sale must be stamped on the carcass, whether it is a U.S.D.A. term or packing house grade;
(e) Failing to disclose fully and conspicuously that the yield of consumable meat from any wholesale cut will be less than the weight of the wholesale cut;
(f) Misrepresenting the amount of proportion of retail cuts that a wholesale cut of meat will yield;
(g) Failing to furnish the buyer with a written statement of the total net weight of cut and packaged meat delivered. This statement shall state the grade of meat, if graded; if not graded, this fact shall be stated, and the different types of cuts shall be stated separately, such as T-bone steaks, hamburger, chuck roasts, etc. If the meat is weighed with the immediate wrappings, such fact shall be stated. Both the actual net weight of the wholesale cut prior to cutting and trimming and the delivered weight shall be disclosed to the buyer in writing at time of delivery;
(h) Failing to disclose fully and conspicuously whether a quarter of a carcass or a portion of a quarter is the front or hind quarter of any portion thereof removed prior to sale;
(i) Representing any wholesale cut as a half or side unless it consists of a front and hind quarter. Both quarters shall be from the same side of the same animal unless the seller discloses to the buyer fully and conspicuously that they are from different animals as the case may be. Each quarter shall be of the same grade or quality as the other quarters comprising the half or side and the seller shall advise the buyer of the weight of each quarter prior to sale. In selling quarters individually or as part of a half or side, if actual weights are not known or cannot be determined prior to sale, approximate weights may be used; provided, the buyer is informed that the weights are approximate, the weights are so identified on any purchase order or contract, and the seller agrees with the buyer in writing to make a cash refund or grant a credit on delivery for the difference between actual weight and the approximate weight on which the sale was made;
(j) Using the words bundle, sample order, or words of similar import to describe a quantity of meat or poultry unless the seller itemizes each cut and the weight thereof which the buyer will receive;
(k) To advertise or offer free, bonus or extra food combined with or conditioned on the purchase of any other product or service unless such additional food is accurately described including whenever applicable, grade, net weight or measure, and brand or trade name;
(l) Misrepresenting the breed, origin or diet of slaughtered animals or parts thereof offered for sale. Sellers making such claims shall have written records available to substantiate such facts. Any and all bills of sales, invoices or weights tickets shall not bear any statements that are not true and applicable to the place of business using such written statement.
Author: Charles H. Barnes
History
The purpose of this Chapter is to implement the provisions of the commercial feed law as found in the Alabama law.
Author: Charles H. Barnes
History
That regulation entitled Agricultural Chemistry Division Rules and Regulations Governing the Sale of Commercial Feed passed December 19, 1978, effective January 1, 1979, and signed February 2, 1979, is hereby withdrawn and repealed. The following regulation amending the above is submitted in its place.
Author: Charles H. Barnes
History
(1) The official definition of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, as amended by said organization from time to time, are hereby adopted for use in Alabama except as the Commissioner may otherwise designate by this or other regulations.
(2) The following commodities are exempt from the definition of Commercial Feed when unground, when not mixed or intermixed with other materials, when not adulterated within the meaning of Code of Ala. 1975, § 2-21-22, and when not otherwise adulterated as determined by the Commissioner: hay, straw, stover, whole seed, silage, cobs, shucks, hulls, and plain salt. All individual chemical compounds enumerated in Code of Ala. 1975, § 2-21-17(2), shall also be exempt when not intermixed or mixed with other materials and not adulterated as defined by Code of Ala. 1975, § 2-21-22 above.
Author: Charles H. Barnes
History
(1) In addition to the labeling requirements set out under Code of Ala. 1975, § 2-21-20, commercial feed other than customer-formula feed and vertical-integrator feed shall also be labeled with the following information on the principal display panel of the product and in the following general format:
(a) Net weight.
(b) Product name and brand name if any under which the feed is distributed.
(c) Drugs. If drugs are used, the following shall apply:
The word medicated shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name.
The purpose of medication (claim statement).
An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Rule 80-1-5-.06(4).
The required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by Rules 80-1-5-.08 and 80-1-5-.09 appear elsewhere on the label.
(d) The guaranteed analysis of the feed as required under the provisions of Code of Ala. 1975, § 2-21-20(1)(c), includes the following items, unless exempted in this subrule, and in the order listed:
Minimum percentage of crude protein.
Maximum or minimum percentage of equivalent protein from nonprotein nitrogen as required in Rule 80-1-5-.06(5).
Minimum percentage of crude fat.
Maximum percentage of crude fiber.
Minerals, to include in the following order:
(a) minimum and maximum percentages of calcium (Ca),
(b) minimum percentage of phosphorus (P),
(c) minimum and maximum percentages of salt (NaC1), and
(d) other minerals.
Vitamins in such terms as specified in Rule 80-1-5-.06(3).
Total sugars as invert on dried molasses products or products being sold primarily for their sugar content.
(e) Exemptions from guaranteed analysis are allowed as follows:
Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than 61 % of calcium, phosphorus, sodium and chloride.
Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.
Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements and molasses.
(f) Feed ingredients, collective terms for the grouping of feed ingredients, are to be shown as follows:
The name of each ingredient as defined in the official publication of the Association of American Feed Control Officials, common or usual name, or one approved by the Commissioner.
Collective terms for the grouping of feed ingredients as defined in the official definition of feed ingredients published in the official publication of the Association of American Feed Control Officials in lieu of the individual ingredients, provided that:
(i) When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.
(ii) The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state.
(g) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.
(h) The information required in (a) through (g) above, must appear in its entirety on one side of the label or on one side of the container. The information concerning adequate directions shall be displayed in a prominent place on the label or container but not necessarily on the same side as the other information. When the information on use and precautions is placed on a different side of the label or container, it must be referenced on the front side with a statement such as See back of label for directions for use. None of the information required by Rule 80-1-5-.04 shall be subordinated or obscured by other statements or designs.
(2) Customer-formula feed shall be accompanied with the information prescribed in this regulation using labels, invoice, delivery ticket, or other shipping document bearing the following information:
(a) The name and address of the manufacturer.
(b) The name and address of the purchaser.
(c) The date of sale or delivery.
(d) The feed name and brand name if any.
(e) The product name and net weight of each registered commercial feed and each other ingredient used in the mixture.
(f) If a drug-containing product is used:
The purpose of the medication (claim statement).
The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Rule 80-1-5-.06(4).
Author: Charles H. Barnes
History
(1) No person shall manufacture or sell a commercial feed in this state, unless he has filed with the commissioner on forms provided by the commissioner, his name, place of business and location of each manufacturing facility from which feed may be shipped within or into this state.
(2) Such person shall apply for and obtain from the commissioner a license authorizing the sale and distribution of commercial feed. The application for a license shall be accompanied by the fee hereinafter required and shall be on forms furnished by the commissioner which shall contain such information as is necessary for the issuance of the license. All licensing shall expire on December 31 of each year and shall be renewed annually as of January 1 upon the filing of an application and payment of the required license fee. The license fee shall be based upon the number of tons of commercial feed sold or distributed in this state during the preceding twelve-month period ending December 31. The amount of the license fee shall be based upon the following schedule:
TONS SOLD LICENSE FEE
Less than 250 tons .................................. $ 35.00 250 tons or more but less than 500 tons ............. $ 75.00 500 tons or more but less than 1,000 tons ........... $250.00 1,000 tons or more but less than 2,000 tons ......... $300.00
2,000 tons or more but less than 4,000 tons ......... $350.00
4,000 tons or more but less than 8,000 tons ......... $450.00
8,000 tons or more but less than 12,000 tons ........ $550.00
12,000 tons or more but less than 16,000 tons ....... $650.00 More than 16,000 tons ............................... $750.00
(3) An inspection fee at the rate of 25 cents per ton shall be paid on commercial feeds by every person who distributes the commercial feed in this state. Nothing in this rule shall affect the exemptions and exceptions found in § 2-21-24(a), § 2-21-24(a)(1), and § 2-21-24(a)(2) of the Code of Ala. 1975. In the case of a commercial feed distributed in this state in packages or containers of ten pounds or less, an annual fee of $75.00 per product shall be paid the commissioner in lieu of the inspection fee specified herein for individuals or entities whose annual gross sales in Alabama exceed $250,000.00 annually or $1,000,000.00 overall. For individuals or entities whose gross sales are $250,000.00 or less in Alabama and $1,000,000.00 or less overall, the fee paid per product shall be $50.00.
(4) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A mixture labeled Dairy Feed, for example, must be suitable for that purpose.
(5) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.
(6) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name, provided that if any ingredient or combination of ingredients is intended to impact a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.
(7) The word protein shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.
(8) When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word protein, provided that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.
(9) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients.
(10) The word vitamin, or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Rule 80-1-5-.06(3).
(11) The term mineralized shall not be used in the name of a feed except for TRACE MINERALIZED SALT. When so used, the product must contain significant amounts of the trace minerals which are recognized as essential for animal nutrition.
(12) The term meat and meat by-products shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and goats.
History
(1) The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage by weight.
(2) Commercial feeds containing 61 % or more calcium, phosphorus, sodium and chloride shall include in the guaranteed analysis the minimum and maximum percentage of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NaCl). Minerals except salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following:
(a) When the minimum is 5.0% or less, the maximum shall not exceed the minimum by more than one percentage point.
(b) When the minimum is above 5.0%, the maximum shall not exceed the minimum by more than 20% and in no case shall the maximum exceed the minimum by more than five percentage points.
(3) Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, shall be stated on the label in milligrams per pound for feed except that:
(a) Vitamin A, other than precursors of Vitamin A, shall be stated in International or USP units per pound.
(b) Vitamin D, products offered for poultry feeding, shall be stated in International Chick Units per pound.
(c) Vitamin D for other uses shall be stated in International or USP units per pound.
(d) Vitamin E shall be stated in International or USP Units per pound.
(e) Guarantees for vitamin content on the label of a commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds Pyridoxine Hydrochloride, Choline Chloride, Thiamine, and Pantothenic Acid.
(f) Oils and premixes containing Vitamin A or Vitamin D or both may be labeled to show vitamin content in terms of units per gram.
(4) Guarantees for drugs shall be stated in terms of percent by weight, except:
(a) Antibiotics present at less than 2,000 grams per ton (total, of commercial feed) shall be stated in grams per ton of commercial feed.
(b) Antibiotics present at 2,000 or more grams per ton (total, of commercial feed) shall be stated in grams per pound of commercial feed.
(c) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive regulations for certain antibiotics, wherein quantitative guarantees are required regardless of the level or purpose of the antibiotic.
(d) The term milligrams per pound may be used for drugs or antibiotics in those cases where a dosage is given in milligrams in the feeding directions.
(5) Commercial feeds containing any added nonprotein nitrogen shall be labeled as follows:
(a) For ruminants:
Crude Protein, minimum,________% (This includes not more than ________% equivalent protein from nonprotein nitrogen.)
Equivalent Crude Protein from Nonprotein Nitrogen, minimum,________%.
Ingredient sources of nonprotein nitrogen such as Urea, Di-Ammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic nonprotein nitrogen ingredients shall be guaranteed as follows:
Nitrogen, minimum,________.
Equivalent Crude Protein from Nonprotein Nitrogen, minimum,________%.
(6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.
Author: Charles H. Barnes
History
(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall conform to the provisions of Rule 80-1-5-.03 above.
(2) The name of each ingredient must be shown in letters or type of the same size.
(3) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.
(4) The term dehydrated may precede the name of any product that has been artificially dried.
(5) A single ingredient product, which ingredient conforms to an established definition appearing in Rule 80-1-5-.03 is not required to have an ingredient statement.
(6) When the word iodized is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.
Author: Charles H. Barnes
History
(1) Directions for use and precautionary statements on the labeling of all commercial feeds, customer-formula and vertical-integrator feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) shall:
(a) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and
(b) Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act.
(2) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in Rule 80-1-5-.09 below.
(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral or other dietary nutrient or compound.
Author: Charles H. Barnes
History
(1) Urea and other nonprotein nitrogen products are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: CAUTION: USE AS DIRECTED. The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.
(2) On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.
Author: Charles H. Barnes
History
(1) Prior to approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.
(2) Satisfactory evidence of safety and efficacy of a commercial feed may be:
(a) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulations in the C.F.R. Title 21, or as amended, or which are prior sanctioned or generally recognized as safe for such use, or
(b) When the commercial feed is itself a drug as defined in Code of Ala. 1975, § 2-21-17(8), and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360(b) or as amended.
Author: Charles H. Barnes
History
All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than 0 viable prohibited weed seeds per pound and not more than 300 viable restricted weed seeds per pound.
History
For the purpose of defining good manufacturing practices, in the determination of adulteration under the provisions of Code of Ala. 1975, § 2-21-22(8), the following shall apply:
(a) The regulations prescribing good manufacturing practices for medicated feeds as published in the C.F.R., Title 21, Part 225, Sections 225.1 - 225.115 or as amended.
(b) The regulations prescribing good manufacturing practices for medicated premixes as published in C.F.R., Title 21, Part 226, §§226.1 - 226.115 or as amended.
Author: Charles H. Barnes
History
Retention time for samples and portions of samples shall be as follows:
(a) Samples of commercial feeds and feed ingredients found by official analysis to comply with the label guarantee may be disposed of at the conclusion of the analysis.
(b) Samples of commercial feeds and feed ingredients found by official analysis to be deficient from guarantees and subject to penalty or other regulatory action shall be retained for a period of 180 days or until certificate of payment is received or other regulatory action is completed.
Author: Charles H. Barnes
History
(1) A weight tolerance for commercial feed marketed in containers of 25 pounds or less of 3% of the declared weight (adjusted to 12% moisture) shall be allowed before a penalty is assessed.
(2) A weight tolerance for commercial feed marketed in containers of more than 25 pounds, but not more than 100 pounds of 2.5% of the declared weight (adjusted to 12% moisture) shall be allowed before a penalty is assessed.
(3) A weight tolerance for commercial feed marketed in containers of over 100 pounds of .5% of the declared weight (adjusted to 12% moisture) shall be allowed before a penalty is assessed.
Author: Charles H. Barnes
History
When a penalty is assessed under provisions of Code of Ala. 1975, § 2-21-29, of the Law, the Commissioner shall be notified by the guarantor of payments of such penalty to the consumer by one of the following methods:
(a) A certificate of receipt of penalty signed and dated by recipient of the payment.
(b) A photo copy of the negotiated instrument of penalty payment (in check, money order, etc.).
(c) A photo copy of a credit memo on recipient's account endorsed by recipient acknowledging notice of credit to his account.
Author: Charles H. Barnes
History
To prevent the establishment and amplification of Bovine Spongiform Encephalopahty (BSE) in Alabama, the following U.S. Food and Drug Administration regulations are incorporated by reference and shall be enforced by the Alabama Department of Agriculture and Industries:
(1) 21 C.F.R. §589.2000
(2) 21 C.F.R. §589.2001
History
To conduct inspections of animal food manufacturing facilities according to rules established by the Food Safety Modernization Act (FSMA), Animal Feed Regulatory Program Standards (AFRPS) in Alabama, the following U. S. Food and Drug Administration regulations are incorporated by reference and shall be enforced by the Alabama Department of Agriculture and Industries: 21 C.F.R. Part 507, Sections §507.1 - §501.215.
History
The purpose of this Chapter is to implement the provisions for Code of Ala. 1975, Chapter 22 of Title 2, denoted as the Alabama Fertilizer Law of 1969.
Author: Charles H. Barnes
History
Regulations entitled Commercial Fertilizer Regulations by State Board of Agriculture and Industries as Amended - January 13, 1970, adopted October 7, 1969, and effective February 1, 1970, and regulation entitled Commercial Fertilizer Regulation adopted February 6, 1973, and effective March 1, 1973, and Agricultural Chemistry Regulation No. 3 dated September 25, 1980, are withdrawn and repealed. The following Chapter amending the above referenced regulations is submitted in their place.
Author: Charles H. Barnes
History
The materials in commercial fertilizer from which each plant nutrient is derived shall be shown immediately following the name of each material on the label or invoice or other accompanying statement; provided, however, that the above requirement shall not apply to specialty (nonfarm) fertilizers.
Author: Charles H. Barnes
History
(1) Additional plant nutrients other than nitrogen (N) available phosphorus (P205), and soluble potassium (K20), when mentioned or claimed on the label or container shall be guaranteed in the element form. Guarantees or claims for the following secondary plant nutrients and micronutrients only will be accepted as being of value:
ELEMENT
Calcium (Ca) Chlorine (Cl) Manganese (Mn)
Magnesium (Mg) Cobalt (Co) Molybdenum (Mo)
Sulfur (S) Copper (Cu) Sodium (Na)
Boron (B) Iron (Fe) Zinc (Zn)
(2) Any of the above-listed elements which are claimed or guaranteed shall appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus and potassium.
Author: Charles H. Barnes
History
Those persons requesting a license under the provisions of Code of Ala. 1975, § 2-22-8, of the fertilizer law concerning products identified as soil conditioners or soil amendments shall first make application for said license. In conjunction with the license request, all claims made by the applicant concerning plant nutrients, or any other claim, shall be verified by research and experimental data from Auburn University or any other sources acceptable to the Commissioner of Agriculture and Industries.
Author: Charles H. Barnes
History
If any fertilizer sold in this state shall, upon official analysis, prove to be deficient from its guarantee as stated on the bag or other container, or upon the invoice or other accompanying statement if sales are made in bulk or liquid form, penalties shall be assessed as follows:
(a) For a single ingredient fertilizer containing nitrogen (N), available phosphorus (P205) or soluble potassium (K20), when the deficiency exceeds five percent of the guaranteed content, the penalty shall be three times the commercial value of the deficiency.
(b) In a multiple ingredient fertilizer containing two or more of the ingredients, nitrogen (N), available phosphorus (P205) and soluble potassium (K20), when the deficiency of either such ingredient is 10 percent or more of the guaranteed content thereof, the penalty shall be three times the commercial value of the deficiency.
(c) For a multiple ingredient fertilizer containing two or more of the ingredients, nitrogen (N), available phosphorus (P205) and soluble potassium (K20), if the total combined commercial value of these nutrients is found to be deficient in excess of five percent of the total commercial value, the penalty shall be three times the actual value of the deficiency; provided, however, when a multiple ingredient fertilizer is subject to a penalty under both (b) and (c) above, only the larger penalty shall be assessed.
(d) If the content of calcium, magnesium, sulfur, chlorine, sodium, copper, iron, manganese or zinc in mixed fertilizer shall be shown by official analysis to be deficient to the extent of 35 percent or more from the guarantee, the penalty shall be $6.00 per ton, provided that the minimum penalty assessed shall be no less than $25.00.
(e) If the content of boron, molybdenum or cobalt in mixed fertilizers shall be shown by analysis to be deficient from the guarantee to the extent of 50 percent or more, the penalty shall be $6.00 per ton, provided that the minimum penalty assessed shall be no less than $25.00.
Author: Charles H. Barnes
History
(1) Each bag or container used for a pesticide- fertilizer mixture in addition to labeling information required on fertilizer packages by the fertilizer law, and the labeling information required on pesticide packages by the Alabama Economic Poison Law, shall also bear a special caution tag of bright yellow color printed in ink of a contrasting color. This tag shall be headed PESTICIDE-FERTILIZER MIXTURE or words of like import to inform the purchaser of its contents and such tag shall contain the economic poison ingredient statement and the warning or caution statement required by the Alabama Economic Poison Law.
(2) The labeling information required on the special caution tag may be printed on the bag or other container on a bright yellow background in ink of a contrasting color so as to appear on the container in a prominent and conspicuous manner. Package labels so printed in the required color do not require additional yellow caution tags separately attached.
(3) The use of the yellow tag on fertilizer containing no pesticides is not permitted. The printing of the required information concerning pesticides on the reverse side of the fertilizer tag is not permitted.
(4) Invoices accompanying shipments of fertilizer-pesticide mixtures in bulk (dry or liquid) shall have attached thereto a caution tag as required on bagged deliveries, or in lieu thereof this information may be typed or printed on the invoice in a contrasting color.
Author: Charles H. Barnes
History
The definitions for fertilizer materials as approved and adopted by the Association of American Fertilizer Control Officials as presently set forth in official publication No. 22 (1968-69) or as same may hereafter be revised, are hereby adopted and accepted as definitions for materials for the purpose of the administration and enforcement of the Alabama Fertilizer Law.
Author: Charles H. Barnes
History
Every person who sells commercial fertilizer blended with other material at the purchaser's request shall furnish each purchaser with a written and signed statement showing the total weight and grade of all fertilizers and other materials used in the blend, the source of plant nutrients from which the fertilizer materials are derived and the statement shall guarantee that the total number of pounds of nitrogen, phosphorus, potash and other ingredients shown on the invoice of sale are present in the mixture.
Author: Charles H. Barnes
History
When an official sample is taken from fertilizers blended with other material for analysis by the Department of Agriculture and Industries, the information required to be furnished under Rule 80-1-6-.09 above shall be recorded by the sampling inspector on his sample report which information shall be used for computing the actual guarantee of the blended fertilizer product shall be responsible for any deficiencies which occur below the actual guaranteed analysis of the product prior to the addition of the blended material. Penalties shall be assessed as provided in Rule 80-1-6-.06 above.
Author: Charles H. Barnes
History
All official samples of commercial fertilizer taken and analyzed under the provisions of Code of Ala. 1975, § 2-22-11, shall be retained by the Department of Agriculture and Industries as follows:
(a) Samples, after analysis, where no deficiency has been determined, may be discarded at any time following conclusion of the analysis.
(b) Samples, after analysis, where a deficiency has been determined, shall be retained for a period of 180 days. It is found that a period of 180 days is a reasonable time within which to allow the licensee to request a portion of deficient samples, as provided under Code of Ala. 1975, § 2-22-11(e). The above period of 180 days may be extended at the discretion of the Chief of the Agricultural Chemistry Division of the Department of Agriculture and Industries upon the request of any interested party.
Author: Charles H. Barnes
History
(a) An inspection fee of 70¢ per ton for all commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein is hereby imposed as provided under the provisions of Code of Ala. 1975, § 2-22-9.
(b) Before any person may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof, the person shall first procure a fertilizer dealer permit from the commissioner authorizing the person to sell, exchange, or deal therein. The permit shall be issued on payment of a fee of $10.00, and shall expire on September 30 of each year. A permit as required by this section shall be obtained for each separate place of business at which commercial fertilizer is sold or offered for sale to the user thereof. Any person required to procure a license under Section 2-22-5 shall not be required to procure a permit as required by this section as it is the intent of this section that every person who purchases any commercial fertilizer for resale where the fertilizer is not manufactured, mixed, formulated, or labeled by the person is required to obtain the permit required by this section.
History
(a) Before any person sells or offers for sale any commercial fertilizer in this state for use herein or before any person sells such fertilizer for importation into this state for use herein where such person is required to comply with the labeling requirements of Section 2-22-7, such person shall apply for and obtain from the commissioner a license authorizing the sale of commercial fertilizer. The application for a license shall be accompanied by the fee required by subsection (b) of this section and shall be on forms furnished by the Commissioner, which forms shall contain certain information as is necessary for the issuance of the license. All such licenses shall expire on September 30, the end of the fiscal year for which they are issued, and shall be renewed annually as of October 1, upon payment of the required license fee.
(b) The license fee shall be based upon the number of tons of commercial fertilizer sold in or for importation into the state for use therein during the preceding 12-month period which ends on June 30. The amount of the license fee shall be based upon the following schedule:
Tons Sold License Fee Less than 100 tons ................................. $ 30.00 100 tons or more but less than 1,000 tons .......... $ 60.00 1,000 tons or more but less than 5,000 tons ........ $120.00
5,000 tons or more but less than 10,000 tons ....... $175.00
10,000 tons or more but less than 25,000 tons ...... $250.00
25,000 tons or more but less than 50,000 tons ...... $325.00
50,000 tons or more but less than 75,000 tons ...... $400.00
75,000 tons or more but less than 100,000 tons ..... $500.00 100,000 tons or more ............................... $750.00
If the license fee is not paid within a period of 30 days after the due date, a delinquent penalty of 10 percent of the amount due (minimum $10.00) shall be added to the license fee. The license fee due under this subsection and delinquent penalty shall constitute a debt and become the basis of judgment against the person required to obtain the license if not paid by such person as required in this subsection. The amount of the license fee required to be paid by persons not previously selling commercial fertilizer in or for importation into this state shall be the minimum fee of $30.00, which license shall also expire on September 30 following the date of issuance, at which time said license shall be renewable in accordance with subsection (a) of this rule.
History
Subject rules governing the sale and regulation of agricultural liming material, to include standards, penalties and fees.
Author: Charles H. Barnes
History
The purpose of this regulation is to implement the provisions of the Alabama Agricultural Liming Materials Act codified into Code of Ala. 1975, §§ 2-23-1 through 2-23-11.
Author: Charles H. Barnes
History
Regulation entitled Agricultural Chemistry Division Revised Regulations Governing the Sale of Agricultural Liming Materials, adopted on November 6, 1975, December 10, 1975, and December 19, 1978; dated February 2, 1979; and effective January 1, 1979; is hereby withdrawn and repealed. The following regulation amending the above is submitted in its place.
Author: Charles H. Barnes
History
(1) All agricultural liming materials except chalk, offered for sale, sold, or distributed in this state shall be crushed or ground to such a degree of fineness, that not less than 90% of the material will pass a 10 mesh screen, and not less than 50% of the material will pass a 60 mesh screen.
(2) Chalk offered for sale, sold, or distributed in this state as an agricultural liming material shall be processed to such a degree of fineness that not less than 90% of the material will pass a 10 mesh screen.
(3) When an agricultural liming material is mixed with enough water to be applied as a spray and is offered for sale, sold, or distributed in this state, 100% of the material shall pass a 100 mesh screen.
Author: Charles H. Barnes
History
(1) Limestone and Ground Shells used as agricultural liming materials shall have a neutralizing value of not less than 90% calcium carbonate equivalent.
(2) Chalk used as agricultural liming material shall have a neutralizing value of not less than 80% calcium carbonate equivalent.
(3) Burnt lime, hydrated lime, and industrial by-products used as agricultural liming material shall have a calcium carbonate equivalent neutralizing value of not less than that guaranteed on the label of the product.
(4) An agricultural liming material of 100 mesh fineness when mixed with enough water for application as a spray shall have a neutralizing value of not less than 44% calcium carbonate equivalent on a net weight basis.
Author: Charles H. Barnes
History
If any agricultural liming material sold in this state shall upon official analysis prove to be deficient in meeting the screening and neutralizing value standards established herein or shall be deficient from its guarantee, as stated on the bag or other container, the penalties as hereinafter provided shall be assessed against the packer. Where sales are made in bulk form, such monetary penalties shall be assessed against the final responsible seller. The penalties for such deficiencies shall be as follows:
(a) For agricultural liming materials deficient from the minimum calcium carbonate equivalent as guaranteed on the labeling, the penalty shall be $.20 (twenty cents) per ton for each percentage point below the labeling guarantee with a tolerance of 5%. If the deficiency exceeds the 5% tolerance, then the $.20 (twenty cents) per ton penalty shall be assessed upon the total deficiency. See Table (1) Paragraph (g) below.
(b) For agricultural liming material deficient in material passing a 10 mesh screen, the penalty shall be $.20 (twenty cents) per ton for each percentage point below the labeling guarantee. See Table (2), Paragraph (g) below.
(c) For agricultural liming material deficient in material passing a 60 mesh screen, the penalty shall be $.20 (twenty cents) per ton for each percentage point below the label guarantee with a tolerance of 5%. If the deficiency exceeds the 5% tolerance, then the $.20 (twenty cents) per ton penalty shall be assessed upon the total deficiency. See Table (3), Paragraph (g) below.
(d) For an agricultural liming material that is mixed with enough water for application as a spray and is deficient in passing a 100 mesh screen, the penalty shall be $.20 (twenty cents) per ton of solution for each percentage point below the label guarantee. For deficiency in required neutralizing value, the penalty shall be $.20 (twenty cents) per ton of solution for each percentage point below the label guarantee.
(e) For agricultural liming material deficient in the guaranteed magnesium, available phosphorus (P205), soluble potassium (K20), or other elements guaranteed by the label, the penalty shall be $.50 (fifty cents) per ton for each 10% deficient from the guaranteed analysis. See Table (4), Paragraph (7) below.
(f) Agricultural liming material sold in Alabama shall have a moisture content as guaranteed on the label. When the maximum moisture content exceeds the guarantee a penalty of $.20 (twenty cents) per percentage point per ton shall be assessed. See Table (5), Paragraph (g) below.
(g) The following tables are for use as guidelines to determine the amount of penalty assessments:
Table (1)
Calcium Carbonate Guarantee Found Equivalent Penalty Per Ton
90% 85% or higher 0
84-84.9% $1.20
83-83.9% $1.40
82-82.9% $1.60
81-81.9% $1.80
80-80.9% $2.00
79-79.9% $2.20
75-75.9% $3.00
70-70.9% $4.00
Table (2)
Fineness Guarantee 10 Mesh Found Penalty Per Ton
90% 89-89.9% $.20
88-88.9% .40
85-85.9% 1.00
84-84.9% 1.20
80-80.9% 2.00
79-79.9% 2.20
75-75.9% 3.00
Table (3)
Fineness Guarantee 60 Mesh Found Penalty Per Ton
50% 45 or higher 0
44-44.9% $1.20
43-43.9% 1.40
42-42.9% 1.60
41-41.9% 1.80
40-40.9% 2.00
39-39.9% 2.20
35-35.9% 3.00
Table (4)
Element Guarantee - example magnesium
Guarantee Found Penalty Per Ton
6% 5.4-5.9% $.50
4.8-5.39% 1.00
4.2-4.79% 1.50
3.6-4.19% 2.00
3.0-3.59% 2.50
Table (5)
Moisture
Guarantee Found Penalty Per Ton
10% 10.1-11% $.20
11.1-12% .40
12.1-13% .60
13.1-14% .80
14.1-15% 1.00
Author: Charles H. Barnes
History
(1) Penalties assessed under Rule 80-1-7-.06 above shall be paid to the consumer-user by the final responsible seller within 60 days of the date of penalty notice from the Commissioner of Agriculture and Industries where the consumer-user can be located. Payment of penalties shall be verified to the Commissioner by means of a certificate of receipt signed by the consumer-user, a photostatic copy of the instrument of payment, or a copy of any memos of credit extended the consumer-user in satisfaction of the assessed penalty.
(2) When the consumer-user of agricultural liming material who is due a penalty cannot be located, the penalty due shall be paid to the Commissioner of Agriculture and Industries within 60 days of the date of the penalty statement and shall be deposited into the Agricultural Fund of the State Treasury.
Author: Charles H. Barnes
History
An inspection fee of 20 cents per ton of gross sales shall accompany the monthly gross sales report, required under the provisions of Code of Ala. 1975, § 2-23-5, for each manufacturer or distributor of agricultural liming materials, to be sent to the Commissioner of Agriculture and Industries.
History
All official samples of agricultural liming materials obtained and analyzed under the provisions of Code of Ala. 1975, § 2-23-6, shall be retained by the Department of Agriculture and Industries at the conclusion of the analysis, as follows:
(a) Samples, where no deficiency has been determined, may be discarded at any time following the conclusion of the analysis.
(b) Samples, where a deficiency has been determined by analysis, shall be retained for a period of 180 days. This period may be extended for a reasonable period upon the request of any concerned or interested party, timely made, to the Department of Agriculture and Industries.
Author: Charles H. Barnes
History
(1) Every manufacturer or distributor selling agricultural liming materials in this state shall, on or before October 1 of each year or prior to manufacture or distribution of such liming material in the State of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished by the commissioner. Such application shall be accompanied by a permit fee of $150.00 and shall show the brand name under which the liming material will be sold. If more than one type of agricultural liming material is manufactured or distributed or the product or the brand name is changed by a manufacturer or distributor, an additional permit fee of $100.00 for each additional brand or type of liming material must be paid. All permits shall expire on September 30 of the following year. When the manufacturer and the distributor are not the same, only one permit shall be required unless the brand name is changed, as it is hereby intended that the permit fee be paid only once on the same brand.
(2) Applicants for an agricultural liming materials permit shall furnish with the application for the permit a complete and accurate copy of the label to be attached to the container of agricultural liming materials sold in this state, or if sold in bulk, a true copy of the labeling information which is required to be placed on the delivery slip and made available to the vendor in sufficient quantities to accompany each load of liming material sold.
(3) Only one permit will be required unless the Brand name is changed.
History
Any person violating any provisions of this regulation shall be guilty of a misdemeanor as provided under the provisions of Code of Ala. 1975, § 2-23-11.
Author: Charles H. Barnes
History
The purpose of this regulation is to provide requirements and guidelines for the processing of animal waste to be used as commercial feed or as a feed ingredient. This necessarily includes requirements for labeling, processing, testing, keeping of records and licensing.
Author: Charles H. Barnes
History
That regulation entitled Rules and Regulations For Processed Animal Waste For Feed is hereby repealed and withdrawn. The following rules are submitted in its place.
Author: Charles H. Barnes
History
For the purposes of this Chapter, the following definitions shall apply:
(a) Animal Waste means a product composed of excreta, with or without bedding materials and/or animal drugs, and collected from poultry, ruminants, or other domestic farm animals.
(b) Processed, as applied to animal waste, means thermally dehydrated, dry stacked, ensiled, oxidized, chemically treated, microbiologically digested, chemically or physically fractionated or treated by other processes which will enable the product to comply with the standards set forth in this regulation.
(c) Dried Poultry Waste means a processed animal waste product composed primarily of feces from commercial poultry, which has been thermally dehydrated to a moisture content not in excess of 15 percent.
(d) Dried Poultry Litter means a processed animal waste product composed primarily of a processed combination of feces from commercial poultry together with litter that was present in the flock production of poultry, which has been thermally dehydrated to a moisture content not in excess of 15 percent.
(e) Dried Ruminant Waste means a processed animal waste product composed primarily of processed ruminant excreta which has been thermally dehydrated to a moisture content not in excess of 15 percent.
(f) Undried Processed Animal Waste Product means a processed animal waste product composed of excreta, with or without litter, from poultry, ruminants or other domestic farm animal and which contains in excess of 15 percent moisture.
(g) Processed Animal Waste Derivative means a product resulting from the chemical, physical, or microbiological alteration of an animal waste. The product must be free of the original unaltered animal waste except moisture. Examples of processed animal waste derivatives are yeasts, algae or other organisms produced and harvested from nonhuman animal wastes. The specific name of each such animal waste derivative product must be descriptive and be approved by the Commissioner of Agriculture and Industries before being offered for sale.
(h) Person means an individual, corporation, partnership, association, or any business entity.
(i) Commissioner means the Commissioner of Agriculture and Industries or his official representative.
Author: Charles H. Barnes
History
(1) Any person processing for sale, selling or manufacturing for sale any animal waste as defined in this Chapter, to be used as a commercial feed or feed ingredient, must comply with all provisions of the commercial feed law as provided under Code of Ala. 1975, §§ 2-21-17 through 2-21-34, to include licensing.
(2) Any animal waste as defined in this Chapter that is sold or offered for sale as a commercial feed or feed ingredient as defined in Code of Ala. 1975, § 2-21-17(2) and (9) above, shall, along with meeting the requirements of the commercial feed law, also meet all of the requirements of this Chapter.
(3) Any animal waste used as a commercial feed or feed ingredient must be processed as defined in this Chapter prior to its being sold or offered for sale.
Author: Charles H. Barnes
History
(1) All processed animal waste products, before being used as commercial feed or as a feed ingredient, must be in compliance with applicable federal statutes and regulations along with Alabama statutes and regulations.
(2) No pathogenic organisms, drug or pesticide residues, harmful parasites, mycotoxins, heavy metals, or other toxic or deleterious substances above levels permitted by Alabama or Federal Laws and regulations, or which may result in residue in the tissues or by-products of birds or animals at a level determined to be illegal by Alabama or Federal statutes or regulation shall be permitted in any processed animal waste products used as commercial feed or feed ingredient.
(3) All processed animal waste, before being sold or offered for sale as commercial feed or feed ingredient, shall be labeled in compliance with this Chapter and the Alabama commercial feed law and regulations.
(4) Processed animal waste products to be used as commercial feed or feed ingredient shall not contain any commercial extraneous materials such as, but not limited to, metal, glass, nails, or other harmful matter, except as provided in this regulation.
Author: Charles H. Barnes
History
Processed animal waste shall meet the following standards before it may be sold or offered for sale in Alabama as commercial feed or feed ingredient:
(a) Dried poultry waste shall contain as follows:
Not less than 18% crude protein.
Not more than 15% crude fiber.
Not more than 30% ash.
Not more than 1% feathers.
Not more than 15% moisture.
(b) Dried poultry litter shall contain as follows:
Not less than 16% crude protein.
No more than 40% crude fiber.
No more than 40% ash.
No more than 5% feathers.
No more than 15% moisture.
(c) Dried ruminant waste shall contain as follows:
Not less than 12% crude protein.
No more than 40% crude fiber.
No more than 30% ash.
No more than 40% straw, wood shavings or other bedding material acceptable to the Commissioner.
No more than 15% moisture.
(d) No undried processed animal waste product shall contain more than 40% straw, wood shavings or other bedding material acceptable to the Commissioner.
(e) Any product labeled as containing dried animal waste products shall contain no more than 15% moisture.
Author: Charles H. Barnes
History
The label or tag of processed animal waste products intended as feed ingredient or feed containing processed animal waste products shall, in addition to meeting the labeling requirements of commercial feed under Code of Ala. 1975, § 2-21-20, be also labeled as follows:
(a) If the product contains drug residues, then the label shall contain the following statement in boldface type at least one-half as large as any other type appearing on the label: WARNING: THIS PRODUCT CONTAINS DRUG RESIDUES -- DO NOT USE WITHIN 15 DAYS OF SLAUGHTER AND DO NOT USE 15 DAYS PRIOR TO OR DURING THE FOOD PRODUCTION PERIOD OF DAIRY ANIMALS AND LAYING HENS.
(b) If the product contains more than 15 ppm of copper, then the label shall contain the following statement in boldface type at least one-half as large as any other type appearing on the label: WARNING: CONTAINS COPPER -- DO NOT FEED TO SHEEP.
(c) If the product derives one third or more of the guaranteed total crude protein from nonprotein nitrogen sources, the label shall provide adequate directions for the safe use of the product and the precautionary statement: CAUTION: USE ONLY AS DIRECTED. The precautionary statement shall be in boldface type at least one-half as large as other type appearing on the label and placed so as to be conspicuous to the average user under normal conditions of purchase and use.
(d) The guaranteed analysis shall be expressed in the following order:
Minimum protein.
Maximum equivalent crude protein derived from nonprotein nitrogen sources.
Minimum fat.
Maximum fiber.
Maximum ash.
Maximum and minimum calcium (CA).
Minimum phosphorus (P).
Maximum and minimum sodium (Na).
Maximum moisture.
(e) The product name, animal source, and product type, must also be stated on the label.
Author: Charles H. Barnes
History
Any person, selling, processing, or offering to sell any processed animal waste product shall test, by representative sampling and assaying of such samples, in a manner approved by the Commissioner. He shall keep accurate written records of such tests and assaying for such periods as is required by this Chapter. The above testing and assaying which is necessary to ensure that the products are noncontaminated and fall under the requirements of Rule 80-1-8-.06 above, shall be conducted with such regularity as the Commissioner may require to fulfill the requirements of this Chapter and the commercial feed law.
Author: Charles H. Barnes
History
(1) In addition to the requirements for a license under the commercial feed law, a processor of animal waste which is to be used as a commercial feed or feed ingredient shall also submit to the Commissioner a description of the facilities and equipment to be used in the manufacturing and processing of animal waste products for sale, and protocols to be followed during operation. If the Commissioner is satisfied that the facilities, equipment, and protocol are adequate to fulfill the requirements for the product, the Commissioner shall issue the license subject, however, to conditions that it may be summarily suspended whenever the Commissioner has reason to believe that the approved procedures are not being complied with, or that the product may contain unlawful residues as set forth in this Chapter.
(2) Each process approved by the Commissioner shall result in products conforming to standards set forth in this Chapter. The Commissioner may require the use of recording devices and thermometers and a periodic schedule of sampling and laboratory examinations, and such other records as are indicated in Rule 80-1-8-.10 following.
Author: Charles H. Barnes
History
Any person selling or offering to sell processed animal waste products as a commercial feed or feed ingredient shall maintain for a period of not less than three years, books and records setting forth fully the following information:
(a) Each lot of processed animal waste or feed containing processed animal waste shall bear a lot number as an identifying code. All instruments of sales and distribution for their sale shall bear the lot number of the product. The lot number shall be so recorded on all sales and purchase records so that a lot of processed animal waste or feed containing processed animal waste can be quickly and accurately traced from manufacturer or processor to ultimate consumer/user;
(b) All results of inspection, sampling, analysis and assaying required in Rule 80-1-8-.08 above;
(c) Records of all sales of processed animal waste products or feeds and feed ingredients containing processed animal waste products, to anyone.
Author: Charles H. Barnes
History
Failure of any person to perform the testing as specified in this Chapter, or to accurately maintain and display to the Commissioner or upon demand, the records required to be maintained under this Chapter, or any violation of the commercial feed law, shall be grounds for revocation, suspension, annulment, limitation or modification of the processor's license or of any affected processed animal waste product, as may be deemed appropriate by the Commissioner.
Author: Charles H. Barnes
History
The Commissioner may in his discretion for good cause shown, upon written request permit reasonable deviation from this Chapter insofar as the Commissioner finds compliance therewith to be impossible, impracticable or unreasonable. Said deviation shall not be contrary to any law, nor pose any danger to the public. Said allowed deviation shall be in writing and in effect until revoked in writing by the Commissioner.
Author: Charles H. Barnes
History
Pursuant to Code of Ala. 1975, §§4, 67 and 68 of Title 2, the following regulations, standards and requirements are hereby approved and adopted for the sale of commercial feeds where such feeds are offered for sale or sold for the feeding of domestic animals, birds and fish that are normally maintained in or near households as pets:
Author: Charles H. Barnes
History
The regulations as prepared and approved by the Association of American Feed Control Officials (AAFCO) as they appear in the official publication of the Association of American Feed Control Officials, as recommended for adoption to govern the manufacture or distribution of feeds for animals, birds and fish normally maintained or kept in or near a household as pets, are hereby adopted by reference thereto for implementation, administration and enforcement of the sale or offering for sale of commercial feeds in Alabama as regulated by Code of Ala. 1975, §§56-68, Title 2, as amended, the law which governs the sale of commercial feeds, unless such regulations as adopted herein by reference are in conflict with said law or clearly not applicable thereunder.
History
In accordance with the provisions of Act 30 (Regular Session 1959) of the Alabama Legislature relating to the sale of Brake Fluid in Alabama, the following regulation establishing minimum standards and specifications for brake fluid were adopted and to become effective January 1, 1960.
Author: Charles H. Barnes
History
All brake fluid registered for sale or distribution in Alabama shall not be below the minimum standards and specifications established by the Society of Automotive Engineers for heavy-duty type brake fluid No. 70 R-1 which is now in effect, and such standards and specifications shall be the Alabama minimum standards and specifications for brake fluid.
Author: Charles H. Barnes
History
The purpose of this Chapter is to provide a fee schedule to be charged for analysis run on certain products, animals or fowl when the request for analysis originates from private citizens or agencies other than public agencies.
Author: Charles H. Barnes
History
That rule or regulation entitled Charges For Unofficial Laboratory Samples, dated June 30, 1977, and all other rules, regulations, or statements or charges for analysis of unofficial samples are hereby repealed and withdrawn. This Chapter shall neither repeal, nor affect in any manner charges for seed testing under Rule 80-11-2-.06.
Author: Charles H. Barnes
History
(1) Official Sample shall mean a sample obtained under the direction, orders and authority of official representatives of the Department of Agriculture and Industries, or official representatives of any other state, county, city, or federal agency in his official capacity.
(2) Unofficial Sample shall mean a sample for which there has been a request for analysis by private individuals or private corporations or associations.
Author: Charles H. Barnes
History
The provisions of this Chapter shall not affect nor have any bearing on the following laboratories or diagnostic centers operated by and under the control of the Department of Agriculture and Industries.
(a) Seed Laboratory, Montgomery.
(b) Weights and Measures Laboratory, Montgomery.
(c) United States Department of Agriculture, Food Safety and Quality Service Laboratory, Dothan.
(d) Plant Pathology Laboratory, Montgomery.
Author: Charles H. Barnes
History
Fees to be charged for analysis of unofficial samples conducted at the Food, Drug and Petroleum Laboratory in Montgomery and the State Chemical and Pesticide Residue Laboratories in Auburn shall be as follows:
(a) Animal Feed Samples:
For protein, fat and fiber - $25.00 per sample.
For calcium and phosphorus content - $15.00 per element.
For other nutrients or elements - $10.00 per element or nutrient.
For aflatoxin - $35.00 per sample.
(b) Fertilizer Samples:
For nitrogen, phosphorus and potassium - $35.00 per sample.
For sulfur, boron, or biuref - $15.00 per element.
For other minor elements - $10.00 per element
(c) Liming Material Samples:
For fineness determination (#10 and #60 mesh sieve) and calcium carbonate - $20.00 per sample.
For minor element determination - $12.00 per element.
(d) Pesticide samples, including herbicides, fungicides, defoliants, rodenticides and other like chemicals:
For two or more active ingredients - $40.00 per sample.
For one active ingredient - $25.00 per sample.
(e) Gasoline and Gasohol Samples:
For distillation - $10.00 per sample.
For octane rating - $45.00 per sample.
For sedimentation - $10.00 per sample.
For water content - $10.00 per sample.
For complete analysis, to include the four above, according to federal guidelines - $75.00 per sample.
(f) Petroleum product samples other than (e) above, to include brake fluid and antifreeze - $75.00 per sample.
(g) Food samples for human consumption to include all beverages - $35.00 per sample.
(h) Any similar type samples not fitting one of the categories set out in (a) through (g) above - $35.00 per sample.
Author: Charles H. Barnes
History
When the analysis of an unofficial sample reflects noncompliance with the laws and regulations enforceable by the Commissioner of Agriculture and Industries, then all remedies available under said laws and regulations for the protection of the public may be taken by the Commissioner on the basis of the analysis.
Author: Charles H. Barnes
History
(1) The Commissioner of Agriculture and Industries, in his discretion, may impose reasonable fees for analysis conducted at those animal diagnostic laboratories operated by the Department of Agriculture and Industries.
(2) No fees may be charged for analysis at said diagnostic laboratories unless the Commissioner finds that the request for analysis would create a burden upon available funds to operate said laboratories and the laboratory facilities and personnel.
Author: Charles H. Barnes
History
The purpose of this Chapter is to implement and standardize the use of pesticides in Alabama for the benefit of the citizens of this state.
Author: Charles H. Barnes
History
For the purpose of this Chapter and to further implement and expand upon the definitions set out in Code of Ala. 1975, §§ 2-27-2 and 2-27-50, the following definitions should be applicable:
(a) Agricultural Commodity means any plant, or part thereof, animal or animal product, produced by a person (including farmers, ranchers, vineculturists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.
(b) Category(ies) means a unique class of pesticide applicators requiring special skills and knowledge.
(c) Competent means understanding the particular functions associated with pesticide application, the degree of competency being directly related to the nature of the pesticide activity and the associated responsibility.
(d) Commercial Applicator means a permitted applicator (whether or not he is a private applicator with respect to some pesticide uses) who uses or supervises the use of restricted use pesticides and other pesticides for any purpose or on any property other than provided by (f) of this rule. Commercial applicators shall be further identified according to the type of pesticide application engaged in as follows:
Custom Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides as a full-time employee of a licensed custom pesticide applicator. All persons engaged in the custom application of pesticide for remuneration must meet all certification, license/permit and insurance requirements prior to engaging in this work. Such persons who use such equipment and/or labor for hire to service property not owned or leased by them, including service by contract for any government agency property, are specifically not exempted from such requirements under § 2-27-52.
Custodial Pesticide Applicator means a commercial applicator who uses or supervises the use of restricted use pesticides and other pesticides for purposes other than production of an agricultural commodity on property owned, leased, or otherwise in control of another person as part of his permanent salaried employment for the owner, lessor, or person in control of the property.
Governmental Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides as a part of his permanent employment with a federal, state, county or municipal governmental agency in pest control programs conducted by such governmental agencies.
Resident Pesticide Applicator means a permitted applicator who uses or supervises the use of restricted use pesticides and other pesticides for purposes other than the production of an agricultural commodity on property owned or leased by him or to property owned or leased by another person if applied without compensation other than trading personal services with another property owner.
Pesticide Consultant means a permitted applicator who advises, consults or makes recommendations for the application of any pesticides on property owned, leased, or otherwise controlled by another person.
Pest means any insect, rodent, nematode, fungus, weed, or any form or terrestrial or aquatic plant of animal life or virus, bacteria or other microorganisms (except viruses, bacteria or other microorganisms on or in living man or other living animals).
(e) Permitted Applicator means an individual who is permitted by the Commissioner to recommend the use of, use or supervise the use of restricted use pesticides and other pesticides as a commercial or custom applicator.
(f) Private Applicator means a permitted applicator who uses or supervises the use of any pesticide which is classified for restricted use for purpose of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
(g) Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or in living man or other animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
History
(1) The practice of opening a manufacturer's sealed, properly labeled container containing pesticides and selling portions thereof in unlabeled, unsealed containers is expressly prohibited. The sale, offering for sale, or transportation of any pesticide shall be accomplished with the pesticide contained in the manufacturer's original properly labeled, sealed container, except pesticides may be shipped or transported in bulk under certain conditions as hereinafter provided.
(2) Pesticides may be shipped or transported in large bulk containers, provided a label showing the name of the pesticide, together with its chemical name, trade name or common name, if available, the percentage of active ingredient, and the necessary and usual caution statement is attached and affixed to the container in a conspicuous place.
(3) All containers used to transport pesticides in bulk or otherwise, shall conform as closely as possible to the United States Department of Transportation's regulations governing transportation of explosives and other dangerous articles, except that the Commissioner may permit minor deviations where he determines such deviations will not endanger man or the environment. The Commissioner shall inspect and approve all such bulk containers.
(4) Unless approved in writing by the Commissioner, reuse of pesticide containers is prohibited.
(a) The Commissioner may permit reuse of pesticide containers on a case by case basis.
(b) Large bulk containers used for bulk transportation of pesticides as authorized under paragraphs (1) and (2) of this rule shall not be subject to the limited reuse requirement of this rule.
(5) The Alabama Department of Agriculture Board hereby adopts by reference, including subsequent amendments, Part 165 of Title 40: Protection of Environment of the Code of Federal Regulations, entitled "Pesticide Management and Disposal Subpart E - Standards for Pesticide Containment Structures." Copies of this material may be obtained from the U.S. Government Printing Office, Washington, D.C. 20401, at a cost determined by that office.
History
(1) Every pesticide or device which is distributed, sold, offered for sale, delivered, or transported within this state shall be registered with the Alabama Department of Agriculture and Industries in accordance with registration and registration requirements of Code of Ala. 1975, § 2-27-9 as follows:
(a) The biennial registration fee for a pesticide or device shall not exceed six hundred ($600). The fee structure shall be paid according to the following schedule:
All registrations issued to registrants whose names begin with the letters A through M shall expire on December 31,
Upon expiration of registration on December 31, 2013, a registrant whose name begins with letters A through M may renew a registration for a period of two years upon payment of a fee of five hundred dollars ($500) per product. The registration shall be valid until December 31, 2015. The registrant may renew every two years thereafter upon payment of the fee of six hundred dollars ($600).
All registrations issued to registrants whose names begin with the letters N through Z shall expire on December 31, 2012. Upon expiration of the registration on December 31, 2012, a registrant whose name begins with letters N through Z may renew a registration for a period of two years upon payment of a fee of five hundred dollars ($500) per product. The registration shall be valid until December 31, 2014. After December 31, 2014, the registrant may renew a registration for a period of two years upon payment of a fee of six hundred dollars ($600) per product.
Registrants whose names begin with a numeric character shall follow the schedule for the first letter of the alphabetic spelling of said numeric character.
All registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31 of that year.
An application for registration shall be accompanied by a fee of six hundred dollars ($600) for each pesticide except as provided in 80-1-13-.04(1) and 80-1-13-.04(1) (a)2 above."
(b) Registrations fees not paid by March 1, or within 60 days following its due date will pay a delinquency penalty of one hundred fifty dollars ($150) per product in addition to the required registration fee.
(2) Pesticides sold, offered for sale, or distributed in the state under a federal and state experimental pesticide label must be labeled For experimental use only. Such label must be affixed to the container so as to be conspicuous, and easily read under normal conditions and circumstances. Persons selling, distributing, or otherwise supplying pesticides to users for experimental purposes and provide the Commissioner of Agriculture and Industries with the following information:
(a) Quantity of the pesticide to be used in the state.
(b) The chemical and common name of the pesticide.
(c) The established tolerance levels for the pesticide as determined by the federal government where required.
(d) Company personnel responsible for the experiment.
(3) After the conclusion of the experiment, experimental information gathered during the experiment shall be supplied the Commissioner, which will justify the manufacturer's contention that the pesticides were for experimental purposes under actual commercial use conditions.
History
(1) Before a dealer license as required by Code of Ala. 1975, § 2-27-10, is issued to any person who sells, offers for sale or distributes restricted use pesticides to purchasers including farmer users, commercial applicators, pest control operators, and other users of Restricted Use Pesticides, the dealer or person in the dealer's employ shall demonstrate by written examination his ability and knowledge for safely handling, keeping, storing, delivering, transporting, and selling such products. Written examinations for pesticide dealers shall be conducted annually and at other times at various locations throughout the State of Alabama. The examination shall be prepared and assembled by representatives of the School of Agriculture and the Cooperative Extension Service of Auburn University, representatives of the Alabama Department of Agriculture and Industries and/or other agencies knowledgeable in the subject of pesticides. A passing grade must be scored on the written examination before a dealer license will be issued to an applicant. The name of the person passing the examination shall be included on the license as may be issued and that person shall be responsible for the restricted pesticide sales of the licensed dealer. In the event the person who took and passed the examination shall cease to be in the employ of the licensed dealer, the license shall be void until someone else in the employ of the dealer takes and passes the examination. All persons so examined shall take and pass a written examination every three years.
In addition to the above mentioned personal qualifications, the dealer's physical premises such as his warehouse, his sales outlet, other handling and keeping facilities shall be subject to inspection and approval by the Commissioner or his authorized representatives of the Department of Agriculture and Industries.
(2) Each dealer selling Restricted Use Pesticide shall display the dealer license in a conspicuous location in his place of business.
(3) The dealer licensee shall maintain accurate and adequate records on forms supplied by the Commissioner of Sales of Restricted Use Pesticides to be kept in a post binder or similar binder or on a computer database and format approved by the Commissioner. The dealer licensee is required to maintain, for a minimum of three years, sales records of restricted use pesticides. These records shall include:
(a) A log of Restricted Use Pesticide sales which shall show:
The date on which the Restricted Use Pesticide is sold;
The trade name of the Restricted Use Pesticide, and either the common name, if available, or the chemical name;
Name and address of person to whom delivery is made if other than the permit holder;
Restricted Use Pesticide Use Permit Number;
The amount and concentration of product sold; and
Name and address of the Pesticide Use Permit holder.
(b) A copy of the dealer's invoice or other acceptable records of purchase of restricted use pesticides from the dealer.
(4) Sale of Restricted Use Pesticides shall be made only to persons holding a Pesticide Use Permit as required by this rule.
(5) Each person licensed as a dealer of restricted use pesticides shall, on or before January 1 of each year, submit to the Department of Agriculture and Industries payment of a permitting fee of $45.00 for each outlet through which that dealer engages in the sale of restricted use pesticide.
(6) A license issued to any dealer who fails to comply with or violates any of the requirements hereof shall be revoked.
History
Pesticide use permits issued under the provisions of Code of Ala. 1975, § 2-27-11, shall be divided into the following classes:
(a) Private Applicator Permit issued to Private Pesticide Applicators.
(b) Commercial Applicator Permit issued to all users of restricted use pesticides other than Private Applicators. The Commercial Applicator Permits shall be further identified and issued according to the type of pesticide application the permit applicant will engage in. The types of Commercial Applicator Permits shall be as follows:
Custom Pesticide Applicator.
Custodial Pesticide Applicator.
Governmental Pesticide Applicator.
Resident Pesticide Applicator.
Pesticide Consultant.
Author: Charles H. Barnes
History
Applicators to which commercial pesticide applicator permits, defined in Rule 80-1-13-.06 above are issued, shall obtain their permit in one or more of the following categories:
(1) Agricultural Pest Control.
(a) Plant. This category includes commercial applicators using or supervising the use of restricted use pesticides and other pesticides in production of agricultural crops, including without limiting, tobacco, peanuts, cotton, feed grains, soybeans, forage, vegetables, small fruits, tree fruits and nuts, as well as on grasslands and non-crop agricultural lands.
(b) Animal. This category includes commercial applicators using or supervising the use of restricted use and other pesticides on animals, including without limiting, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined.
Doctors of Veterinary Medicine engaged in the business of applying restricted use and other pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large-scale use of restricted use and other pesticides are exempt from this category.
(2) Forest Pest Control. This category includes commercial applicators using or supervising the use of restricted use and other pesticides in forests, forest nurseries, and forest seed-producing areas.
(3) Ornamental and Turf Pest Control. This category includes commercial applicators using or supervising the use of restricted use and other pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers and turf.
(4) Seed Treatment. This category includes commercial applicators using or supervising the use of restricted use and other pesticides on seeds.
(5) Aquatic Pest Control. This category includes commercial applicators using or supervising the use of any restricted use and other pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities in (h) of this rule.
(6) Right-of-way Pest Control. This category includes commercial applications using or supervising the use of restricted use and other pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way or other similar areas.
(7) Industrial, Institutional, Structural and Health-Related Pest Control.
(a) Industrial, Institutional and Household Pest Control. This category includes commercial applicators using or supervising the use of restricted use and other pesticides in, on, or around food-handling establishments, human dwellings, institutions such as schools and hospitals, industrial establishments, including warehouses and grain elevators, other structures and adjacent areas, public or private, for the protection of stored, processed, or manufactured products.
(b) Wood-Destroying Organisms Pest Control. This category includes commercial applicators who apply restricted use and other pesticides for the purpose of preventing, controlling or eradicating termites, various wood borers, fungi, and/or other wood-destroying organisms within, under and on structures, including adjacent outside areas.
(c) Fumigation Pest Control. This category includes commercial applicators who apply restricted use and other fumigants to one or more rooms in a structure or to the entire structure at the desired concentration and for the necessary length of time to control and eradicate pests such as insects, rodents, other vermin and/or organisms.
(8) Public Health Pest Control. This category includes commercial applicators using or supervising the use of restricted use and other pesticides in public health programs for the management and control of pests having medical and public health importance. Usually, applicants in this category are government employees.
(9) Regulatory Pest Control. This commercial applicator category includes state, federal or other governmental employees who use or supervise the use of restricted use and other pesticides in the control of regulated pests.
(10) Demonstration and Research Pest Control. This category includes commercial applicators who demonstrate to the public the proper use and techniques of application of restricted use and other pesticides or supervise such demonstrations.
(a) Demonstration. Applicators in this category shall be persons who demonstrate the proper use and techniques of pesticide application, or supervise such demonstration, as part of their employment including both commercial and educational demonstrations.
(b) Research. Applicators in this category shall be persons who perform or engage in both commercial educational and basic research on pesticides and their uses.
(11) Argicutural Commodity Fumigation. This category includes commercial applicators who apply or supervise the application of restricted use and other fumigants to control pests in raw or processed agricultural commodities.
(12) Aerial applicator will be a subcategory under all above categories where appropriate.
History
(1) Commercial Applicator Permit applicants shall be initially deemed to be competent when the applicant has taken and passed a written examination developed, given and graded by the Examining Board, created and existing under Code of Ala. 1975, § 2-28-2, in the category(ies), set out in Rule 80-1-13-.07 above, the applicant desires permitting. Examination scores shall be valid for (12) months after the date of examination. In addition to any other requirement, the applicant shall pay a permit fee of $45 per category for which the applicant seeks certification or recertification to the Department of Agriculture & Industries for the issuance or the reissuance of any permit.
(2) The written examination for Commercial Applicator Permit shall measure applicant's knowledge and understanding of pesticides and the use of pesticides.
(3) A practical knowledge of the principles and practices of pest control and safe use of pesticides shall be tested and this testing shall be based on examples of problems and situations appropriate to the particular category or subcategory of the applicator's certification and the following areas of competency:
(a) Label and Labeling Comprehension:
The general format and terminology of pesticide labels and labeling,
The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels,
Classification of the product, general or restricted, and
Necessity for use consistent with the label.
(b) Safety Factors including:
Pesticide toxicity and hazard to man and common exposure routes,
Common types and causes of pesticide accidents,
Precautions necessary to guard against injury to applicators and other individuals in or near treated areas,
Need for and use of protective clothing and equipment,
Symptoms of pesticide poisoning,
First aid and other procedures to be followed in case of a pesticide accident, and
Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.
(c) Environment. The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:
Weather and other climatic conditions,
Types of terrain, soil or other substrate,
Presence of fish, wildlife and other nontarget organisms, and
(d) Pests. Factors such as:
Common features of pest organisms and characteristics of damage needed for pest recognition,
Recognition of relevant pests, and
Pest development and biology as it may be relevant to problem identification and control.
(e) Pesticides. Factors such as:
Types of pesticides,
Types of formulations,
Compatibility, synergism, persistence and animal and plant toxicity of the formulations,
Hazards and residues associated with use,
Factors which influence effectiveness or lead to such problems as resistance to pesticides, and
Dilution procedures.
(f) Equipment. Factors including:
Types of equipment and advantages and limitations of each type, and
Uses, maintenance and calibration.
(g) Application Techniques. Factors including:
Methods of procedure used to apply various formulations of pesticides, solutions and gases, together with a knowledge of which technique of application to use in a given situation,
Relationship of discharge and placement of pesticides to proper use, unnecessary use and misuse, and
Prevention of drift and pesticide loss into the environment.
(h) Applicable state and federal laws and regulations.
(4) Should an applicant fail the examination this applicant will not be permitted to be re-examined for a minimum of 10 days, unless such period is waived by Commissioner, from date of previous examination.
History
(1) No person younger than eighteen (18) years old will be permitted as a private applicator. In hardship cases, however, persons under the age of eighteen (18) may be permitted at the discretion of the Commissioner after appropriate consultations with the affected parties or their representatives. The Commissioner shall determine by examination that each applicant for a Restricted Use Pesticide Permit is competent to supervise and/or use restricted use pesticides listed on the application for permit.
(2) Private applicator permit applicants shall be deemed to be competent upon passing a standard examination that covers the following topics:
(a) Recognize common pests to be controlled and damage caused by them.
(b) Read and understand the label and labeling information, including the common name of pesticides he applies; pest(s) to be controlled, timing and methods of application; safety precautions; any preharvest or reentry restrictions; and any specific disposal procedures.
(c) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven and the quantity dispersed in a given period of operation.
(d) Recognize local environmental situations that must be considered during application to avoid contamination.
(e) Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.
(f) Applicable state and federal laws and regulations.
(3) The procedure for obtaining a Private Applicator Permit shall be as follows:
(a) The Alabama Cooperative Extension System's county office(s) is designated to train private pesticide applicators and provide a private pesticide applicator training manual, application for permit, and a test. If applicant is unable to attend training session provided by the Cooperative Extension Service office, applicant shall secure appropriate training manual, permit application, and test to complete at home. Application fees for permit and completed test are to be forwarded to the Alabama Department of Agriculture for issuance of permit.
(b) The applicant or permittee shall submit a permit fee of $25 for each application and reapplication as a Private Applicator.
(c) In the event of an emergency situation of an urgent nature where this procedure cannot be followed, the County Extension Agency may contact the Department of Agriculture and Industries by telephone and request emergency permission for the applicant to purchase a Restricted Use Pesticide. In this initial contact, the extension agent shall indicate that he has provided the person with the emergency training on proper use of the restricted use pesticide needed.
(4) The name and address of the dealer or dealers from whom purchase is to be made shall be given to the Department of Agriculture and Industries. The Department will then contact such dealer or dealers by telephone and give verbal approval to the dealer to sell the needed Restricted Use Pesticide to the individual approved for emergency purchase of the pesticide. The pesticide dealer will then indicate the emergency sale in his record with the name of the person at the Department of Agriculture and Industries who authorized such emergency purchase. Reoccurring emergency requests from the same private applicator shall not be permitted. Emergency permits are not renewable.
History
(1) Private Pesticide Applicator Permits shall be renewable three years from date of issue. The procedure for renewal of a private Pesticide Applicator shall be the same as for the initial permit.
(2) Commercial pesticide applicator permits shall be renewable three years from date of issue and renewal shall be based on a point system where the permit holder must accumulate a total of 30 points in the three-year period according to the following schedule:
(a) Proven attendance at a training session approved by the Commissioner in all the categories in which the permit holder is certified and desires to retain certification.
(b) Accomplishment of reexamination by passing an examination in permit category(ies) previously certified 30 Points.
(c) Commercial pesticide applicator permits shall be renewed for up to one year after the expiration date. For renewal by reexamination, the exam(s) shall be passed within twelve (12) calendar months of permit expiration date. All renewal paperwork and the permit renewal fee must be received by the Department no later than one year after permit expiration date.
(d) Permits that have been expired for more than one year cannot be renewed. A new permit may be obtained as prescribed in Rule No. 80-1-13-.08.
(3) For permit renewal purposes the Commissioner shall subtract up to 15 points per year for proven negligent pesticide application.
History
(1) The Commissioner may deny the initial issuance or renewal of a Private Pesticide Applicator Permit or a Commercial Pesticide Applicator Permit when it is evident that an applicant for such permit has:
(a) Failed to meet the competency standards required for issuance of a permit as provided in Rules 80-1-13-.08 and 80-1-13-.09 of this Chapter,
(b) Caused injury to man and/or the environment by misuse of a pesticide,
(c) Failed or refuses to keep true and accurate records of pesticide application as required by Rule 80-1-13-.14 of this Chapter (private applicators shall not be required to keep records of pesticide application unless required by the labeling of a pesticide),
(d) Violated provisions of the Alabama Pesticide Law or any regulations thereof or Federal Insecticide Fungicide and Rodenticide Act, as amended,
(e) Used any pesticide in a manner inconsistent with its labeling; and all other written, printed or graphic matter accompanying the pesticide or device at any time; or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides,
(f) Failed or refuses to comply with the permit requirements of these regulations including renewal requirements.
(2) The Commissioner may suspend, revoke, or as may be necessary for protection of man and the environment, modify any permit issued under these regulations when it is evident that the permit holder has:
(a) Caused injury to man and the environment by misuse of a pesticide;
(b) Failed or refuses to keep true and accurate records of pesticide application as required by this Chapter, (private applicators shall not be required to keep records of pesticide application unless required by the labeling of a pesticide);
(c) Violated provisions of Code of Ala. 1975, Chapter 27 of Title 2, these rules, or the Federal Insecticide, Fungicide and Rodenticide Act, as amended;
(d) Used any pesticide in a manner inconsistent with its labeling; and all other written, printed, or graphic matter accompanying the pesticide or device at any time; or, to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
(e) Failed or refuses to comply with the permit requirements of these rules including renewal requirements.
Author: Charles H. Barnes
History
(1) The Commissioner may allow a competent person to apply restricted use pesticides when such application is under the direction of a Private or Commercial Pesticide Applicator who holds a valid permit issued by authority of these rules and regulations and such permit authorizes the use of the pesticide being used.
(2) The Private or Commercial Pesticide Applicator Permit holder shall be available to the person under his direct supervision based on the hazard of the pesticide application situation as follows:
(a) In those cases where physical presence of the permit holder is not required, direct supervision may be accomplished by providing the competent person detailed written or oral instructions for the proper application of the pesticide and instructions or provisions for contacting the permit holder in the event he is needed, or
(b) More hazardous pesticide application situations or the labeling of the pesticide may require the physical presence of the permit holder to supervise the application of a restricted use pesticide by a nonpermitted applicator, and in such cases, the permit holder shall be physically present.
Author: Charles H. Barnes
History
(1) To assure himself that all applicable provisions of the pesticide law and these rules are being complied with, that all pesticides are being mixed, formulated, used, and disposed of in accordance with the pesticide's labeling, that all records required are being maintained, and that pesticides are not being used in a manner that would unreasonably harm man or the environment, the Commissioner or his authorized agent may enter at reasonable times onto a pesticide user's premises during periods of pesticide application or normal business hours whichever condition applies to the situation. During such entry the Commissioner or his agent may examine and copy any and all records required by these rules; sample and analyze all pesticides diluted ready for application, or ready for dilution for application and observe the techniques of application as may be necessary to evaluate such techniques in terms of the labeling of the pesticide being applied.
(2) One sample shall be taken by inspection personnel from each formulated batch of pesticides found in trade channels and the batch number and other identifying information on the container shall be shown on the inspection report prepared by the inspector of the Department of Agriculture and Industries.
(a) Each sample shall be taken from the container by the use of an instrument that will obtain a fair and representative mixture of the entire container. The pesticide container shall be resealed as necessary by the inspector after the sample is taken.
(b) Each sample from a pesticide in powder or dust form shall be a minimum of four ounces and each liquid sample shall be a minimum of two ounces.
(c) For samples taken from sealed containers the manufacturer, as shown by label registration, shall be notified of the results of the sample analysis and a copy thereof shall be obtained.
(3) Samples disclosing any violations shall be retained for a period of 180 days from date the deficiency is reported. Samples disclosing no violation may be discarded as soon as the analysis has been completed.
(4) All samples shall be analyzed by methods adopted by the Association of Official Analytical Chemists (AOAC), if such a method has been approved.
(a) In absence of AOAC method those analytical methods prescribed by the Commissioner shall be used.
(b) If no reliable method is available to the Commissioner, it shall be the responsibility of the manufacturer to supply a method of analysis along with the registration application.
(5) For samples taken from manufacturer's sealed container, the allowable deviation from guaranteed analysis shall be as follows:
Percent Guarantee Allowable Deviation Percent of Guarantee
.01 to 10% 10%
10.01 to 100% 5%
Author: Charles H. Barnes
History
(1) Private Applicators shall not be required to keep books and records unless required by the labeling of the pesticides.
(2) All commercial pesticide permit holders shall keep for a period of not less than three years books and records which shall accurately and truthfully show for each and every application of a restricted use and other pesticides the following:
(a) The Environmental Protection Agency registration number of the pesticide used,
(b) The amount of the pesticide used,
(c) The uses to which the pesticide was put including:
The crop or site on which used,
The pest being controlled,
The rate of pesticide application,
The location of each application, and
The date and time of the pesticide application.
History
To prevent conflict between requirements of the Federal Insecticide Fungicide and Rodenticide Act as amended and rules and regulations promulgated thereunder and these rules and regulations, the Commissioner shall classify as restricted use pesticides under these rules all pesticides classified as restricted use pesticides by the Administrator of Environmental Protection Agency. In addition the Commissioner may classify as restricted use pesticides any pesticides classified by the Administrator of EPA as general use should the Commissioner consider such restricted classification necessary to protect man and the environment from unreasonable adverse effects from the general use of that pesticide in Alabama.
Author: Charles H. Barnes
History
(1) When a pesticide, pesticide container or device is found to be deficient or otherwise in violation of the state pesticide laws or rules and regulations promulgated thereunder, the Commissioner of Agriculture and Industries or others under his direction shall issue a stop sale, stop use, hold or suspension from sale order. The material, container or device to which such an order is directed shall be branded not for sale or use until further notice. Such orders shall be issued in accordance with Code of Ala. 1975, § 2-2-30.
(2) It shall be the responsibility of the manufacturer of pesticides that have been found to deviate from the guaranteed analysis in excess of that allowed by regulation to return such pesticide to the manufacturer or formulator within 30 days following receipt of the violation report from the Department of Agriculture and Industries.
(3) The manufacturer shall advise the Department of Agriculture and Industries of the date on which the violative material is picked up.
(4) The manufacturer shall then advise the Department of Agriculture and Industries, Agricultural Chemistry Section, in writing within six months after the material is returned to the plant as to what disposition was made of such material.
(5) Failure to comply with these requirements, if proven, may constitute grounds for refusing registration of the product.
Author: Charles H. Barnes
History
(1) As provided under the provisions of Code of Ala. 1975, § 2-27-5, bona fide public or private research institutions or agencies are exempt from the provisions of the pesticide law or this Chapter. This exemption is also extended to the manufacturer, user or shipper of a pesticide for bona fide experimental use only, except that an experimental label must be affixed to the containers of the pesticide and provided that the manufacturer or shipper obtains a permit as prescribed below.
(2) The permit required under the provisions of § 2-27-5(3) above for manufacturers and shippers of pesticides for bona fide experimental use only shall not be required when experiments require the use of less than 10 pounds of technical pesticide or less than five acres in area at one location. When the above criteria cannot be met the application for this specialized permit shall contain the following information:
(a) Name or code number and amount of the pesticide to be used,
(b) Name of the person or persons supervising work,
(c) Location of experimental project,
(d) Crops or other objects on which it will be used,
(e) Certification that edible crops, animals or their products from the experimental use will not enter trade channels, and
(f) Agreement to provide the Commissioner with a report of results of the experiment.
Author: Charles H. Barnes
History
The penalty for violation, if proven, of this Chapter shall be as provided under the provisions of Code of Ala. 1975, § 2-27-16.
Author: Charles H. Barnes
History
In accordance with the provisions of Code of Ala. 1975, § 2-27-50 through § 2-27-63, which regulates the custom application of pesticides by aircraft and ground equipment, the following regulations relating thereto are hereby approved and adopted by the State Board of Agriculture and Industries for the administration and enforcement of said Act.
Author: Marise Mims Sandidge
History
For the purpose of this chapter the following words and phrases shall have the meaning ascribed to them in this Rule and as ascribed by Code of Ala. 1975, § 2-27-50 through § 2-27-63.
(1) Application equipment: the entire mechanism required to dispense pesticides but shall not include the mechanism of the carrying vehicle.
(2) Applicant: any individual, firm, partnership, corporation, association or other legal entity or organization making application for a license to engage in the business of custom application of pesticides as defined under provisions of this Act.
(3) Agricultural Aircraft Operation: the operation of an aircraft for the purpose of dispensing any pesticide directly affecting agriculture, horticulture, forest preservation, or for any other pest control operation.
(4) Adverse Effect: personal injury, damage to personal property, damage to real property, damage to the environment or any combination of these.
(5) Drift: the drifting or movement of a pesticide by air currents or diffusion onto property beyond the boundaries of the target area to be treated with pesticide.
(6) Emergency: an occurrence which can impair public health, safety or result in injury, damage, or loss of life and which calls for immediate action. An emergency may be minor or of such magnitude as to create a disaster.
(7) Environment: water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these.
(8) Pilot: the person in control of the aircraft during the application of a pesticide.
(9) Target Area: intended site of pesticide application.
(10) Calibration of Equipment: adjustment of application equipment in order to control the rate of dispersal and droplet or particle size of a pesticide dispersed by the equipment.
(11) Competent: proficiency in the performance of the particular functions associated with pesticide application, the degree of competence being directly related to the nature of the activity and the associated responsibility.
(12) Direct Supervision: the act or process whereby the application of a pesticide is made by a competent person acting under the restrictions and control of a Supervisor who is available if and when needed, even though such Supervisor is not physically present at the time and place the pesticide is applied.
(13) Decal: an identification symbol to be affixed to equipment used in custom pesticide operation(s) signifying that requirements of law have been met.
(14) Full-Time Employee: any person employed full time by a licensee with the exception of clerical, janitorial, office maintenance employees or those employees performing work completely disassociated with the custom application of pesticides.
(15) Hazard: a probability that a given pesticide or the use of a pesticide will have adverse effects on man or the environment in a given situation, the relative likelihood of danger or ill effects being dependent on a number of interrelated factors present at any given time.
(16) Label: the written, printed, or graphic matter on, or attached to the pesticide or immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide.
(17) Licensee: any individual, firm, partnership, corporation, association, or other legal entity or organization which holds a valid license issued under the provisions of this Act to engage in the business of custom application of pesticides.
(18) License: a document issued by the Commissioner authorizing the practice of custom application of pesticide(s) utilizing the equipment indicated thereon.
(19) Supervisor: an individual who is permitted by the Commissioner to recommend the use of, use, or supervise the use of pesticides for persons engaged in the custom application of pesticides.
(20) Non-Target Organisms: an organism exposed or potentially exposed to a pesticide other than the pest(s) the applicator intends to control.
(21) Place of Business: any location in Alabama where licensee maintains records, receives orders, holds financial transactions and generally engages in business activities. A Place of Business may or may not be identified by street address.
(22) Pesticide Management Area: an area designated by the Commissioner with approval of the Board, in which commercial pesticide application shall be prohibited or limited as to pesticide(s) and/or method(s) of application.
(23) Pesticide Overspray: the application of a pesticide onto property beyond the boundaries of the target area which is caused by the failure to control the direct flow of the pesticide or by a failure to control the application equipment in surrounding conditions of use and application in a manner which fails to confine the pesticide to the target area.
Author: Marise Mims Sandidge
History
Supervisors shall be classified according to the type of pesticide application performed. Supervisor certification cards and Custom Pesticide Applicator Licenses shall be issued in accordance with the following categories and subcategories providing the applicant for same has met the requirements for qualifications of each:
(1) Category I Demonstration Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides for the purpose of demonstrating to the public the proper use and techniques of application of pesticides excluding compounds and formulations used in basic research for the sole purpose of obtaining experimental data or research information and not used for the immediate purpose of controlling pests or preventing damage to plants, animals or other materials caused by pests.
(2) Category II Agricultural Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides in production of agricultural crops including, but not limited to, tobacco, peanuts, cotton, feed grains, soybeans, forage, vegetables, small fruits, tree fruits, nuts, and non-crop agricultural lands.
(3) Category III Forest Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides in forests, forest nurseries, and forest seed producing areas.
(4) Category IV Right-Of-Way Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides in the maintenance of public roads, electric power lines, pipelines, railroad rights-of-way and other similar rights-of-way areas.
(5) Category V Aquatic Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides which are purposefully applied to standing or running water, excluding Licensees and Supervisors engaged in public health-related activities included in subrule (6) of this rule.
(6) Category VI Public Health Pest Control. This category includes Licensees and Supervisors who use or supervise the use of pesticides in public health programs for the management and control of pests having medical and public health importance.
Author: Marise Mims Sandidge
History
(1) Applicant for Supervisor in one or more of the categories given in Rule No. 80-1-14-.03 of these Rules must submit statements in writing as to training and experience in handling and application of pesticides.
The minimum requirement for an applicant shall be: working under the supervision of a Supervisor for a minimum period of twelve (12) calendar months during a period of actual pesticide application. A minimum of three (3) calendar months of this time must be spent as acting assistant to a Supervisor.
This shall not apply to applicants that meet the requirements of Code of Ala. 1975, § 2-27-55, as it applies to reciprocal licenses.
(2) Applicant for Supervisor in one or more of the categories in Rule No. 80-1-14-.03 shall take a written examination to demonstrate competency in that category. Beginning October 1, 2004, each application and reapplication for written examination shall be accompanied by an examination fee of $75 by the applicant.
Should an applicant fail the examination this applicant will not be permitted to be re-examined for a minimum of 10 days from date of previous examination.
(3) To continue certification, a Supervisor shall show proof in a manner prescribed by the Commissioner of attending a refresher course on pesticides and pesticide application approved by the Commissioner. Such refresher course shall be attended within twelve (12) calendar months prior to application for renewal of Supervisor certification.
In lieu of a refresher course, a Supervisor may choose to be re-examined for continuance of certification.
History
(1) An applicant for a license shall have each place of business he/she operates in Alabama under the direct supervision of a Supervisor. The Supervisor so named for each place of business shall be responsible for licensee's custom pesticide application administered through that assigned place of business and for that assigned place of business only.
(2) An applicant for a license may either be listed as Supervisor or (s)he may designate a full-time employee as Supervisor to be in charge of and responsible for applicant's custom application of pesticide(s).
(3) The Commissioner shall be notified in writing as to the exact location of each place of business operated by applicant.
(4) It shall be the responsibility of Licensee to inform the Commissioner in writing of any change of location and address or change in Supervisor at any location of business within ten (10) days after such change has occurred.
(5) Upon certification that applicant for a license has met all requirements Code of Ala. 1975, § 2-27-53, the Commissioner shall issue applicant a license. Each license issued shall:
(a) Show each place of business operated by licensee and the name of the Supervisor in charge;
(b) List by decal number, all equipment maintained at each place of business;
(c) State any limitations or prohibitions on pesticide use imposed on licensee in accordance with Code of Ala. 1975, § 2-27-53(c);
(d) Remit to the Department of Agriculture and Industries before January 1 of each year a licensing fee in the amount of $100 for each applicant.
(e) Be subject to amendment as required from time to time.
History
(1) Licensee's application equipment shall at all times be maintained in proper functional condition consistent with the type of dispensing equipment being used. The application equipment shall be properly calibrated as to the type of pesticide(s) and methods of application to be used. To this end, Licensee shall demonstrate to the Commissioner or his representative, upon his inspection, that application equipment used by Licensee is functioning properly and is correctly calibrated.
(2) Licensee shall maintain his pesticide storage, mixing, and disposal facilities including the general grounds in a manner so as not to cause injury or damage to man, domestic and wild animals, other wildlife, aquatic areas, or the environment. To this end the Commissioner or his representative shall inspect the pesticide storage, mixing and disposal facilities and the general grounds of a Licensee and determine that:
(a) All pesticides are stored in a well lighted, well ventilated, clean area which can be secured from entry by lock;
(b) There are no unlabeled, leaking or damaged containers in the storage area;
(c) Restricted use pesticides are stored separately from general use pesticides;
(d) Fixed mixing facilities are uncluttered, well ventilated, well lighted, and secured from entry by lock.
(3) Pilots and Licensees shall use and operate, in any agricultural aircraft operation, pesticide application equipment which shall be free of leaks and shall have a positive shutoff system to prevent leaking and dissemination of pesticides on any non-target areas over which the flight is made. Such equipment shall not allow spillage, dripping, and backflow or create a hazard from vapors or drift.
(4) No pesticide(s) shall be applied by an aerial applicator as long as any person is visible in the target area other than those assisting in the application.
(5) The Licensee or pilot shall immediately notify the Commissioner of any emergency or accidental release of pesticide(s) from the application or auxiliary equipment. The following information shall be provided:
(a) The name of the pilot,
(b) The Licensee involved,
(c) The name of the property owner or operator,
(d) The location of the incident,
(e) The name of the pesticide,
(f) The estimated amount of pesticide involved,
(g) The estimated size of the area that received the spill,
(h) The description of what is located within 300 feet from the edge of the spill in all directions,
(i) The number of humans or animals known to have been contaminated,
(j) The weather conditions at the site of the emergency or accidental release of pesticide(s).
Author: Marise Mims Sandidge
History
(1) Based on evidence presented at a hearing before the Commissioner, the Commissioner may, with approval of the Board, declare an area or locality, described by prominent geographical features, as a pesticide management area in which custom pesticide application shall not be permitted or shall be limited as to method of application and pesticide(s) used and to time of year when application of pesticide(s) can occur.
The Commissioner shall issue an order defining the area to be designated a pesticide management area giving the conditions and extent of the limitations on custom pesticide application. A copy of the Commissioner's order shall be mailed to all persons affected by the order.
(2) Based upon evidence at a hearing before the Commissioner, the Commissioner may amend any license by specifying on its face any limitations under which Licensee may continue to apply certain pesticides; or specify on the license those pesticides Licensee is prohibited from applying.
(3) The pilot shall, prior to application, learn and confirm:
(a) The boundaries and exact location of the target areas,
(b) The identity of non-target areas and safety hazards located on or adjacent to the target areas.
(4) Spray and spreading equipment shall be thoroughly rinsed after each pesticide application except when the next application operation will be made using the same pesticide, or if another pesticide, one which by its manufacturer's recommendations is compatible with that previously in the equipment, and will not result in any adverse effects or illegal residues. Rinsing shall be conducted in an area where an environmental hazard will not be created by the drainage or disposal of waste materials and conducted with methods which will not create an environmental or human hazard.
(5) All pesticides applied as liquids, in liquid carriers, or as dusts shall be released within 15 feet above the canopy of the target area, except where obstructions in or adjacent to the target area would endanger the safety of the pilot while applying pesticides at that altitude.
(6) All pesticides applied aerially as dry granules or pellets shall be released within 40 feet above the canopy of the target area, except where obstructions in or adjacent to the target area would endanger the safety of the pilot while applying pesticides at that altitude.
(7) Pesticide application is prohibited when wind speeds exceed label directions or 10 m.p.h. whichever is lowest.
(8) Licensee dispensing pesticide(s) by aircraft shall be limited as follows:
(a) No pesticide shall be deposited by aircraft within 400 feet of the premises of schools, hospitals, nursing homes, or occupied churches.
(b) No pesticide shall be deposited by aircraft on any dedicated road or on any vehicle using such road.
(c) No pesticide labeled toxic or harmful to aquatic life shall be deposited in or near any body of water in such manner as to be hazardous to aquatic life unless such aquatic life is the intended target of the pesticide.
(d) No pesticide shall be deposited inside any residential or business property line unless written consent for such an application to occur has been obtained from an inhabitant of said residence or business who is at least eighteen (18) years of age. The consent agreement shall include the following:
Date of agreement,
Time period for which the Agreement is valid,
Address, location, or designation of residence or business,
Signature of the consenting inhabitant of residence or business.
(9) No person shall dispense or cause to be dispensed from aircraft engaged in custom pesticide application any pesticide:
(a) Under such conditions that the applied pesticide would drift outside of the target area to be treated and cause or create a hazard or potential adverse effect to man or the non-target environment;
(b) Under conditions that would result in pesticide overspray;
(c) Not registered with the Alabama Department of Agriculture and Industries and/or Environmental Protection Agency;
(d) In a manner inconsistent with its registered label;
(e) In a manner that creates a hazard to persons, property, established apiaries, aquatic life, wildlife, and other non-target organisms.
History
(1) Licensee must maintain, for a minimum of three years, records of pesticide applications made in Alabama. These records shall be completed within 72 hours after each application or sooner if requested by the Commissioner or his designated representative for the purposes of a pesticide incident investigation. These books and reports shall be located at a pertinent place of business in Alabama and contain at least the following information:
(a) Names of Licensee;
(b) Names and address of the person for whom the pesticide was applied;
(c) Identification of farm or land sites treated with pesticide(s);
(d) Name of crop which was treated;
(e) Total number of acres treated;
(f) The year, month, day and approximate time the pesticide was applied;
(g) The brand/or trade name, manufacturer, and formulation of the pesticide applied;
(h) Amount of formulated product or active material applied per acre (must specify);
(i) Total gallons or pounds per acre of the final tank mix applied;
(j) Name of person making application of pesticide;
(k) Signature of person completing this record.
Author: Marise Mims Sandidge
History
No person, method, procedure or type of application equipment used for aerial application of pesticides shall be exempt from any of the provisions of this Section except as stated herein:
(1) Persons exempted under Section 2-27-52, Code of Ala. 1975, are also exempted under this Section.
(2) During an emergency proclaimed by the Commissioner, specific aerial applicators may, on a temporary basis, be exempted from all, or from specific regulations by the Commissioner.
(3) Persons certified and/or licensed under the category of public health pest control and under supervision of a state, federal or other governmental agency or a utility which is regulated by the Alabama Public Service Commission, when conducting a control operation for disease vectors or other pests of public health significance, shall be exempted from Sections 80-1-14-.06(4), and 80-1-14-.07(5), (6), (7) and (8).
(4) Aerial applicators under contractual agreement with state, federal or public agency and under supervision of such an agency when conducting a pest control operation may be exempted from all or from specific rules, provided that, at least 30 days prior to the proposed initiation of the subject operation they present to the Commissioner a complete description of the operation which meets or exceeds the following standards:
(a) Project Description: The application shall include all of the following:
Explanation of why the project is needed,
Identification of target pest or pests,
Map showing treatment area,
Total acreage to be treated,
Proposed range of dates of application.
(b) Description of the Pesticide: The application shall contain a description of the pesticide(s) proposed for use under the exemption. Such information shall include:
A statement that the pesticide product(s) proposed for use carry current state and federal registration and are currently labeled for the proposed use. Include EPA registration number for each pesticide,
Material Safety Data Sheet (MSDS). Include an MSDS for each pesticide proposed for use,
A statement specifying the composition of the final spray mixture to be applied to the target area. Identify any diluent(s), adjuvant(s), or other materials to be used with the pesticide(s) in the final spray mixture.
(c) Aircraft Information: The description shall include the following:
Identification of type(s) of aircraft proposed for use (fixed wing, helicopter, etc.),
Identification of equipment specifications.
(d) Environmental Evaluation: The description shall include the following:
Identify or map any hospitals, schools, nursing homes, watersheds, and any other sensitive areas in or near the proposed treatment area,
List any rare, threatened, or endangered species in the proposed treatment area and describe measures if any, which will be used to lessen adverse environmental impacts to such species or the habitat or same from the proposed treatment(s),
Describe alternative methods or options of pest control. A "no treatment" alternative should be included. Describe probable environmental consequences of each alternative,
Describe measures which shall or may be taken to mitigate the adverse environmental impact(s) of the proposed project.
Author: Marise Mims Sandidge
History
The following pesticides and their use restrictions have been designated as restricted use pesticides by Code of Ala. 1975, § 2-27-1, et seq. All formulations and concentrations of the pesticides, unless otherwise noted, are restricted:
Pesticide Use Restriction
Acrolein
Aldicarb
Aluminum Phosphide
Azinphos Methyl All Formulations and Concentrations Above 13.5% Restricted
Carbofuran
Clomazone
Curacron
Cyanides
Calcium Cyanide
Mercuric Cyanide
Sodium Cyanide
Demeton
Disulfoton All Formulations and Concentrations Greater than 2% Restricted
Dyfonate
Ethoprop
Ethyl Parathion
Fenamiphos
Fensulfothion
Fluoroacetomide/1081
Magnesium Phosphide
Methamidophos
Methomyl All Formulations and Concentrations Except 1%
Fly Bait
Methyl Bromide
Methyl Parathion
Mevinphos
Paraquat All Formulations and Concentrations Greater Than 1% Restricted
Phorate
Phosphamidon
Phosphorus (White or Yellow)
Picloram
Sodium Fluoroacetate
Strychnine and its Salts
Strychnine Sulfate
Sulfotepp
Tepp
Thallium Sulfate
Zinophos
Author: Charles H. Barnes, Maarise Mims Sandidge
History
All pesticides classified as restricted by the United States Environmental Protection Agency under requirements of the Federal Insecticide, Fungicide and Rodenticide Act are also designated as restricted use pesticides under the Alabama Pesticides Act of 1971.
Author: Charles H. Barnes, Marise Mims Sandidge
History
The purpose of this Chapter is to provide standards and minimum specifications for gasoline and gasohol so that their sale, storage or use in Alabama is satisfactory and efficient for the purpose under which the products are sold.
Author: Charles H. Barnes
History
The standards set forth in this Chapter shall be applicable to all gasoline and gasohol sold or offered for sale in Alabama after the effective date of this Chapter.
Author: Charles H. Barnes
History
Specifications for gasoline, unless noted, shall be determined in accordance with the test methods presented in the latest edition of The American Society For Testing and Materials Standards, hereinafter designated as ASTM, and those specifications that are published by the United States Department of Commerce as required by Code of Ala. 1975, § 8-17-81. Gasoline which is sold or used in Alabama must meet the following minimum standards: (See Exhibit for Rule at end of Chapter.)
(a) Sulfur - ASTM Method D-1266, D-3120 and D-2622. The sulfur content shall not exceed .10% by weight for unleaded gasoline and .15% for leaded gasoline.
(b) Corrosion - ASTM Method D-130, Copper strip corrosion shall not exceed No. 1 on the ASTM test scale after three hours at 122° F.
(c) Existent Gum - ASTM Method D-381. The existent gum shall not exceed 5 milligrams per 100 milliliters.
(d) Lead - ASTM Method D-2599, D-3229, D-3237. The existence of lead shall not exceed 4.2 grams per gallon for leaded and .05 grams per gallon for unleaded.
(e) Phosphorous - ASTM Method D-3231. The existence of phosphorous in unleaded gasoline shall not exceed .005 grams per gallon.
(f) Volatility - ASTM Method D-86, D-323, D-2533 and D-4953. The volatility requirements for distillation, Reid Vapor Pressure and Vapor Liquid Ratio shall be as listed in Table 1 and Table 2, attached as exhibits to this rule, in accordance with the schedule for Alabama Volatility Requirements as follows:
(g) The octane rating (Antiknock Index) shall equal that specified in the product registration and that posted in accordance with FTC Octane Posting and Certification rule. The minimum (R+M/2) Octane rating of premium grades shall be 90 for unleaded gasoline and shall be 93 for leaded gasoline. The minimum (R+M/2) Octane rating of regular grades shall be 87 for unleaded gasoline and shall be 89 for leaded gasoline. In addition, the motor octane number must not be less than 82.0 for unleaded gasolines with a minimum R+M/2 Octane rating of 87. The above octane requirements will not be applicable to intermediate grades when such product has a brand name or numerical designation that meets minimum Antiknock Index of regular grades and does not imply a higher Antiknock Index than it actually has and is not misleading to the consumer as to its quality.
(h) The sale of any gasoline under any trade name which shall indicate to the purchaser that it is of a certain grade is prohibited unless the Antiknock Index therein is at least equal to that required above for that certain grade.
(i) Water and sediment. The finished gasoline shall be visually free of undissolved water, sediment, and suspended matter and shall be clear and bright at the ambient temperature or 70°F (21°C), whichever is higher.
| EXHIBIT FOR RULE 80-1-16-.03 | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | TABLE 1 VAPOR PRESSURE AND DISTILLATION CLASS REQUIREMENTS | | | | | | | | | Vapor Pressure/ Distillation | 10 | 50 Vol % | 90 Vol % | End Point | Vapor Pressure | Distillation Residue | | | Class | Vol % Max | Min | Max | Max | Max | Max | Max Vol % | | A | 70 (158) | 77(170) | 121 (250) | 190 (374) | 225 (437) | 62 (9.0) | 2 | | C | 60 (140) | 77(170) | 116 (240) | 185 (365) | 225 (437) | 79 (11.5) | 2 | | D | 55 (131) | 77(170) | 113 (235) | 185 (365) | 225 (437) | 93 (13.5) | 2 |
*Distillation Temperatures C (F) % Evaporated.
*Vapor Pressure KPA (PSI).
*Products containing 9 - 10% ethanol are exempt from the midpoint (50%Vol) distillation requirements provided the base gasoline meets the requirements as set forth.
*Blends of 9-10% ethanol and gasoline will be granted an additional 1.0 PSI tolerance for vapor pressure, and the minimum test temperature for Vapor Lock Protection for Class 2, 3 and 4 shall be: Class 2 (49°C) 120°F; Class 3(45°C) 113°F; and Class 4 (41.5° C) 107° F respectively at which the Vapor/Liquid Ration (V/L) equals 20.
TABLE 2 VAPOR LOCK PROTECTION CLASS REQUIREMENTS
Vapor/Liquid Ratio (V/L)
| Protection Class | Test Temperature C (F) | V/L, Max | | --- | --- | --- | | 2 | 56(133) | 20 | | 3 | 51(124) | 20 | | 4 | 47(116) | 20 |
SCHEDULE FOR ALABAMA VOLITILITY REQUIREMENTS
| JAN (D-4) | APR | (C-3/A-3) | July (A-3) | OCT (C-3) | | --- | --- | --- | --- | --- | | FEB (D-4) | MAY | (A-3) | AUG (A-2) | NOV (C-3/D-4) | | MAR (D-4/C-3) | JUNE | (A-3) | SEPT 1-15 (A-2) | DEC (D-4) | | SEPT 16-30 (A-2) C-3 | | | | |
History
Gasohol as defined by Code of Ala. 1975, §40-17-130, shall meet all of the specifications, where applicable, for gasoline set out in Rule 80-1-16-.03 above.
Author: Charles H. Barnes
History
(1) Any manufacturer, hauler, blender, agent, jobber, consignment agent, or distributor who distributes motor vehicle fuel products which contain at least one percent alcohol must state on any invoice, bill of lading, shipping paper, or other documentation used in normal customary business practices, or as required by federal law, the percentage of alcohol and cosolvent, the type of alcohol, and the antiknock index number of the products distributed.
(2) The above required documentation shall be available for inspection and copying by the Commissioner of Agriculture and Industries or his agents during normal business hours.
Author: Charles H. Barnes
History
The required labeling for gasoline under Chapter 80-1-16, Ala. Admin. Code, shall be conspicuously displayed on both sides of the dispensing device which faces the vehicle, in conformity with Rule 80-13-1-.05, Ala. Admin. Code.
Author: Charles H. Barnes
History
(1) All dispensing devices which dispense gasoline, as defined in Code of Ala. 1975, § 8-17-80(a)(1), in addition to any other labeling as required by law or regulation, shall be labeled with the brand name of the product, as registered with the Department of Agriculture and Industries under Code of Ala. 1975, § 8-17-85.
(2) This label shall also include the product grade, such as regular leaded, regular unleaded and premium unleaded. The words lead free may be substituted for the word unleaded. The above required lettering appearing on the dispensing device shall be a minimum of one-half inch in height.
Author: Charles H. Barnes
History
All dispensing devices which dispense gasoline, gasohol or any motor fuel defined as gasoline under Code of Ala. 1975, § 8-17-80(a)(1), shall have posted on said dispensing device an octane rating or number. This octane rating or number required to be posted shall comply with the Federal Trade Commission Posting and Certification rule for octane ratings as appearing in 16 C.F.R. 306 . Said number shall appear on both sides of the dispensing device which faces the vehicle.
Author: Charles H. Barnes
History
(1) Any dispensing device which is used to dispense gasoline as defined in Code of Ala. 1975, § 8-17-80(a)(1), which contains more than one percent, by volume, of any ethanol or methanol shall also be labeled on both sides of the dispensing device, which face the vehicle, as follows: Contains Ethanol, or Contains Methanol and Cosolvent.
(2) The labeling requirement set out in paragraph (1) above shall be composed of black letters with a distinctly contrasting background. The letters appearing on the label shall be a minimum of one-half inch in height with a minimum one-sixteenth stroke.
Author: Charles H. Barnes
History
In addition to the requirements for registration of petroleum products set out in Code of Ala. 1975, § 8-17-8, all gasoline must also be registered as follows:
(a) All gasoline containing more than one percent ethanol or methanol and so labeled in accordance with Chapter 80-1-16, Ala. Admin. Code, requires a separate product registration from a product under the same brand name that does not contain ethanol or methanol.
EXAMPLE: The XYZ company sells two products--XYZ premium unleaded and XYZ premium unleaded--contains ethanol.
This example would require two registrations and the words contains ethanol must also be included in that product identity for registration purposes.
(b) All gasoline registrations must also include the octane rating for said product.
(c)
The name or brand of the gasoline required to be registered and permitted under Code of Ala. 1975, § 8-17-85(b)(1) above must not be so similar to a gasoline already permitted that the public could be confused or mistaken in purchasing said product.
The Commissioner, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted.
The failure of a name or brand of gasoline to be permitted for two consecutive years will, for the purposes of this rule, be considered an abandonment of said name or brand.
The provisions of this subrule (c) shall not be applicable for any brand or name of gasoline permitted prior to its adoption. Nor shall this subrule (c) be applicable if in conflict with any state or federal laws or rules governing the registration of trade marks or brands. It is the responsibility of the registrant to demonstrate said conflict.
Author: Charles H. Barnes
History
All gasoline sold, offered for sale, or delivered at retail in barrels, casts, cans, or other containers shall be labeled in accordance with the provisions of Chapter 80-1-16, Ala. Admin. Code. This requirement shall not apply to containers supplied by the purchaser and dispensed into said container from a correctly labeled dispensing device.
Author: Charles H. Barnes
History
Gasoline as defined in Code of Ala. 1975, § 8-17-80(a)(1), shall be deemed misbranded and falling below standards if the dispensing device, or can, or other container required to be labeled bears any statement, design, or device that is false or misleading in any manner. Products violating this rule shall be subject to suspension from sale under the provisions of Code of Ala. 1975, § 8-17-88.
Author: Charles H. Barnes
History
The purpose of this Chapter is to provide standards for kerosene, as defined under the provisions of Code of Ala. 1975, § 8-17-80(3), so that its sale, storage and use in Alabama is satisfactory and efficient for the purpose under which the product is sold.
Author: Charles H. Barnes
History
Testing methods and specifications for kerosene, unless changed or altered by this Chapter, shall be determined in accordance with the test methods presented in the latest version of the American Society For Testing and Materials Standards hereinafter designated as ASTM, and those specifications that are published by the United States Department of Commerce as required by Code of Ala. 1975, § 8-17-81(a)(1).
Author: Charles H. Barnes
History
(1) Kerosene as defined under Code of Ala. 1975, § 8-17-80(3) above is further defined for purposes of this Chapter as follows:
(a) No. 1-K, special low-sulphur grade kerosene suitable for use in nonflue-connected kerosene appliances and for use in wick-fed illuminating lamps.
(b) No. 2-K, regular grade kerosene for use in flue-connected burner appliances and for use in wick-fed illuminating lamps.
(2) Grade of kerosene, hereinafter designated as 1-K and 2-K defined above shall conform to the following tests and specifications:
(a) Color (Method ASTM D-156) shall not be darker than plus 16 saybolt for both 1-K and 2-K.
(b) Flash point (Method ASTM D-56) shall not be less than 100° F minimum for both 1-K and 2-K.
(c) Sulfur (Method ASTM D-1266) shall be as follows:
For 1-K, maximum sulfur content 0.04 weight %.
For 2-K, maximum sulfur content 0.30 weight %.
(d) Volatility (Method ASTM D-86) Distillation ° C (° F) for both 1-K and 2-K shall be as follows:
10% recovered - 205° C (401° F) maximum.
Final boiling point - 300° C (572° F) maximum.
(e) Both 1-K and 2-K shall contain no more than a trace of water, suspended matter, or sediment.
(f) Viscosity, at 40° C (ASTM Method D-445) 1.0 cSt minimum 1.9 cSt maximum.
Author: Charles H. Barnes
History
The purpose of this Chapter is to provide standards for diesel fuels so that their sale, storage and use in Alabama are satisfactory and efficient for the purpose under which the products are sold.
Author: Charles H. Barnes
History
The standards set forth in this Chapter shall be applicable for all diesel fuels as defined by Code of Ala. 1975, § 8-17-80(2), which are sold, used or offered for sale in Alabama.
Author: Charles H. Barnes
History
All testing methods and specifications for diesel fuels shall be determined in accordance with the test methods presented in the latest version of the American Society For Testing and Materials Standards hereinafter designated as ASTM and those specifications which are published by the United States Department of Commerce as required by Code of Ala. 1975, § 8-17-81(a)(1), except as amended by Rule 80-1-18-.04 below.
Author: Charles H. Barnes
History
All diesel fuels as defined above under the provisions of Code of Ala. 1975, § 8-17-80(2) as Diesel Fuel No. 1 and Diesel Fuel No. 2, hereinafter designated as 1-D and 2-D respectively, shall conform to the following tests and specifications:
(a) Flash point, (Method ASTM D-93) shall be:
(b) 125° F for 2-D.
(2) Cloud point (Method ASTM D-2500 and D-975) for 1-D and 2-D shall be as follows: The cloud point, or wax appearance point, for cold weather operation is specified at 6° C above the 10th percentile minimum ambient temperatures for the area in which the fuel will be used. For Alabama the 10th percentile minimum temperatures are: September 13° C, October 4° C, November -3° C, December -6° C, January -7° C, February -3° C, March -2° C.
(3) Water and sediment, (Method ASTM-1796) for 1-D and 2-D shall be 0.05% by volume, maximum.
(4) Carbon residue on 10% residuum, (Ramsbottom Method ASTM D-524), the maximum allowance shall be:
(a) 0.15% for 1-D.
(b) 0.35% for 2-D.
(5) Ash, (Method ASTM D-482), maximum percent allowed by weight shall be 0.01% for 1-D and 2-D.
(6) Distillation temperatures, 90% point shall be as follows:
(a) For 1-D (Method ASTM D-86), 550° F maximum.
(b) For 2-D (Method ASTM D-86), 540° F minimum and 675° F maximum.
(7) Viscosity shall conform to one of the two methods listed below:
(a) Kinematic viscosity, at 40° C (Method ASTM D-445) for 1-D, 1.3 minimum and 2.4 maximum cSt.
(b) Kinematic viscosity, at 100° F (Method ASTM D-445) for 2-D, 2.0 minimum and 5.8 maximum cSt.
(8) The percent of sulfur, by weight, (Method ASTM D-127, D-2622, D-3120 and D-1552) for 1-D and 2-D shall be 0.50% maximum.
(9) Copper strip corrosion (Method ASTM D-130) for 1-D and 2-D shall be No. 3 maximum.
(10) The cetane index for both 1-D and 2-D shall be 40 minimum, (calculated) (ASTM Method D-976).
Author: Charles H. Barnes
History
Under authority of Act No. 1403, Legislature of Alabama of 1971, as amended, providing for inspection of certain petroleum products, including those commonly known as gasoline, diesel fuel, kerosene and lubricating oil, the following regulations, standards and minimum specifications are hereby adopted by the State Board of Agriculture and Industries pursuant to Section 5, of said Act to govern the sale, offering for sale, storage and use of lubricating oils to the end that said petroleum product is satisfactory and efficient for the purpose for which it is sold, offered for sale or used:
History
(1) Lubricating Oils are those products of petroleum that are commonly used in lubricating or oiling engines, and any devices or substitutes for such products of petroleum.
(2) Viscosity means a measure of the time for a fixed volume of lubricating oil to flow by gravity through the capillary viscometer under an accurately reproducible head and at a closely controlled temperature. The kinematic viscosity is then calculated from the measured flow time and the calibration constant of the viscometer.
(3) Multiviscosity refers to and means numbered lubricating oils whose 0° F viscosity falls within the prescribed range of one of the SAE W weight classifications and whose 210° F viscosity falls within the prescribed range of one of the higher non-W weight SAE classifications.
(4) SAE refers to and means Society of Automotive Engineers.
History
Lubricating oils shall be classified as to viscosity and multiviscosity by the recommended practice of the Society of Automotive Engineers (SAE) as designated by Crankcase Oil, Viscosity Classification SAE J300a as last revised April, 1967.
History
Lubricating oil shall be pure and free from any objectionable substances.
History
Testing methods referred to herein used for determining the values of samples for lubricating oils shall be the latest approved and published versions of the American Society for Testing and Materials (ASTM).
History
The container of any lubricating oil of a capacity of 55 gallons or less shall be accurately labeled to show the viscosity number of the oil together with the net quantity of the contents in terms of liquid measure and the contents of such container shall conform to the labeling with reference to the SAE viscosity number as well as the net quantity of the contents shown on the container. The labeling of any such container of lubricating oil shall not contain any statement regarding its contents which shall be false or misleading. All labeling information shall be legibly shown on the container so as to be easily read and shall bear the name and principal address of the manufacturer or other person responsible for placing the lubricating oil on the market.
History
Residues of the pesticide ethylene dibromide (EDB) may occur in or on raw grain and processed grain-related food products, distributed, sold or offered for sale in Alabama. Amounts of this pesticide above certain levels may be injurious to public health.
Author: Charles H. Barnes
History
Chemical residues of the pesticide ethylene dibromide (EDB) shall not exceed those levels set out below for the following products:
PRODUCT MAXIMUM LEVEL
Raw grain intended for human consumption 900 Parts Per Billion
Processed grain-related food products which require cooking before eating 150 Parts Per Billion
Ready-to-eat processed grain food products which do not require cooking before eating 30 Parts Per Billion
Any other products, Those maximum levels published and designated published by EPA or by EPA or FDA, FDA for any other containing residues products, not set ou of EDB in this rule.
Author: Charles H. Barnes
History
Any products found to exceed maximum levels of EDB for the products and levels indentified and set out in Rule 80-1-2 -.02, are deemed to be adulterated under the provisions of Code of Ala. 1975, § 20-1-22.
Author: Charles H. Barnes
History
For the purpose of advising whether a laboratory should be certified as a soil testing laboratory, a committee composed of the Director of the Agricultural Chemistry and Plant Industry Division of the Department of Agriculture and Industries, the Director of the Agricultural Experiment Station of Auburn University, and the Director of the Cooperative Extension Service of Auburn University, or their designated representatives, is hereby designated. This committee is empowered to evaluate all requests for certification and give their recommendations to the Commissioner of Agriculture and Industries. This committee is also empowered to review renewal applications and recommend renewal certifications.
Author: Charles H. Barnes
History
(1) A laboratory desiring to be certified as a soil testing laboratory under the provisions of Code of Ala. 1975, §§2-21-1, et seq., must first request certification to the Director of the Soil Testing Laboratory, Auburn University. That office will then provide information on the procedure and supply necessary forms and applications.
(2) Completed applications and requests will then be forwarded to the advisory committee for their evaluation and recommendations.
(3) Laboratories previously approved are also required to submit a renewal application annually, prior to July 1 of each year. The advisory committee will review each renewal application and recommend approval or disapproval to the Commissioner of Agriculture and Industries annually prior to September 1 of each year.
(4) The Commissioner of Agriculture and Industries may at any time disapprove or revoke the certification of a soil testing laboratory that fails to maintain certification standards.
Author: Charles H. Barnes
History
Certified laboratories must be operated under the supervision of a qualified chemist. The person making the lime and fertilizer recommendations should have training in both the field of chemistry and agriculture. A graduate of an agricultural college with training in soil chemistry and agronomy and/or horticulture and with some experience in agricultural research would be highly desirable. The advisory committee on certification may consider certain substitutions in experience or training suitable for certifying laboratories. In addition, one or more persons from certified laboratories shall spend at least two days with the soil testing staff at Auburn. The person making recommendations shall devote one or more days annually to a study of calibration data and recommendations with the soil testing staff at Auburn.
Author: Charles H. Barnes
History
(1) Laboratory analysis done by certified laboratories must be made by suitable electrical instruments and not by visual comparators using the human eye. Detailed chemical procedures prescribed by Auburn University will be followed. Normally, when changes in laboratory procedures are necessary, Auburn University will notify certified laboratories in time for the change to go into effect July 1.
(2) If any procedure, instrument or method varies from that prescribed by Auburn University's Soil Testing Laboratory, the certified laboratory must supply justification for the deviation and a factor or equation that will convert the values obtained to those obtainable by the Auburn procedure.
Author: Charles H. Barnes
History
Laboratory reports from certified laboratories shall show ratings based on Auburn University's calibration curves. Numerical soil test values, when shown, must be those obtainable by procedures prescribed by Auburn University. Such values must be rated, i.e., very high, high, medium, low, or very low or described in terms of a fertility index that will indicate percent sufficiency. Laboratory reports shall always show the farmer's name and address where the samples were collected. The report shall be similar to those used by Auburn University. Certified laboratories shall send a copy of every tenth report on Alabama samples to the Soil Testing Laboratory, Auburn University. In July of each year, laboratories shall also submit a summary showing the number of Alabama samples by counties analyzed in the previous year.
Author: Charles H. Barnes
History
(1) Specific rates of N, P2O5, and K2O recommended by certified laboratories must be taken from the keys provided by Auburn University, and no alternate recommendations shall appear on the reports of the certified laboratory. Recommendations for grass and legume crops that may be eligible for ASCS payments will follow the Auburn University key without variation. On all other crops, recommendations may vary from the key by up to 10 pounds per acre of N, P2O5, or K2O or by 10% of the amount in the key for recommendations over 100 pounds.
(2) Fertilizer brand names shall not be a part of the recommendation. Brand names may be referred to in accompanying literature if such is desired.
Author: Charles H. Barnes
History
Standard check samples shall be sent by the Auburn University Soil Testing Laboratory to all certified laboratories. These shall be analyzed promptly and recommendations made for crops specified when samples are sent. If the analyses and recommendations are found to be within recognized standards, the recommendations will be made that the laboratory certification be continued.
Author: Charles H. Barnes
History
(1) Laboratories located outside the state or within the state, but where their agronomist, horticulturist, or soils specialist is located outside the state, shall be subject to all of the rules set forth in Chapter 80-1-21 for certification in Alabama.
(2) Expenses involved in certification will be borne by the laboratory being certified.
Author: Charles H. Barnes
History
(1) All food sold or offered for sale containing artificial coloring or preservatives shall be labeled to conform with the labeling requirements as set out in C.F.R. Chapter 21, Parts 74 and 101.22. Food containing artificial coloring or preservatives not in compliance with the above shall be deemed to be misbranded under the provisions of Code of Ala. 1975, § 20-1-25.
(2) Artificial coloring or preservatives used in food sold or offered for sale must have been previously determined by the Food and Drug Administration of the United States Department of Health and Human Services to be safe for use for that specific food product.
(3) The use of any artificial coloring or preservative in food sold or offered for sale must be in compliance with any regulations or restrictions promulgated by the Food and Drug Administration of the United States Department of Health and Human Services.
Author: Charles H. Barnes
History
(1) For purposes of this Chapter, the term label, as pertaining to foods, drugs and cosmetics that are sold or offered for sale, includes any legend and descriptive matter or design appearing upon the article or its container, and also includes circulars, pamphlets, and the like which are packed and go with the articles to the purchaser, and such letters, circulars and pamphlets to which reference is made either on the label attached to the package or the package itself.
(2) The label shall bear plainly and conspicuously, without any intervening descriptive matter all the information specifically required by the law and regulations thereunder.
(3) A label in a foreign language shall conform to these rules and shall bear in English, as well as in the foreign language used to describe the article, all the information required by the law.
(4) The label shall be free from any statement, design or device regarding the article or the ingredients or substances contained therein, or quality thereof, or place of origin, which is false or misleading in any particular. The terms design and device include abbreviations, characters, signs, and pictorial matter of any description.
(5) A food, drug or cosmetic product shall not be labeled or branded in such a manner as to deceive or mislead the purchaser. Direct misstatements and indirect misrepresentation regarding the article or its ingredients are prohibited, whether by means of designs, printed testimonials, devices, or artifices in the arrangement, style or dress of the package, or in the arrangement of the printed or pictorial matter in or upon the label or package.
(6) An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent. In the case of drugs, the nomenclature of the United States Pharmacopoeia or National Formulary shall be followed.
(7) The statement of the formula is not required on the label except insofar as may be necessary to prevent adulteration or misbranding.
(8) An article of food or drugs which under the law or regulations requires special labeling must carry such label, not only on the original package, but also on all lots removed for display of the goods or for the convenience of handling.
(9) Retail cartons or other outside containers shall be labeled according to the same regulations as are applied to the bottle, can or other receptacle contained therein.
(10) A food product shall be deemed misbranded if the ingredients (where ingredient declaration is required) are not listed by their common or usual name in descending order of predominance by weight.
(11) A drug in package form shall be deemed misbranded if its label fails to bear the name of the product, together with the quantity of the contents in terms of weight, measure or numerical count, and the name and principal address of the manufacturer or other person responsible for placing the product on the market.
(12) If a food offered for sale purports to be or is represented for special dietary use for human consumption by reason of its use as regulating the intake of protein, fat, carbohydrate, or calories for the purpose of controlling body weight, or for the purpose of dietary management with respect to disease, the label shall bear a statement of:
(a) the percent by weight of protein, fat and available carbohydrate in such food; and
(b) the number of available calories supplied by a specified quantity of such food.
(13) The label of dietary foods shall bear the words FOR DIETARY PURPOSES, or DIETETIC, or words of like import, in letters of a height not less than that of the letters of any other word on the label except the brand, and such word or words shall be marked on the label in juxtaposition with or directly above or below the name of the food.
(14) The portion of the store, display counter, shelving, or other place where dietary foods are displayed or offered for sale shall be clearly and plainly identified by an appropriate sign reading FOR DIETARY PURPOSES or words of similar import.
Author: Charles H. Barnes
History
(1) The name of the manufacturer, jobber, wholesaler, dealer, agent or distributor appearing on the label must be the true name of the actual manufacturer, producer, jobber, wholesaler, dealer, agent or distributor.
(2) When a person, firm or corporation actually manufactures or produces a food or a drug in two or more places, either place of manufacture or production of each particular package may be stated on the label except when the mention of any place, to the exclusion of the others, deceives or misleads the buying public.
Author: Charles H. Barnes
History
(1) A simple or unmixed food or drug product shall be sold by its common name in the English language; or, if a drug recognized in the United States Pharmacopoeia or National Formulary, by the names therein designated.
(2) A geographical name indicating that a food or drug product was manufactured or produced in a specific place shall not be used unless such product was manufactured or produced in that place.
(3) A name which is distinctive or a product of a specific foreign country shall not be used upon an article not manufactured or produced in that country, except as an indication of the type or style of quality or manufacture, and then only when the product possesses substantially the characteristic qualities of the product of that foreign country. Such name shall be so qualified as to remove any impression that the article was manufactured or produced in the country in which the name is distinctive.
Author: Charles H. Barnes
History
(1) For the purposes of this Chapter, bulk food means processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn by the consumer.
(2) Bulk food product modules shall be labeled with a counter card, sign, or other appropriate device bearing prominently and conspicuously the common name of the product, a list of ingredients in descending order of predominance, and declaration of artificial color or flavor and chemical preservatives if contained in the product.
(3) Bulk food not labeled as set out above will be considered "misbranded" under Code of Ala. 1975, § 20-1-25.
Author: Charles H. Barnes
History
(1) A distinctive name is a name that distinguishes one kind of food or drug from another.
(2) The expression own distinctive name means a name which is purely arbitrary or fanciful and distinguishes a particular food or drug from all other articles of food or drugs. It shall not give a false indication of origin, character, composition, ingredients, or place of manufacture and shall not lead the purchaser to suppose that the product is other than what it is.
Author: Charles H. Barnes
History
(1) The terms mixture or compound for purposes of this Chapter are interchangeable.
(2) A mixture or a compound offered for sale under its own distinctive name shall not be an imitation of any other article whether simple, mixed or compound. In addition to its own distinctive name, it shall bear on the same label or brand the name of the place of manufacture or production. If the name of the place is one which is found in different states, territories or countries, the name of the state, territory or country, as well as the name of the place, must be stated.
Author: Charles H. Barnes
History
(1) An imitation food product shall bear on the label the word imitation in immediate conjunction equally as prominent and conspicuous as the name of the product.
(2) A compound or blend not offered for sale under its own distinctive name, as defined in Rule 80-1-22-.05(2) and for which no definition or standard has been fixed, shall be labeled with the words "compound" or blend as the case may be. When a statement of the list of the ingredients alone may not correct a false or misleading impression, or fails to disclose the true nature and character of the product, the percentage of each ingredient shall be stated on the label.
(3) When a substance of a recognized quality commonly used in the preparation of a food product is replaced in whole or in part by another substance not injurious or deleterious to health, the name of the substitute shall appear on the label.
Author: Charles H. Barnes
History
(1) The quantity of alcohol in a drug shall be stated in terms of the average percentage by volume of absolute alcohol in the finished product. The term alcohol without qualification means ethyl alcohol. If any alcohol other than ethyl alcohol is present in a drug, the kind must be stated on the label.
(2) When two or more pills, wafers, tablets, powders, capsules, or the like are put up for sale or distribution in the same container, there shall be stated on the container the quantity present in each pill, wafer, powder, tablet, capsule or other unit of any substance required by law to be declared.
Author: Charles H. Barnes
History
(1) With the exception of those specific items set out below, the package for all food in package form shall be not less than 95% filled with the food it purports to contain.
(2) Packages of specially processed oat groats, such as oat meal, rolled oats, rolled oat groats and other oat flakes may be filled with not less than 85% of the product and still not be considered slack filled.
(3) Packages of whole or ground spices will not be considered slack filled under the following net weights and minimum percent filled.
Net Weight Minimum Percent Filled
Less than two ounces 70
Two to three ounces 75
Three or more ounces 80
Author: Charles H. Barnes
History
The standards of identity and composition for foods presently adopted and promulgated and as may in the future be adopted and promulgated by the Food and Drug Administration of the United States Department of Health and Human Services, together with those of the United States Department of Agriculture, are hereby adopted as the standards of identity composition for foods for Alabama; except where such federal standards conflict with those food standards established under Alabama law and regulations.
Author: Charles H. Barnes
History
In addition to all other requirements, distilled vinegar, sold or offered for sale to which color is added shall be labeled artificially colored distilled vinegar, with all words of the name being in the same size and type and given with the same degree of prominence on the label.
Author: Charles H. Barnes
History
(1) Pecans, peanuts, walnuts, almonds, Brazil nuts, chestnuts, filberts or pistachio nuts shall be deemed to be adulterated under the provisions of Code of Ala. 1975, § 20-1-22, when the quantity that is sold or offered for sale contains more than 10% of insect infested, moldy, rancid, decayed, decomposed, or otherwise inedible nuts.
(2) The above tolerances shall not be applicable when said nuts are sold to cracking plants.
Author: Charles H. Barnes
History
(1) Any person or firm desiring to open a cream station, milk station, receiving station, shipping station, creamery, cheese factory, ice cream factory or condensory for the purpose of purchasing cream or milk on butterfat basis shall, two weeks prior to the opening of any of the above named establishments, notify the Commissioner of Agriculture and Industries in writing of the location and the names and addresses of the operator and tester who will be in charge of the testing and the establishment.
(2) All milk plants, milk stations, ice cream plants, creameries, cheese plants, and condensories that practice composite testing are required to take samples of each shipment of milk which the composite test represents. All plants or stations which practice composite testing shall test at least once every seven days, provided, however, if cheese plants and condensories are equipped with refrigeration facilities and milk samples are kept below a constant temperature of 45° F, and properly preserved, such establishments shall be required to test only once every 15 days, provided further, that such samples shall not be kept out of refrigeration for a period exceeding 20 minutes at any one time.
(3) Each lot of cream or milk delivered to be purchased on butterfat basis shall be accurately sampled by thoroughly mixing and then taking out carefully a representative portion for the test. In case of milk where composite testing is done, the portion representing each lot sampled shall be used in making up the composite sample for the butterfat test.
(4) All licensed receiving stations conducted for the purpose of the purchase of butterfat, either in the form of cream or milk, shall keep a permanent record available at all times, to the agents of the Department of Agriculture and Industries, which records are for checking purposes and shall show the percentage of butterfat obtained by the analysis of the purchaser on all samples representing lots of cream or milk purchased, as well as the total weight of the product represented by the sample.
(5) Licensed milk and cream testers shall report daily the percentage of butterfat obtained in each test on regular forms furnished by the Department of Agriculture and Industries of milk and cream for the purpose of purchasing the milk or cream on butterfat basis to the Commissioner of Agriculture and Industries.
(6) It shall be the duty of testers of milk or cream to post in a conspicuous place frequented daily by patrons a copy of all tests reported to the Commissioner of Agriculture and Industries, and the day the tests are made. These shall remain posted until an agent of the Commissioner shall authorize the removal of same.
(7) It shall be the duty of the tester to see that the percentage of butterfat obtained by him is the figure for the percentage of butterfat used and recorded on a permanent record for the payment of the milk or cream which the sample tested represents.
Author: Charles H. Barnes
History
In addition to all other statutory and regulatory requirements, ice cream, custard, sherbets and ices sold or offered for sale shall also have the following requirements:
(a) Ice cream shall contain not more than .5% by weight of stabilizer, and not less than 18% total milk solids.
(b) In all cases, ice cream shall contain not less than 1.60 pounds of total food solids per gallon in the finished product.
(c) Fruit ice creams shall contain not less than 10% by weight of mature, sound, wholesome fruit or fruit juice, and shall conform in name to the fruit and/or fruit juice used in its preparation.
(d) Nut ice cream shall contain not less than 2% by weight of sound, clean, wholesome, nonrancid nut meats.
(e) All frozen custard, ice cream custard, French custard, French ice cream, cooked ice cream, parfait and all similar frozen products and varieties of ice cream shall contain not less than 10% of milk fat, or butterfat, by weight, and not less than 1% of dried egg yolk or its equivalent.
(f) Sherbets shall not contain more than 2.5% by weight of milk fat or butterfat, and not more than 8% by weight of total milk solids, or less than 30% total solids, or less than .35% total acid calculated as lactic acid.
(g) Ices shall contain no milk solids or milk fat, but may contain eggs.
Author: Charles H. Barnes
History
Regulations of the Food and Drug Administration of the United States Department of Health and Human Resources as adopted under authority of the Federal Food, Drug and Cosmetic Act, which regulations govern the sale of low fat milk as published in 21 CFR 131.135 --Low Fat Milk; Identity--with respect to the description, addition of vitamins, optional ingredients, methods of analysis, nomenclature and label declaration, are hereby adopted by reference and said federal regulations, as they now exist or may exist in the future, shall regulate the sale or offer for sale of low fat milk in Alabama. Any portion of the above federal regulations, now or in the future, that conflict with Alabama statutes or regulations shall be deemed not to have been adopted.
Author: Charles H. Barnes
History
The following dairy products, to be labeled as such, shall meet the following definitions and standards:
(a) Buttermilk is the product obtained either by churning milk or cream, or from the souring or treatment by a lactic acid, or other suitable culture, of pasteurized skim milk, pasteurized partially skimmed milk, evaporated milk and water, nonfat dry milk solids and water, or a combination of any of these. It shall contain not less than 8.25% of milk solids not fat.
(b) Whole milk buttermilk is the product obtained either by churning milk, or by souring pasteurized milk or its equivalent by means of a suitable culture. It shall contain not less than 8.25% of milk solids not fat and not less than 3.25% of milk fat.
(c) Skim (or skimmed or nonfat) milk is milk from which the fat in excess of .5% has been removed.
(d) Flavored milk is a wholesome beverage made from Grade A milk and the appropriate flavoring ingredient, with or without sugar. It shall contain not less than 3% of milk fat, nor less than 7.5% milk solids not fat.
In the case of chocolate milk (chocolate flavored milk), the principal flavoring ingredient shall be chocolate and/or cocoa. The product shall be named chocolate milk or chocolate flavored milk.
Approved colors may be used as an ingredient of any flavored milk, but in case an artificial color is used, the label shall declare the presence of artificial color by displaying a plain and conspicuous statement to that effect. Acceptable statements are artificially colored and artificial color added.
Any suitable flavoring may be used as an ingredient of any flavored milk, but when an artificial flavor is used, the label shall declare the presence of artificial flavor by displaying a plain and conspicuous statement to that effect. Acceptable statements are artificially flavored or artificial flavor added.
(e) A flavored dairy drink is a wholesome beverage made from partially skimmed Grade A milk, an appropriate flavoring ingredient with or without sugar; or partially skimmed Grade A milk, condensed skimmed milk, an appropriate flavoring ingredient with or without sugar; or from partially skimmed Grade A milk, nonfat dry milk, water, an appropriate flavoring ingredient with or without sugar; or a combination of any of the above listed ingredients with sufficient wholesome stabilizer to properly process the beverage. It shall contain not less than 2% milk fat nor less than 7.75% milk solids not fat.
Approved colors may be used as an ingredient of any flavored dairy drink, but in case an artificial color is used, the label shall declare the presence of artificial color by displaying a plain and conspicuous statement to that effect. Acceptable statements are artificially colored and artificial color added.
Any suitable flavoring may be used as an ingredient of any flavored dairy drink, but when an artificial flavor is used, the label shall declare the presence of artificial flavor by displaying a plain and conspicuous statement to that effect. Acceptable statements are artificially flavored or artificial flavor added.
The name of each flavored dairy drink shall be ___________ dairy drink or __________________ flavored dairy drink, the blank being filled in with the name of the principal flavor.
(f) Chocolate drink is any wholesome drink made from any skimmed milk product, chocolate and/or cocoa, sugar, water, additional flavor, if desired and stabilizer, if desired. It shall contain not less than 7.75% of milk solids not fat nor more than .5% milk fat. When an artificial flavor is used, the label shall declare the presence of artificial flavor by displaying a plain and conspicuous statement to that effect. Acceptable statements include artificially flavored and artificial flavor added. The terms chocolate drink or chocolate flavored drink shall be used as the name of the product wherever the name is stated.
Author: Charles H. Barnes
History
(1) Price marks, store labels or other similar device which obscures or covers up warning labels, expiration dates, directions for use, dosage, or any other vital information that, if obscured, might result in misuse of any food, drug, or cosmetic sold or offered for sale, is prohibited.
(2) Any food, drug or cosmetic that is obscured or covered up as set out above shall be deemed to be misbranded under the provisions of Code of Ala. 1975, §§ 20-1-25, 20-1-26 or 20-1-52.
Author: Charles H. Barnes
History
(1) Any food or drug sold, offered for sale, or to be offered for sale in the future that has been prepared or packed or is being held in an unsanitary condition whereby the food or drug may become contaminated with filth or rendered injurious to health is prohibited.
(2) Any food or drug, offered for sale, or to be offered for sale in the future, prepared, packed or being held in an unsanitary condition as set out above shall be deemed to be adulterated under the provisions of Code of Ala. 1975, §§ 20-1-22 and 20-1-24.
Author: Charles H. Barnes
History
All food that is sold, offered for sale or stored to be sold in the future shall be stored or kept under the following conditions:
(a) Food shall be stored and/or displayed above the floor in such a manner that will protect the food from contamination.
(b) Food shall be stored and/or displayed in such a manner that will protect the food from contamination from toxics, caustics, or pesticides. No toxics, caustics, or pesticides shall be stored or displayed above food items.
(c) Inventory in a food storage facility shall be kept away from the walls and access for human passage shall be provided to the walls. There shall be a white inspection strip on the floor extending out from the walls a minimum of ten inches.
(d) Within a food storage facility, openings to the outside and/or building defects (cracks, holes, expansion joints, etc.) shall be maintained effectively to protect against the entry of rodent, insect, and vermin.
(e) Outside premises of a food storage facility shall be maintained in such a way as to protect against insect, vermin, and rodent harborage near the warehouse facility. That is, the outside premises shall be kept free of litter and debris. Weeds shall be kept cut or killed and any type of rodent, vermin, and insect harborage areas shall be removed from premises.
Author: Charles H. Barnes
History
Persons in charge of any establishment that stores, distributes, or exposes for sale any food, drugs or cosmetics in the event of a fire, flood, storm, extended power outage, or a similar significant occurrence that creates a reasonable probability that the products involved may become contaminated or adulterated shall immediately, in the event of such emergency, notify the Commissioner of Agriculture and Industries or his agents involved in food, drug or cosmetic regulations of such occurrence. Failure to notify the Commissioner or his authorized agents shall be deemed a violation of this rule.
Author: Charles H. Barnes
History
The following foods, generally defined as salvage foods and/or distressed foods, shall be considered adulterated and unsalvageable under the provisions of Code of Ala. 1975, § 20-1-22.
(a) Food in containers with bulging ends or lids, including hard swells, springers, or bulges due to severe dents or retort buckles, with the exception of beer and carbonated beverage containers;
(b) Food in containers with visible evidence of product leakage, or stained labels on containers;
(c) Food in containers showing signs of pitted rust or any sign of rust, with the exception of slight rust which may be removed by buffing prior to being offered for sale;
(d) Food in cans having dents or bends causing any deformation of side seam or end seams;
(e) Food in containers, bags or packages, where the container, bag or package has been torn or damaged, whereby the contained food may have been exposed, except that if the owner of such food can demonstrate that said food was in a clean environment at the time of exposure, the container, bag or package may be repaired or replaced.
(f) Food in containers that reflect evidence of exposure to extreme temperatures except foods required to be kept at extreme temperatures such as frozen foods.
(g) Food in containers that are soiled and noncleanable. Food in containers with screw tops, crimped caps or similar containers with soil around the closure, or containers that have been submerged in water, chemicals or other liquids are specifically defined as soiled and noncleanable.
(h) Foods defiled by rodents except that foods in cans or containers that have received rodent traffic or been in close proximity to rodents shall not be deemed adulterated if the owner or seller of said food is able to demonstrate satisfactory proof that all trace of rodent filth has been removed from said cans or containers;
(i) Foods packaged in jars intended for consumption by infants, the aged or the infirm, in which the lot of said jars has been in an environment in which the jars were subject to heat, dust, moisture, smoke, chemicals, broken glass or other similar conditions, unless the specific manufacturing process required one of the above.
Author: Charles H. Barnes
History
Any food offered for sale to consumers as salvage food or distressed food, otherwise salvageable, shall be deemed adulterated so long as it is mixed with and unsegregated from food deemed adulterated under Rule 80-1-22-.22. It is the intent of this rule to require persons selling or offering to sell to consumers salvage or distressed food to first inspect and remove all adulterated food from the lot of food being offered for sale prior to its being offered for sale.
Author: Charles H. Barnes
History
(1) Any food determined to be adulterated under Rule 80-1-22-.22 shall be disposed of or destroyed in such a manner as to insure that said food cannot be thereafter salvaged and used for human consumption.
(2) The Commissioner or his authorized agent may require supervision of the disposal required in this rule.
Author: Charles H. Barnes
History
All persons or firms engaged in the business of selling or offering to sell food commonly known as salvage food or distressed food shall keep accurate records pertaining to the source and history of all shipments of said food received by them and to include records of the disposition of said food that was later disposed of or destroyed as unsalvageable or adulterated. Said records shall be kept for a minimum of three years and be available for inspection and/or copying during business hours by the Commissioner of Agriculture and Industries or his authorized agents.
Author: Charles H. Barnes
History
As much as practical and possible, that publication entitled Guidelines For Evaluation And Disposition Of Damaged Canned Food Containers, published by the National Food Processors Association, shall be used for implementation and interpretation of Rules 80-1-22-.22, 80-1-22-.23, 80-1-22-.24 and 80-1-22-.25, insofar as this publication does not conflict with any rule or law.
Author: Charles H. Barnes
History
(1) For the purposes of this Rule, "Potentially hazardous food" shall be as defined in Rule 80-1-22-.34 herein.
(2) The temperature of potentially hazardous food shall be held at an ambient temperature of 45° F or below at all times when being transported, stored or displayed for sale except for brief periods of loading or unloading.
(3) The temperature of potentially hazardous frozen food shall be 0° F or below at all times when being transported, stored or displayed for sale except for defrost cycles and brief periods of loading and unloading.
(4) Potentially hazardous food that is transported, stored or displayed in violation of this rule shall be deemed adulterated under the provisions of Code of Ala. 1975, § 20-1-22.
(5) Any person, firm, corporation or association engaged in the business of storing, transporting or displaying for sale potentially hazardous food on the effective day of this rule that is not meeting the requirements of this rule shall be granted a reasonable time not to exceed sixty (60) days after the effective date, to be determined by the Commissioner of Agriculture & Industries, in his discretion, to meet said requirements.
Author: Reginald L. Sorrells
History
(Repealed 12/20/00).
Author:
History
(1) Code of Federal Regulations 21 Parts 100 to 169 revised as of April 1, 1993, is hereby adopted by reference. These regulations include the recently adopted requirements for nutritional labeling, health claims labeling, and nutrient claim labeling. Other regulations in the referenced rules include standards of identity for certain foods and special labeling requirements for foods such as infant formula and other foods for special dietary use.
(2) Copies of CFR 21 parts 100-169 are available from Superintendent of Documents, Attn: New Orders, P. O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government Printing Office order desk at (202) 783-3238.
Author: Marise Mims Sandidge
History
(1) For the purpose of this Rule, Open-Date Statement shall mean the terms "Sell By _______________"; "Not to be Sold After _____________"; "Best If Used By ____________"; "Expiration __________"; or words of similar import; or a date without additional words shall be considered under the jurisdiction of the Rule.
(2) Code of Federal Regulations 21 Part 211.137 is hereby adopted for use herein and non-exempt, Over-The-Counter (OTC) drugs shall bear expiration dates as set forth therein.
(3) OTC drugs shall be considered as not meeting requirements for strength and purity once it reaches the expiration date.
(4) OTC drugs are not to be sold or offered for sale at retail or wholesale after the date stated on the product label.
(5) OTC drugs offered for sale in violation of this Rule shall be deemed adulterated under the provision of Code of Ala. 1975, Section 20-1-24.
Author: Reginald L. Sorrells
History
Permits Required for Food Sales Establishment; fee; duration; delinquent penalty; nontransferability of issued permits.
(1) It shall be unlawful for any person to operate a food sales establishment that sells or offers for sale any Class A food (i.e. baby food, infant formula or potentially hazardous foods) unless such person possesses a valid food safety permit issued by the Commissioner of Agriculture and Industries. A food safety permit will be required for each business location and shall not be transferable with respect to person, food sales establishment, or location. Food sales establishments that are sold will require that the new owner apply for and obtain a new food safety permit.
(2) Any person who operates a food sales establishment shall apply for and obtain from the Commissioner annually a food safety permit on forms furnished for this purpose accompanied with the annual fee of fifty dollars ($50). Such permit fee shall not be refundable or prorated. All permits shall expire on June 30 and shall be renewed by July 1 upon payment of the annual permit fee and upon compliance with requirements of this chapter and Chapter 1, Title 20, Code of Ala. 1975, as amended. If the permit fee is not paid by August 1 or within 31 days from date on which the fee is due, a delinquent penalty of 15% shall be added to the amount due.
(3) The food safety permit shall be kept posted by the proprietor in a conspicuous place within the food sales establishment but shall remain the property of the Department of Agriculture and Industries.
Author: Reginald L. Sorrells
History
(1) An "Equivalent number" shall be determined using a factor that takes into account the number of packages, case lots, containers or such other packaging and the length of time said products have passed an expiration date. The following factors shall be used to determine an "equivalent number":
(a) For each package that has passed the expiration date by four to seven days the factor would be 0.75
(b) For each package that has passed the expiration date by eight to fourteen days the factor would be 1
(c) For each package that has passed the expiration date by greater than fourteen and less than 30 days the factor would be 1.5
(d) For each package that has passed the expiration date by 30 days or more the factor would be 2
(2) The equivalent number shall be determined by multiplying the number of out-of-date packages by the appropriate factor as specified in paragraph "(1)" of this rule. An equivalent number shall be determined for each of three primary retail display areas, (Meat, Dairy, Baby Food and Infant Formula), as well as the equivalent number for the aggregate of all three areas. The following criteria shall be used in determining classes of violations for products offered for sale in retail establishments:
(a) Class I Violations: If each of the three areas have an "equivalent number" less than 20, and the aggregate of all three areas is less than 35, no civil penalty is required. A warning letter may be issued if the "equivalent number" is more than 10 and less than 20 in any of the three categories.
(b) Class II Violations: If any of the three areas have an "equivalent number" equal to or greater than 20 and less than 40 the violation is considered a Class II violation. If the total of all three areas result in an "equivalent number" equal to or greater than 35 and less than 105 the violation is considered a Class II violation.
(c) Class III Violations: If any of the three areas have an "equivalent number" equal to or greater than 40 and less than 80 the violation is considered a Class III violation. If the total of all three areas result in an "equivalent number" equal to or greater than 105 and less than 130 the violation is considered a Class III violation. Subsequent Class II violations within a one year period shall also result in a Class III violation.
(d) Class IV Violations: If any of the three areas have an "equivalent number" equal to or greater than 80 the violation is considered a Class IV violation. If the total of all three areas result in an "equivalent number" equal to or greater than 130 the violation is considered a Class IV violation. Subsequent Class III violations within a one year period shall also result in a Class IV violation. Products deemed misbranded are considered a Class IV violation. More than ten packaged items offered for sale at retail without proper labeling to include ingredient statements and/or cure ingredients is a Class IV Violation and will result in a warning letter. Subsequent labeling violations will result in a penalty administered as a Class IV violation. Obscuring, removing, or extending existing open date statements shall be considered as misbranding and therefore a Class IV violation.
(e) Class V Violations: Subsequent Class IV violations within a one year period shall result in a Class V violation. Products found to be adulterated are considered a Class V violation. Adulterated products with food safety concerns of an immediate nature will be subject to penalties on the first violation. If a determination is made by the Department that an establishment is involved in the practice of buying short-dated or date-expired Class A foods and by intent or neglect offers for sale date-expired products the actions by the establishment shall be considered a Class V violation.
(3) The same provisions in paragraph "(1)" of this rule used to determine equivalent numbers shall be used in the assessment of class violations as set forth herein for wholesale packages except that: the unit (package) through which the product is offered for sale shall constitute one package, i.e. case lots, large containers, etc. If the equivalent number is exceeded, the penalty shall be assessed in the appropriate class of violation. The following criteria shall be used in establishing class violations for wholesale packages:
(a) Class I Violations: (Wholesale distribution packages) If the out-of-date products have an "equivalent number" less than 5, no civil penalty is required. A warning letter may be issued if the "equivalent number" is more than 1 and less than 5.
(b) Class II Violations: (Wholesale distribution packages) If the out-of-date products have an "equivalent number" equal to or greater than 5 and less than 20 the violation is considered a Class II violation.
(c) Class III Violations: (Wholesale distribution packages) If the out-of-date products have an "equivalent number" equal to or greater than 20 and less than 40 the violation is considered a Class III violation. Subsequent Class II violations within a one-year period shall also result in a Class III violation.
(d) Class IV Violations: (Wholesale distribution packages) If the out-of-date products have an "equivalent number" equal to or greater than 40 the violation is considered a Class IV violation. Subsequent Class III violations within a one year period shall also result in a Class IV violation. Products deemed misbranded are considered a Class IV violation. Obscuring, removing, or extending existing open date statements shall be considered as misbranding and therefore a Class IV violation.
(e) Class V Violations: Subsequent Class IV violations within a one year period shall result in a Class V violation. Products found to be adulterated are considered a Class V violation. Adulterated products with food safety concerns of an immediate nature will be subject to penalties on the first violation.
Authors: Reginald L. Sorrells, Robert J. Russell
History
(1) In addition to the terms listed in § 20-1-20 (definitions) for (14) open-date-statements, the following list of terms and other terms with similar import, shall also be included and considered as open-date statements:
(a) "For full fresh flavor use by"
(b) "For best quality purchase and use by date shown"
(c) "Use/freeze by"
(d) "Prepare or freeze by"
(e) "For wholesome great taste, serve before date stamped below"
(f) "Best when purchase by date"
(g) "Best if sold by"
(h) "Best used by"
(i) "Product expiration"
(j) "Expiration date"
(k) "Best by"
(l) "Best before"
(m) "Best when purchase by"
(n) "Use before"
(o) "Use by"
(p) "Full freshness until date shown when stored unopened at 40 or below"
(q) "Prepare by"
(r) "Fresh until"
(s) "Use or freeze by"
(t) "Sell or use by"
(u) "Freshness through"
Author: Reginald L. Sorrells
History
(1) Potentially Hazardous Food as defined in subparagraph 1-201.10(B)(61) Food Code, 1999 recommendations of the United States Public Health Service Food and Drug Administration, National technical Information Service Publication PB 99-115925 and the same is hereby adopted and fully set out herein for reference:
(2) "Potentially Hazardous Food.
(a) "Potentially hazardous food" means a FOOD that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
(i) The rapid and progressive growth of infectious or toxigenic microorganisms;
(ii) The growth and toxin production of Clostridium botulinum; or
(iii) In raw shell eggs, the growth of Salmonella Enteritidis.
(b) "Potentially hazardous food" includes an animal FOOD (a FOOD of animal origin) that is raw or heat-treated; a FOOD of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; or garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under Subparagraph (a) of this definition.
(c) "Potentially hazardous food" does not include:
(i) An air-cooled hard-boil egg with shell intact;
(ii) A FOOD with an aw value of 0.85 or less;
(iii) A FOOD with a pH level of 4.6 or below when measured at 24° C (75° F);
(iv) A FOOD, in an unopened HERMETICALLY SEALED CONTAINER, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;
(v) A FOOD for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. botulinum can not occur, such as a FOOD that has an aw and a pH that are above the levels specified under Subparagraphs (c) (ii) and (iii) of this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
(vi) A FOOD that does not support the growth of microorganisms as specified under Subparagraph (a) of this definition even though the Food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness."
Author: Reginald L. Sorrells
History
(1) The following includes, but for enforcement purposes, is not limited to, a list of examples considered to be potentially hazardous foods, and some exceptions.
(a) All Meat products requiring refrigeration to include but not limited to the following:
Fresh or frozen raw meats (poultry, beef, pork, exotics)
Ready to eat cooked meats (fresh or frozen) any specie
Cured meats that require refrigeration
Cooked or heat treated meats that require refrigeration
Processed sausage products that require refrigeration
Fresh refrigerated or frozen chili products
Sandwiches containing meats or other potentially hazardous foods
Seafood
Shellfish
Smoked fish that requires refrigeration
Fish (fresh or frozen)
Fresh or frozen entrees that contain meat
Lunchables (variety packs of meats plus)
Meat salads such as chicken salad, tuna salad, ham salad
(b) Dairy Products requiring refrigeration to include but not limited to the following:
Yogurt
Low fat yogurt
Non fat yogurt
Milk (all forms)
Lactose reduced milk
Acidophilus milk
Chocolate milk
Buttermilk
Cream
Cottage cheese
Sour cream
Salad dressing containing dairy products and requiring refrigeration
Eggnog
Half and half
Cream cheese
Pimento cheese
Pudding that requires refrigeration
Ricotta cheese
Dips with dairy products or meat products that require refrigeration
Butter
Ice cream
Sherbet
Ice milk
Frozen dessert that contains dairy items that requires temperature control
Frozen yogurt
Imitation ice cream
Non fat ice cream
Shake mix
Yogurt mix
Non-dairy mix
Frozen desert mix
Novelty items that contain ice cream type products
Pies that contain eggs or dairy products and require refrigeration
Cheese cakes
Fresh or frozen pastries that contain meat or eggs and require refrigeration
Soft cheese (Brie, Camembert, Teleme)
(c) Egg products requiring refrigeration to include, but not limited to the following:
In shell raw eggs
Egg whites
Egg beaters and similar products
Egg substitutes
Pasta containing eggs that require refrigeration
Eggnog
(d) Items of food that may be excluded from a criteria of potentially hazardous foods include but are not limited to the following:
Chocolate drinks (no milk fat or significant dairy items)
Flavored drinks (no milk fat or significant dairy items)
Biscuits
Margarine
Cookie dough
Jello
Spreads
Cool whip
Shelf stable meat items
(i) canned meat products that do not require refrigeration
(ii) dry cured items that do not require refrigeration
(iii) jerky type meat items that do not require refrigeration
(iv) fermented meat items that do not require refrigeration
Shelf stable ultra pasteurized milk that doesn't require refrigeration
Bakery desserts (cinnamon rolls etc. That may be refrigerated)
(e) Items of cheese that may be excluded from a criteria of potentially hazardous foods include but are not limited to the following:
Asiago
Cheddar
Gruyere
Parmesan
Reggiano
Romano
Sap Sago
Blue
Brick
Caciocavallo Siciliano
Colby
Edam
Gorgonzala
Gouda
Limburger
Monterey
Monterey Jack
Pasteurized process cheese
Imitation cheese
Provolone
Swiss
Emmentaler
Roquefort
Author: Reginald L. Sorrells
History
(1) Packages of potentially hazardous foods bearing an open date statement are not to be repacked or relabeled or otherwise altered in a manner that would change the open date statement originally placed on the package. It is not permissible to reprocess products by freezing, slicing, grinding, cubing, dicing, marinating, chopping, or other similar methods unless the original open date statement is maintained on the product label.
(2) In the case of smoking, curing, fully cooking or conversion to a shelf stable product through drying or fermentation of fresh or frozen in-date raw meat products, it may be acceptable to alter the original open date statement that had been listed on the original product. Provided, however, that in these special situations an appropriate date shall be placed on the product after completion of the process.
(3) Any rule in this chapter to the contrary not withstanding, meat products bearing an open-date statement may be frozen and sold after the original expiration date only if all the following stipulations are met:
(a) The product is a fresh or raw meat product that is frozen prior to the expiration of the open-date statement.
(b) The product is labeled "Frozen on ___________," with the month, day, and year the product is frozen in the blank.
(c) The original open-date statement is maintained on the product package.
(d) If offered for sale at retail, the product is frozen and labeled and sold only to a household consumer by the same establishment that originally offered the product for retail sale.
(e) If offered for sale at wholesale (i.e., warehouse, manufacturer, or distributor) the product is frozen and labeled and sold only to the end user (i.e., consumer, restaurant, or hotel). Provided however that consumer ready packages of fresh or raw meat can be sold to retail establishments if all other provisions of this rule are followed and each package is properly labeled.
(f) Products frozen before the expiration of the open- date statement may not be thawed or further processed in any manner.
(g) All products properly frozen and labeled must also maintain the safe handling labels as mandated through USDA.
(h) Products not properly labeled, re-labeled or exempted as set forth in (a) through (h) of this rule shall be deemed date expired and shall be included in the equivalent number utilized to determine the applicable class of violation as determined by Rule No. 80-1-22-.32.
(i) Nothing in this paragraph (3) of Rule 80-1-22-.36 shall preclude a manufacturer or wholesaler or retailer from having more stringent requirements for their products. Nothing in this paragraph is intended to negate the agreement between sellers of these products concerning guarantees or credit for expired products.
(4) It is not permissible to freeze, sell, or offer for sale any ready-to-eat meat product after the expiration of the open-date statement. It is not permissible to freeze, sell, or offer for sale a product having the appearance of a ready-to-eat meat product (e.g., smoked sausages and smoked hams) after the expiration of the open-date statement unless such product bears labeling to include safe handling statements and proper cooking instructions.
Authors: Reginald L. Sorrells, Robert J Russell
History
Information affixed to containers of meat and poultry food products and case lots of other food products that is not a part of the approved label and is not intended to address quality or condition of the product such as pic labels, routing slips, tracking stickers and similar devices that are intended to provide only shipping data are considered exempt from the dating requirements of the Alabama Safe Foods Act of 2000, except when the commissioner determines such information is subject to be displayed at the retail level and may mislead consumers.
Author: Reginald L. Sorrells
History
(1) These rules apply to the initiation, hearing and resolution of certain contested cases of the State Department of Agriculture and Industries under the Alabama Administrative Procedure Act. These rules apply to actions governed by Code of Ala. 1975, §§ 20-1-1 through 20-1-37 and rules promulgated thereunder. These rules do not apply to actions governed by Code of Ala. 1975, § 2-2-18, or rules promulgated thereunder or actions governed under other specific rules of the State Board of Agriculture and Industries.
History
(1) Service of any document required to be served on a food safety permittee or other party pursuant to the provisions of the Administrative Procedure Act in those contested cases, Code of Ala. 1975, §§ 41-22-1, et seq., taken under these rules may be made by any of the following methods unless a specific method is required by law:
(a) by certified mail, return receipt requested; or
(b) by any sheriff or another person authorized to make service of process in civil proceedings; or
(c) by any representative of the Department of Agriculture and Industries; or
(d) by any other method allowable under the Alabama Rules of Civil Procedure as such may be amended.
(2) If service of process is refused or unclaimed, and the certified mail receipt or the return of the person serving process so indicates, the Department may serve the document by first-class mail addressed to the permittee or other person at his last known address as shown in the Department records. Service shall be deemed complete three (3) days after the depositing of same in the United States mail.
(3) Where the rule does not require "service," documents may be mailed by first-class mail or hand-delivered.
Author: Reginald L. Sorrells
History
Time within which an Act must be done under the provisions of these rules shall be computed in the manner prescribed by Code of Ala. 1975, § 1-1-4.
Author: Reginald L. Sorrells
History
(1) A contested case is an action whereby a food safety permittee or prospective permittee, or other affected person is aggrieved by an action of the staff of the Department of Agriculture and Industries. Such actions include: the granting or denial of food safety permits; the change in status of a permit; or revocation, suspension or modification of a permit.
(2) An action to revoke, suspend, or modify a food safety permit by the Department shall be initiated by the service of a notice of intent to revoke, or modify, or suspend the permit or to take other adverse action on the permittee.
(3) Contested cases initiated by the permittee, or prospective permittee shall be initiated by the filing of a notice of appeal with the Department's General Counsel with filing of a copy upon the Department. The notice of appeal must be filed with the General Counsel within 15 days of the unfavorable determination by the Department. Failure to timely file a notice of appeal with the General Counsel waives the right of appeal and the determination becomes final.
(4) Contested cases initiated by an affected party other than the permittee, or prospective permittee, or the Department shall be so initiated by the filing with the General Counsel of a notice of appeal of an administrative decision by the staff of the Department within 15 days of the issuance of such staff decision. Copies of such notice of appeal shall be served on the permittee or prospective permittee and any other affected parties. Failure to timely file a notice of appeal waives such person's right of appeal.
(5) The General Counsel will schedule a hearing not less than 15 days nor more than 35 days from the filing of the notice of a contested case unless a different time is required by statute or unless the parties agree to a time. Continuances will be granted for good cause.
(6) Upon scheduling the hearing, the General Counsel shall send written notice to all parties. The notice shall include at a minimum, the following:
(a) a statement of the time, place and nature of the hearing;
(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;
(c) a reference to the particular sections of the statutes and rules involved; and
(d) a plain statement of the factual matters asserted.
Author: Reginald L. Sorrells
History
The only evidence that the Hearing Officer shall consider in making a finding of shall be sworn testimony and exhibits accepted in the hearing or as otherwise agreed upon among the parties.
(a) Hearsay Evidence. Hearsay testimony shall be allowed in any hearing so long as it has probative value as justice required in the opinion of the hearing officer.
(b) Affidavits and other Written Evidence.
Affidavits shall be admissible in any hearing so long as they have probative value and the affiant, for reasons of impossibility or impracticality, cannot be present for testimony at the hearing. The burden of impossibility or impracticality shall be upon the offerer of the affidavit.
Signed letters from physicians on the physician's letterhead shall be considered as an affidavit.
(c) Depositions. A deposition where all parties have been given notice of the taking of the deposition shall be admitted if any party so requests subject to standard evidentiary objection properly preserved during the deposition.
(d) Official Notice. All statutes of the United States and of the State of Alabama and all published rules and regulations of federal agencies, the State Board of Agriculture and Industries or of other Alabama administrative agencies shall be deemed admissible by mere identification of the statute or published rules or regulations.
(e) Admissibility. All evidence, whether documentary or ore tenus, to be admissible, shall be germane, material and relevant to the issues brought out by the complaint, answer or notice of hearing. Evidence that might otherwise be germane, material or relevant, if found to be repetitious, may, at the discretion of the hearing officer, be disallowed.
(f) Documentary Evidence. Any document or a legible copy of said document shall be admissible if the document or copy shall be proven to be a part of the business or personal records of any party, person, company or other legal entity.
(g) Witnesses. The hearing officer shall upon request of a party issue subpoenas to compel any person to testify under oath at any hearing in the same manner as in the civil courts. Employees of the State Department of Agriculture and Industries shall be made available for testimony upon timely request of a party. The refusal of any witness to testify may be considered evidence.
Author: Reginald L. Sorrells
History
(1) Upon timely application therefor filed with the General Counsel, any affected person shall be permitted to intervene in any hearing to contest an administrative action of the Department when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the hearing as distinguished from a public interest and the representation of the interest of the applicant by persons already made parties is inadequate.
(2) An application to intervene shall contain:
(a) the name, mailing address, and telephone number of the applicant;
(b) a short and plain statement identifying the administrative action of the Department being contested and, if possible, the name of the person who filed the request for a hearing to contest such action;
(c) a short and plain statement of the grounds for the application, including reference to any statute which confers an unconditional right to intervene or a statement of the individual interest of the applicant in the outcome of the hearing and a statement of why the representation of the interest of the applicant by persons already parties in the hearing is adequate; and
(d) the name, mailing address, and telephone number of the applicant's attorney, if represented by an attorney.
(3) Within five days after the filing of an application to intervene in any hearing to contest an administrative action of the Department, the General Counsel shall mail a copy of such application to each of the parties.
Author: Reginald L. Sorrells
History
The Commissioner of Agriculture and Industries may order consolidation, in whole or in part, of two or more hearings to contest an administrative action of the Department whenever it appears that such consolidation would expedite or simplify consideration of the issues and no party would be prejudiced thereby.
Author: Reginald L. Sorrells
History
Informal settlement conferences before the staff of the Department of Agriculture may be held in an attempt to resolve contested cases. Such informal settlement conferences shall not be of record and shall not be adversarial in nature but shall be utilized to resolve the contested case prior to formal hearings for the record.
Author: Reginald L. Sorrells
History
(1) A hearing officer appointed by the Commissioner of Agriculture and Industries shall preside at contested food safety case hearings. The hearing officer shall serve as trier of fact.
(2) All parties will be afforded an opportunity to respond and present witness and evidence and argument on all material issues involved and to be represented by counsel at their own expense. The Department will be represented by the General Counsel or his designee.
(3) If a party fails to appear in a contested case proceeding after proof of proper service of notice, the hearing officer may proceed with the hearing and make a decision in the absence of the party.
(4) The hearing officer shall conduct the evidentiary hearing substantially as follows:
(a) open the record and receive appearances;
(b) direct the giving of oaths;
(c) receive testimony and exhibits presented by the parties;
(d) interrogate witnesses, if deemed necessary;
(e) rule on motions and objections;
(f) require oral arguments and submission of briefs and other authority when necessary;
(g) close the proceedings; and
(h) prepare written findings of fact and conclusions of law and present them, with a recommendation and proposed order, together with the complete record, to the Commissioner of Agriculture and Industries.
(5) The burden of going forward with the evidence shall be upon the party initiating the contested case proceedings who may open and close the evidentiary portion of the proceedings.
(6) The proceedings of the evidentiary hearing shall be recorded and transcribed by a certified court reporter. Such record shall be submitted by the hearing officer to the Commissioner of Agriculture and Industries as a part of the record of the hearing.
Author: Reginald L. Sorrells
History
(1) On presentation of the hearing officer's findings of fact and conclusions of law, recommendation and proposed order, the General Counsel will mail copies to each party.
(2) The parties will have 15 days from the date of mailing in which to present to the Commissioner of Agriculture and Industries written objections to the proposed order, alternative language or briefs. The Commissioner of Agriculture and Industries, in his discretion, may permit oral argument.
(3) Upon receiving the hearing officer's findings of fact and conclusions of law, recommendation, proposed order and the complete hearing record, and the parties' objections, alternative language, briefs and oral argument, if allowed, the Commissioner of Agriculture and Industries will enter his order which may accept, reject, or modify the proposed order of the hearing officer.
Author: Reginald L. Sorrells
History
The Department of Agriculture and Industries shall utilize the contested case procedure in this chapter to take any adverse action on any food safety permit.
(a) Such adverse permit actions shall be initiated by notices served on the affected permittee as provided in Rule 420-1-3-.02 except that revocation and suspension actions shall be served only by registered or certified mail, return receipt requested. Such notice shall include the charges and specifications including a description of the grounds for the proposed action and the date, place and time of the meeting at which such proposed adverse action shall be heard. Notices shall be served at least 30 days prior to the date of the hearing.
(b) Permittees shall be provided an opportunity to respond in writing and/or orally. Permittees may be represented by legal counsel and may present evidence in their defense. The staff of the State Department of Agriculture and Industries and the permittee may present and cross-examine witnesses and the hearing officer may examine and cross-examine witnesses.
(c) The burden of proof rests with the staff of the Department of Agriculture and Industries.
(d) Revocation and suspension proceedings shall be recorded by a certified court reporter. All other proceedings may, but shall not necessarily be recorded by a certified court reporter. Such proceedings may, as an alternative, be recorded by tape recorder or other electronic means or by stenographic notes or summaries prepared by the staff, so long as such summaries adequately and accurately reflect the testimony before the hearing officer.
(e) The hearing officer shall, upon completion of such hearing, make findings of fact on all adverse action and shall make recommendations to the Commissioner of Agriculture and Industries which shall consider such recommendations and shall reverse, affirm, or modify the recommendations of the hearing officer.
Any permittee aggrieved by an order of the Commissioner of Agriculture and Industries who desires to have the same modified or set aside may, within 15 days after the entry of the order, file an application for rehearing, which shall specify in detail the grounds for the relief sought therein and the authorities in support thereof.
The filing of such an application for rehearing shall not extend, modify, suspend or delay the effective date of the order, and said order shall take effect on the date fixed by the Commissioner of Agriculture and Industries and shall continue in effect unless and until said application shall be granted or until said order shall be superseded, modified, or set aside in a manner provided by law.
Such application for rehearing will lie only if the final order is:
(i) In violation of constitutional or statutory provisions;
(ii) In excess of the statutory authority of the Commissioner of Agriculture and Industries;
(iii) In violation of a rule of the State Board of Agriculture and Industries;
(iv) Made upon unlawful procedure;
(v) Affected by other error of law;
(vi) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(vii) Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
Copies of such application for rehearing shall be served on all parties of record, who may file replies thereto.
Within 30 days from the filing of an application, the Commissioner of Agriculture and Industries may in his or her discretion issue an order:
(i) Setting a hearing on the application for a rehearing which shall be heard as soon as practicable; or
(ii) With reference to the application without a hearing; or
(iii) Granting or denying the application.
If the Commissioner of Agriculture and Industries enters no order whatsoever regarding the application within the 30-day period, the application shall be deemed to have been denied as of the expiration of the 30-day period.
In no event shall a party be required to file an application for rehearing as a condition of applying for judicial review.
Author: Reginald L. Sorrells
History
To conduct inspections on farms, packing houses, holding and storage facilities according to rules established by the Food Safety Modernization Act (FSMA), Product Safety Rule (PSR) in Alabama, the following U.S. Food and Drug Administration regulations are incorporated by references and shall be enforced by the Alabama Department of Agriculture and Industries: 21 C.F.R. Part 112, Sections §112.1 - § 112.213.
History
The purpose of this regulation is to provide procedures and rules that are to be followed to control, identify and eradicate brucellosis in cattle and swine, including testing, handling and various responsibilities of markets, testers and individuals.
Author: Charles H. Barnes
History
Animal Industry Regulation No. 1, dated November 10, 1981, which was amended on February 12, 1982, is amended by this regulation. That regulation entitled Rules and Regulations for the Eradication Of Brucellosis and Bangs Disease in Cattle as amended, dated January 4, 1980, is specifically repealed and all other regulations, or any part thereof, in conflict with these rules shall be deemed to have been repealed by the following rules.
Author: Charles H. Barnes
History
The State Board of Agriculture and Industries, under the provisions of Code of Ala. 1975, § 2-15-192, hereby authorizes the Commissioner of Agriculture and Industries and the State Veterinarian to conduct a brucellosis eradication program in all counties or areas in the state. They are also authorized and empowered to quarantine the movement of cattle and swine into and within any designated county or area in the State of Alabama in order to establish such a brucellosis eradication program, and to do any and all other acts, or take any and all other steps necessary to accomplish these ends.
Author: Charles H. Barnes
History
When it is determined by the State Veterinarian that it is necessary to test a herd of cattle to determine whether or not brucellosis is present, the owners of cattle therein shall be responsible for the following:
(a) Submit all cattle over six months of age, except steers, for a blood test or vaccination for brucellosis as may be required and as often as deemed necessary by the State Veterinarian and the United States Department of Agriculture, Animal and Plant Health Inspection;
(b) Be responsible for the penning and restraining of all cattle for blood samples to be drawn or vaccinations to be administered;
(c) Submit all cattle which react to the agglutination test for brucellosis for branding with the letter B not less than two inches high on the left jaw and remove all such reactors from the herd within 15 days after having been classified as reactors;
(d) Isolate and hold in strict quarantine, unless retested and passed, all cattle classed as suspects;
(e) Sell all brucellosis reactors for immediate slaughter;
(f) Clean and disinfect, under supervision of the State Veterinarian or his authorized representative, the premises on which reactors were kept immediately following the removal of such reactors.
Author: Charles H. Barnes
History
(1) All cattle which react to the brucellosis test shall be branded with heat, the letter B not less than two inches high on the left jaw, and identified by a reactor tag placed in the left ear, and sold for slaughter after tagging and branding.
(2) Herds known to be infected with brucellosis shall be quarantined and no animal shall be moved from such herds, except on permit from the State Veterinarian or his authorized agent. The quarantine shall remain in effect until three consecutive negative herd tests are obtained, with the last testing being not less than six months after removal of the last reactor.
(3) Reactor animals shall be sold for immediate slaughter only to approved slaughtering establishments approved to receive reactor animals, except, however, reactor animals may be moved enroute to slaughter through livestock markets approved to handle such animals.
(4) Cattle which react to the brucellosis test must be held in strict quarantine in livestock markets or elsewhere, separate and apart from animals not known to be infected with brucellosis.
(5) All premises where cattle are found to react to the brucellosis test shall be cleaned and disinfected where practicable to do so under the supervision of a representative of the State Veterinarian at the expense of the owner.
(6) All brucellosis testing shall be done by the state-federal brucellosis laboratories, except, however, qualified veterinarians, and regular paid state or federal employees may be authorized by the State Veterinarian to conduct brucellosis tests for certain purposes when samples and test results are forwarded to the state-federal laboratory for confirmation.
Author: Charles H. Barnes
History
Indemnity may be paid to owners of cattle that have been condemned and slaughtered because of tuberculosis, paratuberculosis, or brucellosis when the entire herd of such owners has been placed under an eradication program, or when the herd is tested under an area eradication program, and the requirements of Rule 80-3-1-.07 have been met.
Author: Charles H. Barnes
History
Cattle which react to the test for brucellosis in order to be eligible for indemnity shall be reported in accordance with Title 9, Subchapter B, Part 51, of the Code of Federal Regulations as now written or as may hereafter be revised or amended; except, however, §§51.5(a) and 51.6(c) of said Part 51 shall be discretionary with the State Veterinarian with respect to time limitations for identification and destruction of such cattle so long as it does not adversely affect the brucellosis eradication program. Cattle which react to the test for tuberculosis or paratuberculosis in order to be eligible for indemnity shall be reported in accordance with Title 9, Subchapter B, Part 50, of the Code of Federal Regulations as now written or as may hereafter be revised or amended.
Author: Charles H. Barnes
History
(1) All dairy herds that react suspiciously to the brucellosis milk ring test shall be subjected to a blood test of the entire herd within 30 days of the test.
(2) All herds in which the State Veterinarian has reason to believe that brucellosis exists or that have been exposed to brucellosis shall be subjected to a blood test of the entire herd.
Author: Charles H. Barnes
History
(1) To be official and accepted, female calves kept for breeding purposes must be vaccinated against brucellosis when said calves are between the ages of four and ten months, using a U.S.D.A. Veterinary Biologics licensed Brucella abortus vaccine approved by the State Veterinarian.
(2) Only brucella abortus vaccine approved by the State Veterinarian shall be used and no brucella abortus vaccine shall be sold or used in the State of Alabama unless the sale or use of such vaccine is authorized by the State Veterinarian. No brucella abortus vaccine shall be imported or caused to be imported into Alabama unless such importation shall be authorized by the State Veterinarian.
(3) All calves which are officially vaccinated shall be identified by tattooing in the right ear the letter V (which shall be a shielded V furnished by the State of Alabama or the federal government), preceded by the number representing the quarter of the year, and followed by the last figure of the year. For example, 4V8 would mean that the calf was officially vaccinated in the last quarter of 1978.
Author: Robert J. Russell
History
(1) All bulls and female cattle 18 months of age or older, and female cattle that are springers that arrive at livestock markets in Alabama from farms shall be identified by official backtag as required in Title 9, Code of Federal Regulations, Part 71.18 . All bulls and female cattle 18 months of age or older that arrive at slaughtering plants in Alabama from farms shall be identified to the farm of origin and handled according to Title 9 Code of Federal Regulations, 310.2 (9 CFR 310.2).
(2) No person or persons, except those authorized by the State Veterinarian or Federal Veterinarian in charge, shall remove an official backtag from any animal. All blood samples taken shall be forwarded by the veterinarian or person doing the bleeding to the approved laboratory, whether or not previously tested, for brucellosis testing as deemed necessary by the State Veterinarian. Cattle may also be identified by any other method as may be prescribed by the State Veterinarian.
(3) All cattle 18 months of age or older except steers and spayed heifers returning to farms from a livestock market, shall originate from a Certified Free State or Certified Free Herd or to be tested negative to an official brucellosis test.
(4) Brucellosis reactor cattle revealed on tests at livestock markets shall be handled as provided under Rule No. 80-3-1-.05.
(5) Exposed cattle are bulls and females over six months of age that are part of an infected group or consignment of cattle or that have been in contact with a brucellosis animal in marketing channels for more than 24 hours. They shall be handled as set out below. Exposed cattle revealed in marketing channels may be returned to the farm of origin under quarantine for further testing. All exposed cattle not returning to herd of origin shall be identified by branding with heat, the letter "S" on the left jaw. Cattle branded "S" shall only move under permit to slaughter or to a quarantine feedlot meeting the requirements of the Code of Federal Regulations, Title 9, Part 78 ( 9 CFR 78).
(6) It shall be the responsibility of livestock markets and slaughtering establishments to carry out subsections (1) and (5) of this Rule. The cost of blood sample collection for brucellosis tests required by subsections (1) and (5), shall be borne by the Alabama Department of Agriculture and Industries or the United States Department of Agriculture, Animal and Plant Health Inspection Service, to the extent that funds are available. The cost of blood sample collection under subsections (1) and (5) shall be borne by the seller of the cattle tested when federal and/or State funds are not available for this purpose.
Author: Reginald L. Sorrells
History
(1) A permit, to be obtained from the State Veterinarian as described in the Brucellosis Eradication Recommended Uniform Methods and rules of the Animal and Plant Health Inspection Service, United States Department of Agriculture, must first be obtained for any test-eligibility cattle entering Alabama.
(2) Code of Ala. 1975, § 2-15-155, states, in substance, that all livestock brought into the state must be accompanied by a certificate of health made by a qualified veterinarian reflecting that the livestock are free from disease. The above required certificate of health, to be accepted by the State Veterinarian, accompanying bulls and female breeding cattle, over 18 months of age, besides being identified by ear tag, tattoo, brand, or other acceptable permanent means, must also reflect on the health certificate one of the following:
(a) They originated directly from officially certified brucellosis free herds; or
(b) They originated from certified brucellosis-free or modified certified brucellosis areas and are not under quarantine for brucellosis and are negative to an official test for brucellosis within 30 days of entry; or
(c) They are official vaccinates of the beef breeds under 24 months of age and other breeds under 20 months of age which are not parturient or post-parturient, and originate from herds not under quarantine; or
(d) They originated from a qualified herd in a noncertified area for which the state has records showing that the herd has been tested for brucellosis in accordance with the procedures for herd tests initial modified certified brucellosis status specified in the Uniform Methods and Rules and that the animals being imported have a negative brucellosis test within 30 days of entry; or
(e) They are bulls or females under 18 months of age.
(3) The above required certificate of health, to be accepted by the State Veterinarian, accompanying male and female swine, besides being identified by ear tag, tattoo, brand, ear notch, or other acceptable permanent means, must also reflect on the health certificate one of the following:
(a) They originated directly from officially validated brucellosis-free herds, or
(b) They originated from a herd not under quarantine for brucellosis and are negative to an official test for brucellosis within 30 days of entry, or
(c) They are swine under six months of age.
Author: Charles H. Barnes
History
Parts I, II, III, IV, V, and VI of the Brucellosis Eradication Recommended Uniform Methods and Rules of the Animal and Plant Health Inspection Service, United States Department of Agriculture, as they are now written or as same may hereafter be revised or amended, are hereby expressly adopted by reference thereto as a part of these regulations and said above federal rules shall be complied with and followed to the extent that they do not conflict with the provisions of this regulation. In the case of conflict between this regulation and the above federal rules, this regulation shall prevail.
Author: Charles H. Barnes
History
All movement of cull sows and cull boars in Alabama for slaughter, or for sale for slaughter, shall be identified to the herd of origin, by the State Veterinarian or his authorized representative by approved tattoo or official back tag applied to the back of each swine at the farm or place of origin, the slaughtering establishment, or the livestock market, prior to the time the above swine are mixed with other swine from any other source.
Author: Charles H. Barnes
History
When it is determined by the State Veterinarian that it is necessary to test a herd of swine to determine whether or not brucellosis is present, the owner of swine shall be responsible for the following:
(a) Submit all breeding swine (sows and boars) over six months of age for a blood test for brucellosis as may be required and as often as deemed necessary by the State Veterinarian.
(b) Be responsible for the penning and restraining of all swine for blood testing.
(c) Remove all reactors from the herd as specified in a written herd plan.
(d) Sell all brucellosis reactors for immediate slaughter.
(e) Clean and disinfect as deemed necessary by the State Veterinarian the premises where reactors were kept prior to removal.
Author: Charles H. Barnes
History
(1) Herds of swine known to be infected with brucellosis shall be quarantined and no animal shall be moved from such herds except on permit from the State Veterinarian or his authorized agent. The above quarantine shall remain in effect until:
(a) The entire herd is sold for slaughter and cleaning and disinfecting of houses and equipment has been accomplished, and 60 days has elapsed since the sale of all swine from premises; or
(b) There are two consecutive negative herd blood tests. The first negative test must be at least 30 days after all reactors have been removed and slaughtered and the second test must be at least 90 days after the first test.
(2) Reactor swine shall be identified with a reactor tag in the left ear.
(3) Reactor swine shall be sold for immediate slaughter only to approved slaughtering establishments or sold through an approved livestock market to be sent directly to slaughter.
(4) Reactor swine must be held separate at livestock markets and shall not contact swine that are allowed to return to a farm.
(5) All premises where swine are found to react to the brucellosis test shall be cleaned and disinfected when practical and shall be done under the supervision of the State Veterinarian.
(6) All brucellosis testing shall be done by the state-federal brucellosis laboratory, except, however, qualified veterinarians and state or federal employees may be authorized by the State Veterinarian to conduct brucellosis tests for certain purposes when samples and test results are forwarded to the state-federal laboratory for confirmation.
Author: Charles H. Barnes
History
Indemnity may be paid to owners of swine that have been condemned and slaughtered because of brucellosis. Amounts and requirements for indemnity are those as specified in Rules 80-3-1-.06 and 80-3-1-.07.
Author: Charles H. Barnes
History
Existence of the following conditions shall require brucellosis testing of the entire swine herd:
(a) All herds that are revealed as a result of reactors at livestock markets, and/or
(b) All herds in which the State Veterinarian has reason to believe that brucellosis exists or have been exposed to brucellosis.
Author: Charles H. Barnes
History
(1) All breeding swine (sows and boars) six months of age or older that arrive at livestock markets in Alabama from farms shall be identified by official backtag and bled for brucellosis. All breeding swine six months or older that arrive at slaughtering plants in Alabama from farms shall be identified to the farm of origin and a blood sample shall be collected at time of slaughter. The bleeding for brucellosis test requirement above may be waived if the Commissioner determines that there are insufficient funds available to conduct this test.
(2) All blood samples taken shall be forwarded by the veterinarian or person doing the bleeding to the brucellosis laboratory, whether or not previously tested, for brucellosis testing as deemed necessary by the State Veterinarian.
(3) Reactors revealed at livestock markets shall be tagged in the left ear with an official reactor tag and must be consigned to slaughter.
(4) Exposed swine in marketing channels shall be consigned to slaughter. Exposed swine are defined as follows:
(a) Other swine that are a part of a consignment in which a reactor was detected; and/or
(b) Breeding swine that had direct contact with a reactor while at the livestock market.
(5) Breeding swine (sows and boars) six months of age or older that change ownership shall be required to have passed a brucellosis test within 30 days prior to such change of ownership. Swine from validated free herds are exempt. The seller shall be responsible for having swine tested.
Author: Charles H. Barnes
History
Code of Ala. 1975, § 2-15-155, states, in substance, that all livestock brought into the state must be accompanied by a certificate of veterinary inspection made by a qualified veterinarian reflecting that the livestock are free from disease. The above required certificate of veterinary inspection, to be accepted by the State Veterinarian, accompanying sows and boars, besides being identified by ear tag, tattoo, ear notch or other acceptable permanent means, must also reflect on the certificate of veterinary inspection one of the following:
(a) They originate directly from a Brucellosis Validated Free State, or
(b) The originate directly from officially validated brucellosis herds, or
(c) They originated from a herd not under quarantine for brucellosis and are negative to an official test for brucellosis within 30 days of entry, or
(d) They are swine under six months of age.
Authors: Charles H. Barnes, Reginald L. Sorrells
History
The purpose of this Chapter is to prevent the spread of Pseudorabies (Aujeszky's Disease), a contagious and infectious disease of swine by providing procedures and rules that are to be followed to prevent, control, identify and eradicate said disease. This includes testing, handling, and various responsibilities of markets, testers, and swine producers.
Author: Charles H. Barnes
History
Code of Ala. 1975, § 2-15-155, states, in substance, that all livestock brought into the state must be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian reflecting that the livestock are free from disease. The above required certificate of veterinary inspection, to be accepted by the State Veterinarian, accompanying breeding sows and feeder pigs, besides being identified by eartag, tattoo, ear notch or other acceptable permanent means, must also reflect on the certificate of veterinary inspection one of the following:
(a) Breeding and exhibition purposes:
That they originate from herds not known to have been infected with Pseudorabies within the last twelve (12) months and are negative to an official test for Pseudo-rabies within thirty (30) days of the date of entry into the state; or
They originate from a qualified pseudorabies negative herd; or
They originate directly from the farm of origin in a Stage IV or pseudorabies free state.
(b) Feeder Pigs:
That they originate in a pseudorabies qualified negative herd; or
They originate in a pseudorabies monitored feeder pig herd; or
Be shipped directly from the farm of origin in a Stage III, IV or free state; or
Be shipped to an approved all class market or approved slaughter market and sold for feeding to a quarantined feedlot.
(c) Slaughter Swine:
(i) Directly to an approved slaughter establishment; or
(ii) Directly to an approved slaughter market or approve all class market and sold to an approved slaughter establishment or quarantined feedlot;
Author: Charles H. Barnes
History
When it is determined by the State Veterinarian that it is necessary to test a herd of swine to determine whether or not pseudorabies is present, the person owning or controlling said herd shall be responsible for the following:
(a) To submit all breeding swine (sows and boars) six months of age or over for a blood test for pseudorabies as may be required and as often as deemed necessary by the State Veterinarian; and
(b) Be responsible for the penning and restraining of all swine for blood samples to be drawn or vaccinations to be administered; and
(c) Submit all swine which react to the pseudorabies test for identification with a reactor tag in the left ear and remove all test positive swine from the herd; and
(d) Sell all pseudorabies infected or reactor swine for immediate slaughter; and
(e) Isolate and hold in strict quarantine, swine revealing suspicious test results until retested and classified negative; and
(f) Clean and disinfect under supervision of the State Veterinarian or his authorized representative the premises on which reactors were kept immediately following the removal of reactor or diseased swine.
Author: Charles H. Barnes
History
(1) Swine found to be infected with pseudorabies shall be quarantined and no animal shall be moved except by permit issued by the State Veterinarian or his authorized agent.
(2) When pseudorabies infection is disclosed in a herd, a herd plan shall be outlined and agreed upon by the herd owner and the animal health official. This plan shall be in effect no later than 30 days after the herd is quarantined. The herd plan will be a written agreement signed by both parties. The purpose of the herd plan is to allow the herd owner to eliminate pseudorabies from his herd with the least possible loss to him in the shortest time frame with the least possibility of spread to other herds.
(3) Pseudorabies infected swine shall be identified with a reactor tag in the left ear.
(4) Pseudorabies infected swine shall be sold for immediate slaughter only to approved slaughtering establishments or sold through an approved livestock market to be sent directly to slaughter.
(5) Pseudorabies infected and exposed swine shall be held separate at livestock markets and shall not have contact with swine that are allowed to return to farms.
(6) All premises where swine are found to be positive to the pseudorabies test shall be cleaned and disinfected where practical to do so under the supervision of the State Veterinarian or his representative at the expense of the owner.
Author: Charles H. Barnes
History
Quarantines imposed for pseudorabies shall remain in effect until one of the following has been met:
(a) All swine on the premises have been shipped to slaughter; the premises have been cleaned and disinfected under official supervision with a disinfectant approved by the State Veterinarian or veterinary services for such use; and the premises have been maintained free of swine for 30 days; or
(b) All swine positive to an official pseudorabies serologic test have been removed from the premises and all swine, except suckling pigs, remaining are subjected to an official pseudorabies serologic test and found negative 30 days or more after removal of all swine positive to an official pseudorabies serologic test; or
(c) All swine positive to an official pseudorabies serologic test have been removed from the premises and all breeding swine which remain in the herd and a 28-head random sample of grower finishing swine over two months of age are subjected to an official pseudorabies serologic test and found negative 30 days or more after removal of swine positive to an official pseudorabies serologic test. A second negative test at least 30 days after the first is required in Stage III or IV of the pseudorabies accreditation program.
Author: Charles H. Barnes
History
(1) Herds revealing pseudorabies infection by first point testing of cull sows and boars shall require testing of the entire herd.
(2) All herds in which the State Veterinarian has reason to believe that pseudorabies exists or that have been exposed to pseudorabies shall be subjected to a test of the entire herd.
Author: Charles H. Barnes
History
(1) All breeding swine (sows and boars) six months of age or older that arrive at livestock markets in Alabama from farms shall be identified by official backtag and bled for pseudorabies. All breeding swine six months of age or older that arrive at slaughtering plants in Alabama from farms shall be identified to the farm of origin and a blood sample shall be collected at time of slaughter. The above test requirements may be waived if the Commissioner determines that there are insufficient funds available to conduct the testing.
(2) Pseudorabies infected swine revealed at livestock markets should be tagged in the left ear with an official reactor tag and must be permitted to slaughter.
(3) Pseudorabies exposed swine in marketing channels shall be consigned to slaughter. Exposed swine are defined as follows:
(a) swine that are a part of a consignment in which a reactor was detected and/or
(b) breeding swine that had direct contact with a reactor while at the livestock market.
(4) Breeding swine (sows and boars) six months of age or older that change ownership shall be required to have a negative pseudorabies test within 30 days of change of ownership. Swine from qualified negative pseudorabies free herds are exempt. The seller shall be responsible for having swine tested.
Author: Charles H. Barnes
History
The purpose of this Chapter is to provide proper methods in the handling of cattle moving through livestock markets, with evidence of that disease known as cancer eye.
Author: Charles H. Barnes
History
Cancer eye in cattle, for the purpose of this Chapter, is ocular carcinoma which is a term used clinically to designate any apparently malignant neoplastic growth involving the eye and orbital region. This is almost invariably a squamous cell carcinoma originating on the bulbar or palpebral conjunctive, eyelids, membrana nictitans, or lacrimal lake.
Author: Charles H. Barnes
History
(1) All cattle with evidence of cancer eye, when sold, shall only be moved from point of sale under permit. This permit shall only be issued for immediate slaughter to an approved slaughter establishment or to an approved rendering plant. A copy of the permit shall accompany these animals to the point of destination.
(2) The above permit shall be issued by state or federal animal health officials but an accredited veterinarian may issue the permit if the above regulatory officials are not available.
(3) If veterinarians issue the permit, it should be prepared on Form VS-1-27 and the status of the cattle shall be indicated as cancer eye. The individual animal identification (ear tag and back tag) shall also be recorded on the permit.
(4) Copies of these permits shall be distributed in the same manner as permits for brucellosis reactors and exposed cattle.
Author: Charles H. Barnes
History
The purpose of this Chapter is the establishment of rules to be used to prevent the spread of Equine Infectious Anemia (Swamp Fever) of equine animals.
Author: Charles H. Barnes
History
Those regulations entitled Livestock Sanitary Division, Equine Disease Regulation, dated March 11, 1975, and Animal Industry Division, Equine Disease Regulation, dated June 30, 1977, and all other regulations, or parts of regulations in conflict with this regulation, are repealed and withdrawn.
Author: Charles H. Barnes
History
(1) All equidae more than six months of age that enter Alabama, except for immediate slaughter, shall be accompanied by evidence of a negative test approved by the State Veterinarian for the detection of Equine Infectious Anemia performed not more than 12 months prior to entry. This information must be recorded on the official certificate of veterinary inspection.
(2) No equidae that react positive to a test for Equine Infectious Anemia shall be imported into the State of Alabama for any purpose except upon written permission of the State Veterinarian of Alabama and only then if the animals are branded and moved in accordance with Title 9, Part 75.4(c)(3) of the Code of Federal Regulations, and if the animals are maintained in quarantine as set out in this Chapter. S. Shawn Sibley
History
(1) All equine to be sold at regular scheduled sales, authorized by the Department of Agriculture and Industries, must be tested for Equine Infectious Anemia prior to said sale, with the exception of animals having an official health certificate as required by Rule 80-3-4-.03. This testing must be done by a licensed veterinarian at the expense of the seller. This testing will be completed at a laboratory approved by the State Department of Agriculture and Industries.
(2) All animals tested shall be properly identified by a mane or tail tag or other type identification authorized by the State Veterinarian. These identification markings shall not be removed by anyone unless authorized by the State Veterinarian.
(3) Complete records of each sale that are sufficient to properly trace any animal reacting positively to the above test must be maintained by the market.
S. Shawn Sibley
History
(1) Horses or other equines found positive to official test approved by the United States Department of Agriculture and State Department of Agriculture and Industries for equine infectious anemia (EIA) shall be subjected to a confirmatory retest by a regulatory veterinarian.
(2) Animals that are positive on confirmatory tests may be:
(a) Euthanized by the owner or his private veterinarian within 60 days with certification of euthanasia by an accredited veterinarian, state or federal animal health official or inspector, or
(b) Freeze-branded on the left side of the neck with the character 64A and the official number of the animal. This branding shall be carried out by a state or federal animal health official.
(3) When a previously positive animal is found negative on official confirmatory test, all equines associated with the animal on the premises (farm, pasture, or stable) shall be officially tested by a state or federal animal health official.
(4) Officially branded reactor equidae shall be put under written quarantine until destroyed or dead of natural causes. If no other horses are located within 500 yards without common shade, pasture quarantine will suffice. If there are other horses sharing a stable or farm, the positive horse shall be kept in a vector proof stall.
(5) Foals nursing reactor mares shall be considered quarantined with their dams. Weaned foals may be released if negative to EIA test approved by the State Department of Agriculture and Industries after a 90-day period of isolation from their dam and other equines.
(6) Movement of quarantined animals shall be made only on written permit by the Alabama State Veterinarian or his representative.
S. Shawn Sibley
History
All equidae six months of age or older entered in exhibitions or competitive events must have been tested for EIA with a negative result not more than 12 months prior to entry. The negative test must be from a laboratory approved by the State Department of Agriculture and Industries and recorded on a Certificate of Veterinary Inspection or an official Equine Infectious Anemia Laboratory Text form (VS Form 10-11). Records of negative test shall remain with the animal for verification purposes in accordance with this Chapter. Event officials must review official test papers of all equines entered into an event to ensure that all participating equines test negative for EIA.
S. Shawn Sibley
History
In order to prevent the spread of ANTHRAX and other contagious and infectious diseases of livestock in the State of Alabama, the following rules and regulations governing the sale, distribution and transportation of bone meal, meat scraps and tankage are hereby promulgated pursuant to the provisions of Sections 3, 5 and 27 of Act No. 694, of the Legislature of Alabama of 1947.
Author: Charles H. Barnes
History
All bone meal, meat scraps and tankage originating outside of the State of Alabama are prohibited from entering this state unless such products are produced in establishments operating under the supervision of the Bureau of Animal Industry of the United States Department of Agriculture or unless such products are produced in establishments operating under the supervision of officials charged with the enforcement of livestock sanitary laws of the state in which such products have not been stored with similar products originating in establishments not operated under the above mentioned supervision. It is further provided that bone meal, meat scraps and tankage imported from foreign countries may enter the State of Alabama provided shipment of such products have been approved by the Bureau of Animal Industry of the United States Department of Agriculture.
Author: Charles H. Barnes
History
All bone meal, meat scraps and tankage now on the premises of any feed or fertilizer manufacturer in Alabama which products have been delivered to such manufacturer since March 1, 1952, to be used for feed or fertilizer, shall be reprocessed at a temperature of not less than 220°F for a period of not less than four (4) hours and such reprocessing shall be performed under the supervision of the Department of Agriculture and Industries.
Author: Charles H. Barnes
History
All rendering plants in the State of Alabama, where dead animals are disposed of shall immediately cease selling and distributing bone meal, meat scraps and tankage until such plants have been inspected and approved by an authorized representative of the Department of Agriculture and Industries. Before rendering plants may sell or offer for sale bone meal, meat scraps and tankage, such plants must comply with the provisions of Rule 80-3-5-.03 and all other requirements of the Animal Industry Division of the Department of Agriculture and Industries governing the operation of rendering plants in Alabama.
Author: Charles H. Barnes
History
The sale of all bone meal, meat scraps and tankage originating within the State of Alabama is hereby prohibited unless such products are processed at a temperature of not less than 220°F for a period of not less than four (4) hours.
Author: Charles H. Barnes
History
In addition to the foregoing requirements, no bone meal, meat scraps or tankage may be sold in the State of Alabama for commercial feed purposes unless such products have been properly registered under the requirements of §58 of Code of Ala. 1940, Title 2, nor shall any of these products be sold for fertilizer purposes unless they are properly registered to comply with Code of Ala. 1940, §282 of Title 2, and the origin of the products offered for registration must be stated on the application for registration filed with the Department of Agriculture and Industries.
NOTE: The registration requirements in the above rule under §58 and 282 of Code of Ala. 1940 for commercial feed and fertilizer do not exist today. Code of Ala. 1975, § 2-21-19 replaced §58 of Title 2 of the 1940 Code in part. Section 2-21-19 requires the purchase of a commercial feed license and an annual license fee but no registration as contemplated by the 1940 statute. Code of Ala. 1975, § 2-22-5, requires the licensing of fertilizer manufacturers and Code of Ala. 1975, § 2-22-7, sets up labeling requirements. Code of Ala. 1975 does not reflect that §282 of Title 2 of the 1940 Code has been carried over into the 1975 Code.
Author: Charles H. Barnes
History
By virtue of authority conferred upon the Commissioner of Agriculture and Industries under law, the following rules and regulations for the control and eradication of infectious and contagious diseases of livestock are hereby approved by the State Board of Agriculture and Industries.
Author: Charles H. Barnes
History
Any regulation previously approved in conflict with any of the following is hereby repealed.
Author: Charles H. Barnes
History
Any persons violating any provision of this Chapter or the rules and regulations issued thereunder shall be guilty of a misdemeanor, and upon conviction, unless otherwise provided in this Chapter, shall be punished as provided under law.
Author: Charles H. Barnes
History
The State Veterinarian shall exercise all the powers vested in the Commissioner of Agriculture and Industries in the enforcement of the provisions of the state livestock sanitary laws and rules promulgated thereunder, and shall through means provided by the Commissioner of Agriculture and Industries, provide for the health of all domestic animals including poultry, and provide for the control and eradication of infectious, contagious, or communicable diseases of all classes of livestock and poultry.
Authors: Charles H. Barnes, Reginald L. Sorrells
History
Calls for inspection or investigation of suspected outbreaks of infectious, contagious, or communicable diseases should be made directly to the State Veterinarian. All requests for such investigation should be accompanied by a statement giving the exact location of the trouble, number and kind of animals involved, the name and address of the owner or keeper of the animals affected, and the nature and extent of the disease.
Author: Charles H. Barnes
History
All specimens from domestic animals suspected of having contagious or infectious diseases submitted for diagnosis shall be properly packaged and preserved and sent to the State Veterinary Diagnostic Laboratory by the most expedient means.
Author: Charles H. Barnes
History
All persons practicing veterinary medicine in the State of Alabama shall report in writing to the State Veterinarian, the existence of any contagious, infectious, or communicable disease listed in Veterinary Diagnostic Laboratory Handbook as reportable.
Author: Charles H. Barnes
History
Quarantined livestock and poultry shall not be moved from field, pasture, lot, or enclosure in which they are quarantined except by special permission in written or printed form given by the State Veterinarian and countersigned by an Assistant State Veterinarian or animal health technician. Assistant State Veterinarians and animal health technician shall issue in the name of the State Veterinarian and give written or printed quarantined notices to every party having tick-infested animals showing evidence of infectious, contagious, or communicable disease in his or her possession or under his or her control. All animals shall be held in strict quarantine at the owner's risk and expense until a State or federal inspector shall determine what shall be done with said animals.
Author: Charles H. Barnes
History
It is the order of this Board that all inspectors while on duty as inspectors and holding commissions from this Board, are prohibited from engaging in the business of buying and dealing in cattle or livestock.
NOTE: The Board as set out in the above rule refers to the State Board of Agriculture and Industries.
Author: Charles H. Barnes
History
Railroads or other transportation companies shipping animals through the State of Alabama and unloading such animals in Alabama for the purpose of feeding and watering them, shall maintain separate loading and unloading chutes and pens, and said chutes and pens shall be used exclusively for unloading and feeding animals being shipped through Alabama. Said chutes and pens shall be located and so designated as such by the transportation company and reported to the State Veterinarian. Said chutes and pens shall be quarantined by the State Veterinarian or an Assistant State Veterinarian. No animal when once placed in said pen or pens shall be removed to any part or place in Alabama without first being inspected and a written permit issued therefore by the State Veterinarian or an Assistant State Veterinarian.
Author: Charles H. Barnes
History
All traveling circuses, menageries, wild animal shows, and all animal shows coming into Alabama for exhibition purposes shall notify the State Veterinarian ten days or more before arrival of the show in Alabama, giving the dates and locations of the show during the fifteen days preceding the time the show desires to enter Alabama. The State Veterinarian or an Assistant State Veterinarian may require cleaning, disinfection of all cages, wagons, cars, harness, utensils, and animals; and also the requisite testing with mallein or tuberculin when the State Veterinarian or an Assistant State Veterinarian shall deem it necessary. All cleaning, disinfection, and testing shall be done at the expense of the owners or managers of the shows. All circuses and animal shows desiring to enter Alabama shall notify the State Veterinarian before billing or advertising in Alabama.
Author: Charles H. Barnes
History
(1) No animal, including poultry or bird of any species, that is infected with, or that has been recently exposed to, any infectious or transmissible disease shall be imported into the state, until written permission for such importation is obtained from the State Veterinarian of Alabama.
(2) An official certificate of veterinary inspection means a legible certificate made on an official form from the state of origin or from the United States Department of Agriculture issued by a United States Department of Agriculture Veterinarian or State Department of Agriculture veterinarian or an accredited veterinarian and approved by the State Veterinarian of the state of origin.
(3) Livestock imported into the state shall be accompanied by an approved certificate or permit where required, which must be attached to the waybill or shall be in the possession of the driver of vehicle or person in charge of livestock, if moved on foot. A certificate or permit will be void after thirty (30) days.
(4) The certificate shall contain the names and address of the consignor and the consignee, with an accurate description or an identification of the livestock by tag or number. A copy of the approved certificate shall be forwarded to the State Veterinarian of Alabama before arrival of livestock.
(5) Livestock entering the state without a proper certificate and not meeting the health requirements shall be held in quarantine at owner's expense until released from quarantine by the State Veterinarian or his authorized agent.
(6) All trucks, railway cars and other conveyances used for the transportation of livestock and poultry shall be maintained in a sanitary condition.
(7) The owners and operators of railway cars, trucks and other conveyances that have been used for interstate movement of any livestock infected with or exposed to an infectious or transmissible disease, shall be required to have such cars, trucks, and other conveyances thoroughly cleaned and disinfected under official supervision. Proper notice of cleaning and disinfection or such certification shall be attached to the waybill or in the possession of the operator of truck or other conveyance.
(8) No health certificate will be required for horses or mules of the United States Army.
Author: Charles H. Barnes
History
Feeder steers may be imported without a brucellosis test certificate, but shall be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian and approved by the proper state animal health official, certifying that the cattle are apparently free from any communicable disease.
Author: Charles H. Barnes
History
Apparently healthy cattle of strictly slaughter type to be used only for immediate slaughter may be imported into the state without a certificate or tuberculin or brucellosis test, provided such cattle are consigned for immediate slaughter to an approved slaughtering establishment. Such cattle shall be slaughtered within ten (10) days after arrival at destination, except when the 10-day period is extended by special permit from the State Veterinarian.
Author: Charles H. Barnes
History
No cattle infested with ticks or exposed to tick infestation shall be shipped, trailed, driven or otherwise imported into this state for any purpose. Cattle from federal-state tick quarantined areas shall not be imported into this state for any purpose.
Author: Charles H. Barnes
History
No cattle, horses, mules, swine, or other livestock infested with screw worms shall be shipped, trailed, driven, or otherwise imported into this state for any purpose.
Author: Charles H. Barnes
History
(1) No cattle affected with scabies shall be shipped, trailed, driven or otherwise imported into this state for any purpose.
(2) No cattle recently exposed to scabies or from an area quarantined on account of scabies shall be imported into this state except in accordance with the regulations of the United States Department of Agriculture.
(3) All sheep and goats imported into the state must be accompanied by an official certificate of veterinary inspection issued by an accredited veterinarian, that conveys permanent individual identification by method approved in 9 CFR Parts 54 and 79 allowing the animal(s) to be traced to flock of origin and contains a statement that certifies that they are from areas that are not under quarantine for scabies or any other infectious or communicable disease such as Scrapie, Foot Rot, and Contagious Ecthyma (orf).
(4) All sheep and goats that move within the state that involves, but not limited to, change of ownership, shows, fairs, expositions or slaughter shall be permanently individually identified by method approved in 9 CFR Parts 54 and 79 allowing the animal(s) to be traced to flock of origin.
History
Apparently healthy sheep and goats may be imported into this state for the purpose of immediate slaughter when consigned directly to a recognized slaughtering establishment. Such sheep and goats shall be accompanied by a waybill or certificate marked for immediate slaughter, and shall be slaughtered within ten (10) days after arrival at destination, except when the 10-day period is extended by a special permit from the State Veterinarian. Such sheep shall be permanently individually identified by method approved in 9 CFR Parts 54 and 79 allowing the animal(s) to be traced to flock of origin.
Authors: Charles H. Barnes, Reginald L. Sorrells
History
(November 30, 1990)
(1) Chickens and turkeys for breeding purposes shall not be imported into the state unless they originate in negative tested flocks under the supervision of the pollorum control phase of the National Poultry Improvement Plan, or have passed a negative blood test for pollorum disease under the supervision of the proper state animal health official within thirty (30) days of entrance. All shipments of such poultry must be accompanied by an official certificate of veterinary inspection showing that they are free from all infectious and contagious diseases.
(2) Chickens not for breeding purposes, and other poultry, may be imported into the state, provided they are free from any evidence of an infectious or transmissible disease.
Author: Charles H. Barnes
History
All dogs or cats over three months of age imported into Alabama for any purpose, with the exception of those for exhibition purposes and those to be in the state for a limited time, shall be accompanied by a certificate of health issued by a licensed graduate veterinarian and approved by the proper livestock sanitary official of the state of origin, stating that the dog or cat is free from symptoms of any infectious or communicable disease, did not originate within an area under quarantine for rabies, and has received a standard dose of rabies vaccine within twelve (12) months of date of entry. A copy of the health certificate shall be forwarded promptly to the State Veterinarian of Alabama.
Author:
History
Unless entry is prohibited otherwise by law enforced by the Department of Conservation or other game law, in order that wild animals, and semi-wild animals maintained in captivity (to include game-breeder's animals pursuant to Section 9-11-(30-31), Code of Ala. 1975,) may be imported into the state; and/or in order that such animals may be moved or transported intrastate from place to place, the number of animals involved shall be reported to the State Veterinarian of Alabama ten (10) days prior to such entry of movement or transportation, and immediate opportunity for examination afforded representatives or authorized agents to determine the health status of such animals. Specific entry, intrastate movement or transportation requirements for Camelids; and entry, intrastate movement or transportation and disease control requirements for live Cervidae and semi-wild animals are as follows:
(a) All live captive Cervidae as prescribed by the State Veterinarian of Alabama, shall be made available to test for brucellosis, tuberculosis, and any known, or to be developed tests for chronic wasting disease (CWD). Accredited zoos, research or exhibition or treatment and rehabilitation facilities shall have an approved CWD monitoring program, provided that Cervids entering into the zoos and facilities must also originate from a herd that is under an approved CWD monitoring program; and those facilities in compliance with the provisions of Section 9-11-(30-31), Code of Ala. 1975, shall also have an approved CWD monitoring program to include provisions for notification of animals that have died from unknown causes.
(b) For the purpose of disease control, the State Veterinarian with assistance as needed from other state agencies and landowners, shall establish by survey, questionnaire, or by physical presence or appointed representatives a database for locating, registering, monitoring, and testing of Cervid herds maintained in captivity. From the development and maintenance of a monitoring program, the State Veterinarian shall establish guidelines for the diagnosis, prevention, and control of CWD and TB, and any other emerging animal diseases. All testing shall be as prescribed by the State Veterinarian. If a Cervid tests positive for CWD, or TB, or any other emerging animal disease, the test results shall be confirmed through another qualified testing facility. If a positive test is determined and confirmed, a herd plan shall be forthwith developed and executed.
History
(1) Veterinarians in the employ of the Animala Plant Health Inspection Service, United States Department of Agriculture, or of the state livestock sanitary service, or accredited veterinarians approved by the recognized animal health official of the state of origin, are authorized to inspect and issue official certificates of veterinary inspection.
(2) All certificates for interstate shipment shall carry the approval of the state animal health official of the state of origin.
Author: Charles H. Barnes
History
(1) All public livestock markets operating under these regulations shall have proper facilities for handling livestock, which shall include proper pens for holding and segregating animals, properly protected from the weather; and adequate water supply; satisfactory scales, such scales to be approved by the Division of Weights and Measures, Alabama Department of Agriculture and Industries. Equipment must include a standard cattle dipping vat, or an approved power spraying outfit, and concrete-floored pens for holding cattle to be sprayed, and quarantine pens for segregating animals that might be affected with a contagious or infectious disease. Necessary chutes for bleeding and handling cattle must be provided. If feeder or stocker hogs are handled, concrete or other impervious floored pens are required.
Author: Charles H. Barnes
History
(1) Carcasses or parts of carcasses of all animals that die from disease shall be burned or buried, and when buried, covered with not less than four (4) feet of dirt or rendered or cooked in a pressure rendering tank where the temperature may be held not lower than 220 degrees Fahrenheit for not less than four (4) hours.
(2) All condemned carcasses or parts of carcasses condemned shall be handled as specified in paragraph (1) above.
(3) In no case shall dead animals be permitted to remain in barn, lot, yard, or anywhere in the city or upon the farm, longer than twenty-four (24) hours after the death of the animal or animals before disposing of said carcasses or parts of carcasses as specified in paragraphs (1).
(4) Owners or managers of private or public slaughter houses shall dispose of all condemned carcasses or parts of carcasses, waste materials, and offal within twenty-four (24) hours of the time the animal dies or is slaughtered; or from the time when the offal or waste is removed from the slaughtered animal carcass.
(5) No dead animals or solid waste or offal shall be thrown, flushed or placed in any way into running brooks, creeks, streams, ponds, lakes, or pools of any kind.
(6) Every veterinarian inspecting slaughter animals in any slaughter house or packing house in Alabama shall report to the State Veterinarian all cases of tuberculosis, anthrax, or any other infectious or contagious disease that he may find and give a full history of the cases and also the kind of animal, sex, lesions, and the method of disposal of all such infected carcasses.
(7) All rendering plants that haul dead animals shall use steelbodied trucks or trucks with bodies of other impervious material. Facilities at the plant must be provided for thoroughly washing and disinfecting all trucks and vehicles. All trucks and vehicles shall be thoroughly cleaned and disinfected after each trip to haul dead animals before being permitted to make trips to farms or other premises.
(8) Rendering plants shall have a separate room, with concrete floor, for skinning and cutting up dead animals. Grease and tankage shall not be stored in the same room where animals are skinned and cut up for rendering.
(9) In addition to the disposal methods described above, the State Veterinarian may publish and maintain a list of generally approved disposal methods. The State Veterinarian may provide approval for a specific disposal method that is not on the list of generally approved methods by providing written permission to the individual requesting approval if the State Veterinarian is satisfied that the proposed disposal method is effective and safe.
(10) Disposal of poultry grown for commercial purposes is governed by Chapter 80-3-20 of the Alabama Administrative Code.
History
All biological products used for the treatment, prevention, or diagnosis of any disease of any domestic animals brought into or sold in the State of Alabama must be produced under license issued by the United States Department of Agriculture and shall have the endorsement of the United States Department of Agriculture and State Veterinarian.
Author: Charles H. Barnes
History
No biological product which contains living organisms shall be used for any purpose in the State of Alabama without first obtaining a permit from the State Veterinarian of Alabama. Permits for use of such biological products may be issued only to legally qualified accredited veterinarians or other qualified persons who are approved by the State Veterinarian.
Author: Charles H. Barnes
History
All sales, disposals, or distributions by druggists, veterinarians, biological houses or other dealers or manufacturers of biological products containing living organisms shall keep a record of purchase sales including the name of the producer, license number, serial number, expiration date, amount distributed, names of manufacturers, and names and address of parties to whom respective products are sold. Such records must be made available for inspection by the State Veterinarian or his authorized representative, when in his opinion, such inspection is deemed advisable.
Author: Charles H. Barnes
History
Tuberculin and mallein shall not be sold to any one but accredited veterinarians who have been approved by the State Veterinarian to do tuberculin or mallein testing in Alabama, or who have been approved by the United States Department of Agriculture to do tuberculin or mallein testing for interstate movement of animals.
Author: Charles H. Barnes
History
(November 30, 1990)
(November 30, 1990)
(November 30, 1990)
(1) Anthrax carcasses shall not be skinned but shall be burned, and if possible, without moving or handling. The place or stall where an anthrax carcass is found or where an anthrax patient has been kept shall be cleaned or disinfected. The litter and manure from such a place shall be burned, and the place shall be disinfected as directed by the State Veterinarian or his authorized representative.
(2) Anthrax carcasses shall not be dragged over public roads, commons, or open places. The carcasses may be disinfected by thoroughly sprinkling with a five (5) percent carbolic acid solution or a solution of chloride of lime or a solution of coal tar creosote, then rolled onto skids or a sled or other vehicle and taken to a suitable place for burning.
(3) In no case shall anthrax vaccine be used where anthrax does not exist. Anthrax vaccine shall not be used until positive microscopic, cultural, and inoculation tests have been made by a Federal, State, or any officially recognized authority. No vaccines containing living germs shall be used in Alabama without first obtaining permission from the State Veterinarian.
Author: Charles H. Barnes
History
Ratites imported into Alabama for any purpose shall be accompanied by a certificate of veterinary inspection issued by a licensed accredited veterinarian of the state of origin. The certificate shall state that the ratites are not showing signs of infectious, contagious, and/or communicable disease; show each animal's permanent identification number; show the Alabama entry permit number and state that the ratite has had a negative Avian influenza test within ten (10) days of entry into Alabama.
Entry permit numbers may be obtained from the state veterinarian's office in Montgomery, Alabama. The telephone number for obtaining permits Monday through Friday, 8:00 a.m. to 5:00 p.m. (CST), is 205-242-2647.
After hours, weekends and holidays:
J. Lee Alley 205/284-0107
Carl W. Wilson 205/578-2450
Bobby Pruitt 205/288-0275
Author: Marise Mims Sandidge
History
(1) No livestock vaccinated for vesicular stomatitis may be sent to or received in Alabama except for immediate slaughter accompanied by a VS-127 permit.
(2) No livestock (equine, bovine, porcine, caprine, ovine, or cervidae) may enter Alabama from another state if vesicular stomatitis has been diagnosed within ten miles of the premise of origin within the last 30 days.
(3) Livestock entering Alabama from a state where vesicular stomatitis has been diagnosed within the last 30 days shall be accompanied by a Certificate of Veterinary Inspection with the following statement written by the accredited veterinarian on the Certificate:
All animals identified on this health certificate have been examined and found to be free from vesicular stomatitis. During the past 30 days, these animals have neither been exposed nor located within 10 miles of an area where vesicular stomatitis has been diagnosed."
(4) All other livestock entering Alabama from states legally authorized to use vesicular stomatitis vaccine of any kind shall be accompanied by a Certificate of Veterinary Inspection with the following statement written by the accredited veterinarian on the Certificate:
"None of the livestock in this shipment have been vaccinated with vesicular stomatitis vaccine of any kind."
Author: Robert J. Russell
History
(1) All goats for dairy purposes imported into Alabama shall be accompanied by an Official Certificate of Veterinary Inspection, issued by an accredited veterinarian, showing that such animals have passed a negative test for brucellosis and TB within thirty (30) days prior to entry unless originating from a certified brucellosis-free and accredited TB-free herd or state.
(2) The certificate shall contain a statement that certifies that the goats are free from scabies and are from areas not under quarantine from scabies or any other infectious or communicable disease such as Scrapie, Foot Rot, and Contagious Ecthyma (orf).
Authors: Robert J. Russell, Reginald L. Sorrells
History
No cattle may enter Alabama from the State of Wyoming unless:
(a) Such cattle has had a negative brucellosis test within 30 days of shipment to Alabama of bulls and female cattle over 19 months of age.
(b) An entry permit from Alabama is obtained prior to shipment which shall be accompanied by an approved Certificate of Veterinary Inspection
(c) Cattle shall be quarantined and a negative brucellosis retest required 120 days after importation into Alabama.
Author: Robert J. Russell
History
Bovine trichomoniasis is a venereal disease caused by the protozoon Tritrichomonas foetus. This disease can result in: decreased reproductive efficiency, early embryonic death, abortion, pyometra and transient infertility in infected cattle. Trichomoniasis has the potential to severely impact the reproductive health of cattle in Alabama. In view of the threat posed by this disease to the health of the state's livestock and the economy of the livestock industry, the following rule will be considered and so ordered by the state veterinarian:
(1) All virgin and non-virgin bulls 18 months of age and older entering the state of Alabama must test negative for Trichomoniasis within the 60 days prior to entry into the state. The sample utilized for this test shall be collected by a trained, accredited veterinarian. The testing requirements mandate that bulls shall be negative based an official confirmatory real-time Polymerase Chain Reaction (PCR) on a single sample. These tests shall be performed by a laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians, a laboratory operated by another state government, or another USDA approved laboratory. All bulls tested must be identified with an official USDA approved ear tag. Any bull comingled with female cattle between testing and importation into Alabama must be retested as outlined above.
(2) All bulls entering the state must be accompanied by a Certificate of Veterinary Inspection (CVI) containing the date of the negative Trichomoniasis test, the name of the lab used for testing, complete address of consignor and consignee, a complete description of the bull including official identification, and signature of the accredited veterinarian issuing the CVI. Chapter 80-3-6 Agriculture and Industries Supp. 12/31/15 3-6-18
(3) The following bulls entering the state shall be exempt from Trichomoniasis testing:
(a) Exhibition and rodeo bulls that are temporarily in the state for the purpose of an event with no comingling with female cattle and will be leaving the state after the event.
(b) Bulls consigned directly to slaughter.
(c) Bulls being transported through Alabama in interstate commerce and not offloaded to be comingled with female cattle in Alabama.
(d) Virgin bulls under 18 months of age as determined by breed registry records or the absence of permanent central incisor teeth in wear. A virgin bull must be accompanied by a CVI containing a complete description of the bull including age and official identification, declaring that the bull is virgin and less than 18 months of age, and signed by the issuing accredited veterinarian.
(4) All positive test results for trichomoniasis within the state shall be reported by the accredited veterinarian and the approved laboratory to the state veterinarian within 72 hours after receipt of positive test results.
(5) Any bull testing positive for trichomoniasis within the state shall be immediately separated from the herd, isolated, officially identified as needed, and shall be placed under official quarantine. A request can be made to the state veterinarian within five days to confirm the positive test result with official PCR testing performed, at the owner's expense, by trained, accredited veterinarians from the state veterinarian's office. If the confirming PCR test is positive, then the bull shall be considered infected and subject to the restrictions set out in these regulations. Three consecutive negative official tests performed at least fourteen days apart by trained, accredited veterinarians from the state veterinarian's office shall be required for the bull to be designated trichomoniasis negative and have the quarantine released. All three, confirmatory tests must be completed within 90 days of the original positive test. Confirmed positive bulls shall be consigned to slaughter or permitted directly for slaughter and shall only be moved under an official permit issued by the state veterinarian or his/her representative. An infected bull accompanied by an official permit issued by the state veterinarian or his/her representative shall be moved directly to slaughter or permitted directly for slaughter through a licensed livestock market within thirty days from receipt of the positive test results of the original test or the results of the confirmatory PCR test, whichever is later.
(6) All breeding bulls commingled with females within the state that have been comingled with a trichomoniasis-positive bull for any period of time within six months prior to the receipt of a positive trichomoniasis test result shall immediately be separated from other cattle and shall be placed under official quarantine, officially identified as needed, and tested by an accredited veterinarian for trichomoniasis by PCR. Test samples shall not be pooled. Each official test conducted on a bull shall demonstrate a negative result before the tested bull will be released from quarantine.
(7) Females testing positive for trichomoniasis within the state shall be separated from all breeding bulls. All breeding bulls commingled with a positive female shall be quarantined and trichomoniasis tested by an accredited veterinarian. The quarantine shall be released once the bulls have tested negative by PCR. Bulls testing positive shall be subject to the restrictions set out in these regulations.
(8) Any trichomoniasis positive animal or herd within the state shall be subject to a Trichomoniasis Response Herd Plan developed by the State Veterinarian in consultation with the owner's accredited veterinarian and the state extension veterinarian.
History
(1) Unless otherwise exempt, certain Livestock must be officially identified for the purpose of disease control whenever a change of ownership occurs within the state of Alabama. Official identification is a method or device approved by the USDA/APHIS Administrator and the State Veterinarian that assigns a nationally unique number to an animal or group of animals that can be traced by the State Veterinarian to the point of application or subsequent movement. In the case of ear tags, the device must bear an official number, the U.S. shield and be tamper resistant. Livestock identifiers distributed by the State Veterinarian's office shall be assigned to a Premises ID or Farm Location number.
(2) Any person, entity, marketing agent or accredited veterinarian who distributes or applies official identification identifiers must maintain a record of names and addresses of anyone to whom the devices were distributed or applied for 5 years. The person, entity, marketing agent or accredited veterinarian applying official identifiers at change of ownership must forward a list of applied identifier numbers to the State Veterinarian's office within 7 business days of application.
(3) An approved tagging site is a site or facility to be approved by the State Veterinarian, designed to allow for the application of official identifiers. Owners or operators of approved tagging sites must maintain records that will allow traceability of livestock after commingling and obtain a Premises ID or Farm Location number.
(4) IDENTIFICATION REQUIREMENTS AT CHANGE OF OWNERSHIP WITHIN ALABAMA. When change of ownership occurs within the State of Alabama or when certain livestock are imported into the state, official identification shall be applied to the following animals:
(a) CATTLE AND BISON. Cattle and bison, 18 months of age or older, shall be identified using an approved method of official identification. Official identification shall also be applied to all ages of (A) dairy cattle and (B) cattle and bison used in a rodeo, show, exhibition or recreational event.
Cattle and bison in interstate travel shall comply with the identification requirements of the state of destination. Cattle and Bison in interstate travel shall be exempt from Alabama's identification requirements when moved (A) directly to slaughter with a USDA approved back tag, (B) as part of a commuter herd with a copy of the commuter herd agreement, (C) directly from a location in one state through Alabama to a second location in the original state, or (D) directly to an approved tagging site and are officially identified before comingling with cattle and bison from other premises.
Cattle and bison in interstate travel shall be accompanied by an Interstate Certificate of Veterinary Inspection ICVI) that includes the official identification number for each animal.
An ICVI shall not be required for cattle and bison moved directly to a recognized slaughtering establishment, or directly to a livestock facility approved to handle "for slaughter only" animals and then directly to a recognized slaughtering establishment. An owner-shipper statement would be required for these movements.
An ICVI shall not be required for cattle and bison moved directly to a USDA approved livestock facility. If these cattle and bison are then moved interstate from the facility, an ICVI, owner shipper statement, or other documentation may be required.
An ICVI shall not be required for cattle and bison moved from the farm of origin for veterinary medical examination or treatment and returned to the farm of origin without change in ownership.
Cattle and bison may be moved between any two States or Tribes with documentation other than an ICVI, as agreed upon by animal health officials in those two States or Tribes.
(b) SHEEP AND GOATS. Sheep and goats shall be officially identified as required by the scrapie regulations in 9 CFR parts 54 and 79 and Alabama Department of Agriculture and Industries Administrative Code Rule 80-3-6.18.
(5) IDENTIFICATION REQUIRED FOR CERTAIN ANIMALS ONLY WHEN MOVED INTERSTATE. Official identification is required for the following animals only when they are moved through Alabama in interstate travel:
(a) HORSES AND OTHER EQUINE. Horses and other equine must be officially identified before interstate travel through Alabama by one of the following methods:
As determined by a State animal health official in the State of destination or an APHIS representative,
A description identifying the individual equine by name, age, breed, color, gender, and distinctive markings or unique and permanent forms of identification such as brands, tattoos, scars, cowlicks, or blemishes,
Electronic identification that complies with ISO 11784/11785,
Digital photographs of the equine sufficient to identify the individual equine, as determined by a State or Tribal animal health official in the State or Tribe of destination or APHIS Representative, or
Equines being commercially transported for slaughter shall be identified by a device or method authorized by 9 CFR part 88.
(b) POULTRY. Poultry moving through Alabama in interstate travel shall be identified by sealed and numbered leg bands as provided in 9 CFR parts 145 through 147, a group identification number, or other methods agreed to by State and Tribal officials.
(i) From a flock participating in the NPIP and are accompanied by the documentation required by that program,
(ii) Directly to a recognized slaughtering establishment,
(iii) From the farm of origin for veterinary medical examination, treatment, or diagnostic purposes and either returned to the farm of origin without change in ownership or euthanized and disposed of at the veterinary facility,
(iv) Directly from one State through another State and back to the original State,
(v) Between any two States or Tribes with a Veterinary Services (VS) Form 9-3 or documentation other than an ICVI, as agreed upon by animal health officials in those two States or Tribes, or
(vi) The poultry are moved under permit in accordance with 9 CFR part 82.
(c) SWINE. Swine moved interstate shall be officially identified as required by 9 CFR part 71.19.
History
(1) In addition to the disposal methods for animal carcasses provided in Ala. Code § 3-1-28, the State Veterinarian may publish and maintain a list of generally approved disposal methods. The State Veterinarian may provide approval for a specific disposal method that is not on the list of generally approved methods by providing written permission to the individual requesting approval if the State Veterinarian is satisfied that the proposed disposal method is effective and safe.
(2) Disposal of poultry grown for commercial purposes is governed by Chapter 80-3-20 of the Alabama Administrative Code.
(3) Disposal of diseased carcasses is governed by Ala. Administrative Rule 80-3-6-.26.
History
The purpose of this Chapter is to cattle and all establishments that deal in the selling, buying, transporting, or keeping of cattle in Alabama, for the control and eradication of bovine tuberculosis.
Author: Charles H. Barnes
History
Any and all portions of regulations found in Alabama State Board of Agriculture and Industries Livestock Sanitary Division Laws and Regulations dated October 20, 1948, regulating or concerned with the eradication and control of tuberculosis in cattle is hereby repealed and withdrawn. All other portions of the above regulation shall remain in full force and effect. Any portion of any other existing regulation in conflict with this regulation is also repealed and withdrawn, but portions of any other regulation not in conflict with the regulation shall remain in full force and effect.
NOTE: The above regulation dated October 20, 1948, is identified as Chapter 80-3-6.
Author: Charles H. Barnes
History
Tuberculin testing requirements and procedures to be followed are as follows.
(1) All cattle in dairies in Alabama that are presently or in the future supplying milk or milk products, in any way, to the public shall be tuberculin tested as often as the State Veterinarian may deem necessary to eliminate and keep tuberculosis from the herd and infection from the premises. Any state or federal approved graduate veterinarian may make the test in accordance with state or federal requirements.
(2) In counties or any size area in the state which have been officially quarantined for the purpose of control or eradication of bovine tuberculosis, owners or operators of cattle shall present their cattle at a designated point on the premises for the tuberculin test or other necessary inspection. They shall also furnish sufficient help to handle said cattle after having been officially notified in writing as to the date and place of the testing or inspection.
(3) The eradication of, or testing for, tuberculosis, or any other infectious or contagious disease, may be taken up in any area of the state when the State Veterinarian has reason to believe that such is necessary. Such eradication or testing program may be done in cooperation with a city, county or the United States Department of Agriculture Veterinary Services at the discretion of the State Veterinarian.
(4) All reacting animals shall be slaughtered, destroyed or quarantined, as shall be determined by the State Veterinarian. Slaughtering of said animals shall only be done at plants which have approved state or federal inspection. All animals exposed to tuberculosis, at the discretion of the State Veterinarian, shall be slaughtered, destroyed, quarantined, or any other action shall be taken which is deemed necessary by the State Veterinarian, to prevent the spread of the disease.
(5) All premises where tuberculin reacting animals have been found shall be cleaned and disinfected as required by regulation or order, under the supervision of a state or federal inspector.
(6) Any cattle, reacting to the tuberculin test, or known to be infested with any contagious or infectious disease shall not be moved or sold for any purpose without a special permit from the State Veterinarian.
(7) Reports of all tuberculin tests, giving the tag number of all cattle tested, and results of test, shall be given immediately upon completion of the test, to the State Veterinarian.
(8) Any cattle reacting to the tuberculin test, in addition to all other requirements, shall be identified by heat branding with the letter T on the left jaw of said animal.
(9) All other animals known to be exposed to tuberculosis that are to be sold or moved in anticipation of transfer, or selling, of said animals, shall first be identified by heat branding with the letter S on the left jaw of said animal.
Author: Charles H. Barnes
History
All cattle which are imported into Alabama must originate from herds not under quarantine in a Modified-Accredited Tuberculosis Free area or from an Accredited Tuberculosis Free area or from an Accredited Tuberculosis Free herd.
Author: Charles H. Barnes
History
(1) Indemnity may be paid to owners of cattle that have been condemned and slaughtered because of tuberculosis or paratuberculosis, when the entire herd of such owners has been placed under an eradication program, or when the herd is tested under an area eradication program, and the requirements below have been met.
(2) The amount of indemnity paid by the state for tuberculosis and paratuberculosis reactors shall not exceed the difference between the appraised value of the animal and the salvage value thereof, and in no case shall exceed $25.00 for a grade animal or $50.00 for a registered purebred animal.
(3) In order to be eligible for indemnity a report must be filed in accordance with Title 9, Subchapter B, Part 50 of the Code of Federal Registers as now written or as may hereafter be revised or amended.
Author: Charles H. Barnes
History
Parts I through XII of the Uniform Methods and Rules Bovine Tuberculosis Eradication, effective March 15, 1980, of the United States Department of Agriculture, Animal and Plant Health Inspection Service, as they are now written or as same may hereafter be revised or amended, are hereby expressly adopted by reference thereto as a part of these regulations and said above federal rules shall be complied with and followed to the extent that they do not conflict with the provisions of this chapter. In the case of conflict between this Chapter and the above federal rules, this Chapter shall prevail.
Author: Charles H. Barnes
History
No cattle may enter Alabama from the State of Michigan unless such shall:
(a) Obtain an entry permit from the State Veterinarian of the Alabama Department of Agriculture and Industries for each shipment within 15 days before entering Alabama.
(b) Originate from a herd that has been found negative to an official whole herd tuberculosis test administered not more than 12 months before their arrival in Alabama.
(c) Be included in the herd at the time of the negative whole herd test.
(d) Be tested negative for tuberculosis within 30 days before arrival in Alabama.
(e) Be accompanied by certificates of veterinary inspection showing individual identification, the results of whole herd test and individual animal tests.
(f) Be held under quarantine on Alabama premises until a negative retest for tuberculosis is conducted within 60 - 120 days after arrival (within 90-120 days for cervidae).
Author: Reginald L. Sorrells
History
Pursuant to the provisions of Act No. 173 of the Legislature of Alabama of 1951, approved June 29, 1951, the following rules and regulations governing the operation of livestock markets in Alabama have been promulgated by the Commissioner of Agriculture and Industries and approved by the State Board of Agriculture and Industries.
NOTE: Act No. 173 Acts of Alabama 1951, set out in Rule 80-3-8-.01 above was specifically repealed by Act No. 386 Acts of Alabama 1975. The 1975 Act took the place of the 1951 Act but that portion of the 1951 Act upon which the rules in Chapter 80-3-8 were adopted was incorporated into the 1975 Act. It is not believed that any Rules in Chapter 80-3-8 were repealed when the 1951 Act was repealed due to the present language in the 1975 Act. The 1975 Act is codified in Code of Ala. 1975, §§ 2-15-60 through 2-15-71.
Author: Charles H. Barnes
History
All livestock markets are considered as being contaminated with infectious and contagious diseases of livestock and are hereby designated as quarantined areas and all livestock moved from livestock markets shall comply with rules and regulations approved by the State Board of Agriculture and Industries governing the operation of livestock markets.
Author: Charles H. Barnes
History
In order for a livestock market to be approved for receiving cattle and hogs originating outside of the State of Alabama, not accompanied by official health certificates, a full-time federally employed veterinarian, or a full-time competent livestock inspector, approved by the State Veterinarian and employed by the State Department of Agriculture and Industries shall be maintained.
Author: Charles H. Barnes
History
The premises of a livestock market, including yards, pens, alleys, chutes, and loading docks shall be kept clean and in a sanitary condition at all times.
Author: Charles H. Barnes
History
(a) The owner, manager, or party in charge of the livestock market shall keep complete records of all movement of animals into, within, and out of said yards and such records shall be open for examination by the Commissioner, or his authorized representative, at any time.
(b) Unless otherwise provided in this section, every person operating a livestock market in this state shall be required to pay annually, on or before October 1. The exact amount of such annual permit fee for livestock markets, depending upon the annual gross business during the preceding 12-month period prior to October 1 totaled shall be as follows:
(1) For an annual gross business of $250,000.00 or less, the permit fee shall be $85.00;
(2) For an annual gross business of more than $250,000.00 but less than $500,000.00, the permit fee shall be $170.00;
(3) For an annual gross business of more than $500,000.00 but less than $1,000,000.00, the permit fee shall be $250.00;
(4) For an annual gross business of more than $1,000,000.00 but less than $2,500,000.00, the permit fee shall be $340.00;
(5) For an annual gross business of over $2,500,000.00, the permit fee shall be $425.00.
For livestock markets which are beginning operations the permit fee shall be the minimum of $85.00. The fee levied under this section for any permit issued on or after April 1 of any year shall be one half of the amount prescribed above for an annual permit fee unless the permit was actually required to be obtained prior to that date.
(c) A permit to operate scales at livestock markets as required under Section 2-15-91 shall be obtained from the Commissioner of Agriculture and Industries and such permit shall expire on September 30 following the date of issuance. A permit fee of $12.50 shall accompany each application for a livestock market scale permit, which fee shall be deposited into the Agricultural Fund of the State Treasury. Annual permits required under this rule shall cover the 12-month period beginning October 1 and ending September 30.
(d) Any person doing business as a "livestock dealer" as defined in § 2-15-40 of the Code of Ala. 1975 shall, in addition to any and all other statutory or regulatory requirements for obtaining a permit under § 2-15-40 of the Code of Ala. 1975, remit to the Department of Agriculture and Industries on or before October 1 of each year a permit fee of $30.00.
(e) Any person doing business as a "livestock dealer" as defined in § 2-15-132 of the Code of Ala. 1975 shall, in addition to any and all other statutory or regulatory requirements for obtaining a permit under § 2-15-132 of the Code of Ala. 1975, remit to the Department of Agriculture and Industries on or before October 1 of each year a permit fee of $30.00.
Author: John P. Hagood
History
Bills of sale issued to buyers of livestock at livestock markets shall be cleared through the Livestock Inspector, and the necessary permits and health certificates obtained, before the livestock are released from the stockyards.
Author: Charles H. Barnes
History
Any lots of cattle on which visible ticks of any species are present must be dipped, or sprayed in standard arsenical dip, or other chemical dips or sprays approved by the State Veterinarian, or his authorized representative, before being released from the yards for any purpose.
Author: Charles H. Barnes
History
No animals known to be infected with a contagious or infectious disease shall be received in or admitted to any livestock market except upon special permit issued by the State Veterinarian, or his authorized representative. All animals affected with, or exposed to, any contagious or infectious disease, or any animal that reacts to a test indicating the presence of such disease, shall be quarantined separate and apart from healthy animals and shall not be sold, traded, or otherwise disposed of except upon special permit from the State Veterinarian, or his authorized representative. Such animals may be disposed of for immediate slaughter only. The owner of the animals shall be responsible for the costs of maintaining the quarantine, the necessary treatment, feed and care of the animals which are under quarantine.
Author: Charles H. Barnes
History
At all public stockyards where federal inspection is maintained, the regulations of the United States Bureau of Animal Industry governing such yards shall be in effect and supplementary to the above rules.
Author: Charles H. Barnes
History
All cattle or other livestock assembled in sales yards will be carefully inspected by the State Veterinarian, or his authorized livestock inspectors for evidence of any contagious or infectious diseases. Any animal showing suspicious symptoms of infectious or contagious diseases shall be isolated and held in quarantine until examined by an approved, qualified veterinarian. Such animal will be disposed of in accordance with the state regulations.
Author: Charles H. Barnes
History
Carcasses or parts of carcasses of all animals that die from disease shall be burned or buried, and when buried, covered with not less than four (4) feet of dirt or rendered or cooked in a pressure rendering tank where the temperature may be held not lower than 220°F for not less than four (4) hours.
Author: Charles H. Barnes
History
(1) Brucellosis:
(a) Steers -- no restrictions
(b) Calves under six (6) months old -- no restrictions.
(c) Officially vaccinated females that are properly tattooed -- no restrictions.
(d) All other cattle must be accompanied by an official health certificate, issued by an approved licensed veterinarian, showing them to be negative to the agglutination test for Brucellosis within thirty (30) days of the date of sale or show, or that the cattle are from a Brucellosis Free Accredited herd.
(2) Tuberculosis:
(a) Cattle from clean herds in Tuberculosis Free Accredited counties may be exhibited without testing.
(b) All other cattle must have passed a clean tuberculosis test within thirty days of the date of show or sale.
Author: Charles H. Barnes
History
(1) All swine, except those for immediate slaughter, that are moved into any livestock market or other place where swine are offered for sale that come from two or more separate locations or premises shall be identified with ear tag or by other methods of individual identification as prescribed by the State Veterinarian. The identification of swine as required herein shall be made when the swine are unloaded and received at the livestock market or other place of sale and the identification tag numbers shall be recorded on the lotting-in slips used by the sales market.
(2) All swine held at a livestock market or other place of sale to be sold for feeding or breeding purposes must be held separate from slaughter swine and shall be maintained on imperviously surfaced pens, alleys, docks, scales and sales rings for their entire stay in the market. If swine for breeding and feeding purposes are kept in close proximity to areas used for slaughter swine, they must be separated by a solid partition of at least four (4) feet in height. No drainage shall be allowed to flow from the area used for slaughter swine into the area used for breeding and feeding swine. Sales rings, scales, alleys, and all other such facilities used for all classes of swine shall be cleaned and disinfected prior to each sales day.
(a) Swine held at a livestock market or other place of sale that are to be sold for feeding or breeding purposes shall not be driven along alleys or loaded from chutes that are used for the handling of slaughter swine unless such chutes and alleys have been cleaned and disinfected after being used for slaughter swine.
(b) Swine held at a livestock market or other place of sale to be sold for feeding or breeding purposes shall be sold prior to slaughter swine.
(3) All swine, except those for immediate slaughter and those hereinafter exempt, before being moved from any livestock market or from any other place where swine are offered for sale that come from two or more separate locations or premises, shall be accompanied by a certificate issued by an accredited veterinarian which shall bear the identification tag number of the swine and shall state that such swine have been examined; that they are free of any indications of infectious or contagious diseases, and that the swine have received a proper dose of anti-hog cholera serum not more than five (5) days prior to the date of their sale.
(4) When all swine offered for sale at livestock markets or other places of sale where swine are offered for sale that come from two or more locations or premises have originated directly from farms located in areas officially designated as Hog Cholera Free Areas by the United States Department of Agriculture, they may be sold for breeding and feeding purposes without being required to receive anti-hog cholera serum before leaving the market to return to farms in Alabama.
(5) All swine received for sale at livestock markets or other places of sale where swine are offered for sale that come from two or more separate locations or premises shall have originated directly from farms on which all swine have been examined by a person or persons designated by the State Veterinarian. All swine on the farm shall have been found free from any indication of any illness. All such swine so examined on the farm must also meet all requirements set forth in the standards of the State Veterinarian for such inspections. Such swine sold for breeding and feeding purposes shall be exempt from the requirement of receiving anti-hog cholera serum before leaving the market to return to farms in Alabama, provided the owner who offered the swine for sale has signed a statement that he did not leave any apparently sick swine on his farm and that he has not had any apparently sick swine since the last inspection.
(6) All swine that return to farms from any livestock market or from any other place where swine are offered for sale that come to the livestock market from two or more separate locations or premises shall be held in isolation from other swine and in quarantine on the farm to which they return for a period of not less than thirty (30) days. No swine that have passed through any livestock market or other place where swine are offered for sale that come from two or more separate locations or premises, shall again be offered or accepted for sale at any other livestock market or other place of sale during a period of thirty (30) days. Such swine may be moved from the farm to which they have been transported only on permit from the State Veterinarian or his authorized representative and then only for immediate slaughter or under quarantine to other premises.
(7) No swine shall return to farms in Alabama from any livestock market or from any other place where swine are offered for sale in Alabama that come from two or more premises that have passed through more than one concentration point after such swine leave the farm of origin.
(8) No swine, including those for immediate slaughter, shall remain in any livestock market or other place where swine are offered for sale that come from two or more separate locations or premises for more than seventy-two (72) hours.
(9) A list of the days on which breeding or feeding swine will be sold at livestock markets or other places of sale must be furnished to and approved by the State Veterinarian, and no breeding or feeding swine shall be permitted to leave the livestock market or other place of sale except on the days as approved by the State Veterinarian.
(10) These regulations expressly repeal regulations heretofore adopted which require the dipping and spraying of all swine with 2% cresol solution before leaving livestock markets or other places of sale.
NOTE: The above rule (80-3-8-.13) was previously denoted as Chapter 80-3-9. It has now been downgraded into rule status and incorporated into Chapter 80-3-8. The bonding and insurance requirements originally found in Chapter 80-3-8 have been transferred to Chapter 80-3-13 entitled Rules for Operating Livestock Markets.
Author: Charles H. Barnes
History
The purpose of this Chapter is to implement the requirements of those statutes which regulate meat and poultry inspections set out in Code of Ala. 1975, §§ 2-17-1, et seq. Such statutes were enacted by the Legislature to provide the inhabitants of the State of Alabama with wholesome, properly labeled and packaged meat and meat food products and poultry and poultry food products by requiring that such food products be slaughtered, inspected, handled, packaged, transported and distributed in accordance with the requirements and in keeping with the purpose of the aforesaid legislative enactments and for the additional purpose of cooperating with the Secretary of Agriculture of the United States in developing and administering an effective meat and poultry inspection program in this state by establishing requirements which equal those imposed by the applicable provisions of the Federal Meat Inspection Act (Wholesome Meat Act of 1967 and the Mandatory Poultry Products Inspection Act of 1968). Therefore, the State Board of Agriculture and Industries deems it necessary in implementing the provisions of these acts to adopt certain meat and poultry inspection requirements and regulations heretofore adopted by the United States Department of Agriculture for the administration and enforcement of the Wholesome Meat Act of 1967 and the Mandatory Poultry Products Inspection Act as heretofore enacted by the Congress of the United States. The State Board of Agriculture and Industries also deems it necessary in carrying out the intent and purpose of the state meat and poultry statutes as same relates to and governs the inspection of poultry and poultry food products, in implementing the provisions thereof with respect to said products, to adopt certain poultry inspection requirements and regulations heretofore adopted by the United States Department of Agriculture for administration and enforcement of the Mandatory Poultry Products Inspection Act of 1968 as enacted by the Congress of the United States.
Author: Charles H. Barnes
History
(1) The meat inspection regulations of the United States Department of Agriculture for administration and enforcement of the Wholesome Meat Act of 1967, as published in the Code of Federal Regulations, Title 9, Chapter III, Subchapter A, entitled Meat Inspection Regulations and Subchapter E entitled Regulatory Requirements under the Federal Meat Inspection Act and the Poultry Products Inspection Act, are hereby adopted and incorporated herein by reference thereto, as if same were fully set out herein, as the procedures and requirements which shall be followed by the Alabama Department of Agriculture and Industries for implementation, administration and enforcement of the state meat and poultry statutes. The specific regulations adopted hereunder by reference are as follows: Under Subchapter A, all of Parts 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 329; and under Subchapter E all of Parts 416, 417, 424, 430, 441 and 500; however, Food Safety and Inspection Service, United States Department of Agriculture, Washington, D. C. 20250 shall be construed to mean the Commissioner of Agriculture and Industries, and the U.S.D.A. Mark of Inspection under 312 above shall mean Alabama Department of Agriculture and Industries Mark of Inspection.
(2) It is hereby intended that the rules and regulations of the United States Department of Agriculture, Food Safety and Inspection Service, for meat inspection pursuant to the Wholesome Meat Act of 1967, shall be the procedures and requirements to be followed by the Commissioner of Agriculture and Industries in conducting meat and meat products inspections and in carrying out the other requirements of the meat and poultry inspection statutes of the State of Alabama, except where such regulations are in conflict with the provisions and requirements of said state statutes or any regulations promulgated thereunder or where such regulations are not applicable to, or required for, the administration and enforcement of said statutes in the manner as herein intended by the provisions of said legislative enactments.
Authors: Reginald L. Sorrells, Robert J. Russell
History
The Poultry Inspection Regulations of the United States Department of Agriculture for administration and enforcement of the Mandatory Poultry Products Inspection Act of 1968 as published in the Code of Federal Regulations, Title 9, Chapter III, Part 381 except sub-parts M, T, U, and V entitled Poultry Products Inspection Regulations; and Part 430 entitled Requirements For Specific Classes of Product and Part 441 entitled Consumer Protection Standards; Raw Products as published in the Code of Federal Regulations, Title 9, Chapter III, Subchapter E, entitled Regulatory Requirements under the Federal Meat Inspection Act and the Poultry Products Inspection Act are hereby adopted and incorporated herein by reference thereto as the procedures which shall be followed by the Commissioner of Agriculture and Industries for implementation, administration, and enforcement of the state poultry inspection statutes where such regulations are applicable and same are necessary for inspection and other requirements for the slaughter, handling, packaging, transportation and sale of poultry and poultry food products within the State of Alabama to carry out the express provisions and requirements of Code of Ala. 1975, § 2-17-1, et seq.
Author: Robert J. Russell
History
Code of Ala. 1975, § 2-17-23, states, in substance, that slaughterers, meat brokers and renderers shall keep such records that willfully and correctly disclose all transactions involved in their business. Willful and correct disclosure is hereby defined as follows for the following establishments:
(a) All slaughterers defined in Code of Ala. 1975, § 2-17-23(1), to include custom slaughterers as defined in Code of Ala. 1975, § 2-17-27(a)(3), shall keep for a minimum of two years records reflecting the following:
The number of animals received;
The name and address of the owner of said animals;
The date the animals were received;
The description of the animals received;
The license number of the vehicle delivering the animals or the railroad waybill or records of any other method of transportation by which the livestock arrived at the establishment;
The above record-keeping requirements shall not be applicable for animals purchased at a livestock market by the slaughterer, except that invoices reflecting the purchase at the market shall be required and said invoices shall be kept for at least two years.
(b) All brokers, wholesalers or other entities defined in Code of Ala. 1975, § 2-17-23(2), above shall keep for a minimum of two years records reflecting the following:
Copies of invoices or other evidence of the transaction of buying and/or selling of the meat product or carcasses,
The date purchased or sold of the meat product or carcass,
The description and weight of the product purchased or sold,
The name and address of the entity either buying or selling said product.
(c) All renderers or other entities defined in Code of Ala. 1975, § 2-17-23(3), above shall keep for a minimum of two years records reflecting the following:
Copies of invoices or other evidence of the transaction of purchasing or selling the animals or parts of animal carcasses defined in Code of Ala. 1975, § 2-17-23(3);
The date purchased or sold;
The description of the animals or product purchased or sold;
The name and address of the seller or buyer.
Author: Charles H. Barnes
History
The purpose of the Chapter is to further define and implement the provisions of the Livestock Dealers Financial Responsibility Act under Code of Ala. 1975, §§ 2-15-131 through 2-15-138.
Author: Charles H. Barnes
History
That regulation entitled Regulations of the Department of Agriculture and Industries, State of Alabama, Promulgated Under the Alabama Livestock Dealers Financial Responsibility Act, approved January 13, 1970, is hereby repealed. The following rules are substituted in its place.
Author: Charles H. Barnes
History
(1) Code of Ala. 1975, § 2-15-131(5), defines dealer as follows: (5) DEALER. Any person engaged in the business of buying livestock in the State of Alabama for resale, exchange or slaughter and meat packing purposes, either on his own account or as agent for others on a commission basis or otherwise. The above definition is not construed to mean full-time salaried employees of a person or business already required to be licensed, but if a person buys livestock for more than one person or business unit, no matter how he is paid, he is deemed to meet the above definition of dealer, thereby requiring a license and bond. Those persons considered full-time employees of a person or business unit may be required to submit proof of their being carried on the rolls of a business unit as any other employee. Even a full-time employee of only one business unit, who is in the business of buying livestock in his own name, for later transfer to his employer, is deemed to be a dealer, as defined above.
(2) Bona fide farmers or stockman purchasing livestock for grazing, feeding, dairying or breeding purposes, under Code of Ala. 1975, § 2-15-137, are exempt from the provisions of the Act, but as provided in the above section, any livestock purchased for the above purposes must be kept for at least 15 days. Any person buying and selling the same livestock within a 15 day period shall be deemed a Dealer, and required to meet the requirements of licensing and bonding.
Author: Charles H. Barnes
History
(1) Every dealer, as defined in the law and this Chapter must maintain written records of every livestock transaction within which he is involved, including buying, selling, trading for, or giving away livestock. These records must be kept and maintained for a period of at least two years.
(2) The above records must be available for inspection by the Commissioner of Agriculture and Industries, or his authorized representative, at any reasonable hour, within 24 hours after notice has been given of intention to inspect. Said availability shall also include copying, photographing, or otherwise reproducing any of the records which the Commissioner or his representative shall deem necessary for official use.
(3) The following information is deemed to be the minimum required to be kept by the dealer for livestock transaction:
(a) Full name and address of the buyer and seller of livestock, which shall reflect the origin and distribution of each livestock.
(b) Date of each purchase, sale, or transaction.
(c) Date and place of brucellosis test, when such test is required.
(d) Number of animals involved.
(e) Sufficient individual description of identification so that each animal may be traced to the herd and farm of origin. This must include breed, sex, age, weight, tattoo, registration number and ear tag number. Back tag numbers may be substituted in place of tattoo, registration number and ear tag number.
(4) Willful falsification of any information required to be kept concerning livestock transactions is deemed to be sufficient cause for suspension or revocation of the dealer license required under Code of Ala. 1975, § 2-15-132.
Author: Charles H. Barnes
History
All licenses issued under the provisions of Code of Ala. 1975, § 2-15-132, shall be governed by the following requirements:
(a) No license shall be transferable.
(b) The license issued to a firm or corporation, or association or other like entities shall only be used by that officer or employees of the licensee who is specifically listed as a buyer in the application for license.
(c) All licensees, when engaged in the business of a dealer, shall carry on his person official proof of such licensing. He shall produce such proof to anyone, when requested, with whom he is engaged in livestock transactions. He shall also produce such proof at any time to the Commissioner of Agriculture and Industries or his official representative. Willful failure to produce such proof, under the above circumstances, may result in suspension or revocation of the license.
(d) Whenever any change is made in the name or address or in the management or nature or in the substantial control or ownership of the business of a licensee, such licensee shall report such change in writing to the Commissioner of Agriculture and Industries, Montgomery, Alabama, within 10 days after making such change. The above is not to imply that the restrictions on transferring may be waived, but only that notice must be sent as provided. Failure to comply with the above may result in revocation or suspension of the license.
(e) Licenses expire on December 31 and are renewable as of January 1 of each year as provided under § 2-15-132(a) above. The Department distributes applications for relicensing to all known licensees approximately two months prior to the expiration date. It is imperative for the licensee to return a fully executed application along with proper funds and other required documents prior to the expiration date. Anyone acting as a dealer as defined under the law and Rule 80-3-11-.03 of this Chapter, after the expiration date of the license, that has not, prior to the expiration date, taken all necessary steps to become relicensed, shall be deemed to be in violation of the law and this Chapter and subject to all available penalties. The burden of complying in a timely manner with the laws and regulations for relicensing every year is upon the dealer, but a good faith attempt by a licensee to renew the license and through no fault of his own the existing license expires prior to renewal will be taken into consideration.
Author: Charles H. Barnes
History
The following regulation is hereby approved and adopted by the State Board of Agriculture and Industries under authority of Code of Ala. 1940, § 389 of Title 2, which regulation relates to persons engaged in the business of transporting livestock along the public roads or highways of Alabama:
NOTE: Code of Ala. 1940, § 389 of Title 2, set out above is now codified as Code of Ala. 1975, § 2-15-45.
Author: Charles H. Barnes
History
Persons engaged in the business of transporting or hauling livestock along the public roads or highways in Alabama shall upon receiving such livestock for transportation issue a waybill or bill of lading for all livestock hauled or transported by them, and such waybill or bill of lading shall accompany the shipment of livestock with a copy thereof being furnished to the person who delivers the livestock to the hauler.
Author: Charles H. Barnes
History
The waybill or bill of lading as herein required shall contain the following information with respect to the livestock received for transportation:
(a) Date and time of loading.
(b) Name of person or company hauling the livestock.
(c) Number of head of each kind of livestock in shipment.
(d) A general description of the livestock including any brands or marks.
(e) Place of origin or shipment.
(f) Name of owner of livestock.
(g) Destination of shipment.
(h) Signature of person delivering livestock to hauler signifying that the above information is correct.
(i) Such other information as the hauler may desire to include with respect to the livestock received for transportation.
Author: Charles H. Barnes
History
(1) Livestock markets shall carry fire and windstorm insurance on the livestock accepted for sale while such livestock are kept at the livestock market, and such insurance must be carried with an insurance company qualified to do business in the State of Alabama.
(2) Livestock markets shall furnish the Department of Agriculture and Industries with a copy of the insurance policy required under paragraph (1) above.
(3) Livestock markets shall, within ten (10) days, notify the Department of Agriculture and Industries of any change, modifications or cancellation of the insurance policy required under the provisions of paragraph (1).
(4) Fire and windstorm insurance coverage required to be carried by livestock markets on livestock accepted for sale shall not be cancelled unless written notice of such cancellation is given to the Department of Agriculture and Industries by the insurance company not less than ten (10) days prior to the effective date of such cancellation, and the insurance policy shall contain a provision or endorsement that any cancellation of the policy shall not become effective unless the Department of Agriculture and Industries is given written notice thereof not less than ten (10) days prior to the effective date of such cancellation.
Author: Charles H. Barnes
History
(1) The bond required of livestock markets shall not be cancelled or terminated until the Commissioner of Agriculture and Industries has been notified at least fifteen (15) days before such cancellation.
(2) Livestock markets are required to notify the Commissioner of Agriculture and Industries of all suits at law or other claims filed against the principal and surety of the bond furnished by the livestock market within fifteen (15) days after a claim is filed against the principal and surety, or within fifteen (15) days after notice of any pending suit is received by the livestock market operator.
(3) Livestock markets licensed under the provisions of the Federal Packers and Stockyards Act of 1921, as amended, may file a copy of the bond made under the provisions of such Act, and such bond will be accepted in lieu of the bond required under Code of Ala. 1975, § 2-15-63, provided the amount of such bond equals or is greater than the amount required under the provisions of § 2-15-63.
(4) The Chief of the Stockyards and Brands Section of the Department of Agriculture and Industries is authorized to be designated and to act as Trustee in any bond furnished by livestock markets under the requirements of the Federal Packers and Stockyards Act of 1921, as amended.
Author: Charles H. Barnes
History
(1) Code of Ala. 1975, § 2-15-82, requires every livestock market to report to the Commissioner the identity of every livestock dealer who does not pay for livestock purchased by him by the close of the next business day following the date of the purchase.
(2) Since there is no statutory provision requiring when this reporting must be done to the Commissioner, it is determined that the livestock market must report within a reasonable time.
(3) For purposes of reporting as required under § 2-15-82, a reasonable time is hereby interpreted to mean two (2) weeks from the time the purchase money for the livestock is due.
(4) Henceforth, all livestock markets shall report to the Commissioner the failure of a livestock dealer to pay for livestock purchased by the close of the next business day, within, or by, the expiration of two (2) weeks from the time the purchase money was due.
(5) Failure of a livestock market to comply with this requirement will subject the market to the provisions of Code of Ala. 1975, § 2-15-85.
Author: Charles H. Barnes
History
(1) The label or the printed matter required under § 2-12-2(1) of the Alabama Egg Law to appear on any case or partial case of eggs shall be of a size to make all information plainly visible and easy to read.
(2) The date on which the eggs were graded must be shown as the month and day of the year. This information, label, or printed matter, must be on one end of each case.
(3) Labeling information required to appear on each carton or other type container or package of eggs, as required under § 2-12-2(2) of the Alabama Egg Law, shall be in letters of a size not less than 3/16 of an inch for the grade and size of the eggs and the name and address of the packer or person responsible for such packing. The date on which the eggs were graded shall be in figures or letters of not less than 1/8 of an inch in height and shall be by means of a code number which must be the actual consecutive number of the day of the year from the beginning day of the year on which the eggs were graded (Julian dating system). Any dealer, packer or other seller of eggs may, in addition to the foregoing requirement, also imprint upon such carton or package in which eggs are offered for sale or sold, the actual date by month, day of month and year on which the eggs are graded and any other recognized method of egg container dating may also be used; provided, however, the dealer, packer or other seller of the eggs shall apply for and obtain approval from the Commissioner of Agriculture and Industries, or his representative. The code dating system for the grading of eggs, as hereinabove required, and any other additional means of carton dating as may be authorized by the Commissioner of Agriculture and Industries shall be in figures or letters of not less than 1/8 of an inch in height, clearly and legibly shown on either the top or side of the carton or package in which the eggs are offered for sale or sold.
(4) No abbreviation of any grade, term or size classification is permitted.
Author: Charles H. Barnes
History
(1) Eggs of the following descriptions are classed as inedible, and not fit for human food: blackrots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring stage), eggs with bloody whites, large blood spots, large unsightly meat spots, or other foreign material, and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.
(2) Inedible eggs as defined above shall not be sold or offered for sale for human food.
Author: Charles H. Barnes
History
(1) Standards, grades and weight classes for shell eggs shall be consistent with those of the United States Department of Agriculture and the tolerances allowed thereunder, as such standards, grades and weight classes are now established or may hereafter be amended.
(2) Where eggs are being offered for sale by a retail egg dealer (stores) and such eggs do not comply with grade requirements, it will be presumed that the eggs were of the same grade when delivered to the retail dealer where the eggs are inspected within a period of six (6) days following the date of delivery, provided the retail egg dealer has kept the eggs under refrigeration at a temperature of not more than 60° F during such six (6) day period; provided, however, where the retail egg dealer has not kept such eggs under refrigeration of not more than 60° F, it will be presumed that the eggs were of the same grade when delivered only three (3) days following date of delivery.
(3) A retail egg dealer shall not, however, be responsible for the grade or condition of eggs which fail to comply with grade requirements where the eggs are found to contain certain inedible eggs, such as bloody whites, large blood spots and dirty eggs.
Author: Charles H. Barnes
History
Eggs which have been suspended or ordered withheld from sale shall not be released for sale, transportation or removal until the cost of inspection, grading and releasing such eggs shall have been paid to the Department of Agriculture and Industries. The amount of such costs to be paid to said Department shall be based upon the quantity of eggs suspended from sale as follows:
Not more than 30 dozen eggs ---------- $5.00
More than 30 dozen eggs and less than 300 dozen ----------------------- $20.00
300 dozen eggs or more --------------- $30.00
Author: Charles H. Barnes
History
The costs of inspection, grading and releasing eggs shall be borne by the person, firm, corporation who packed the eggs unless it is determined by the Commissioner or his authorized agents that the cause for the suspension, or withholding from sale order, occurred after the eggs were delivered to the person or firm on whose premises the eggs were being offered for sale. In this case, said costs shall be borne by the person or firm on whose premises the eggs were being offered for sale.
Author: Charles H. Barnes
History
Under authority of Act No. 474 (S. 204) of the Legislature of 1945 authorizing a program in accordance with the National Poultry Improvement Plan of the United States Department of Agriculture and to fix the amount of fees for services rendered to poultrymen for control and eradication of poultry diseases, the following regulations relating to fees and charges are hereby approved by the State Board of Agriculture and Industries.
NOTE: Act No. 474 Acts of Alabama 1945 has been codified into Code of Ala. 1975, § 2-16-8.
Author: Charles H. Barnes
History
For the purpose of these rules, the following words and terms shall mean:
(a) Chick Dealer or Chick Jobber is any person, firm or corporation that buys baby chicks or any domestic fowl under six weeks of age and offers same for resale and participates in the National Poultry Improvement Plan.
(b) Blood Testing is any of the recognized methods used to blood test domestic fowls for Salmonella Pullorum-Typhoid, Typhimurium, Mycoplasma Gallisepticum, Mycoplasma Synoviae or other hatchery disseminated diseases of poultry.
(c) Flock is any one breed or classification of domestic fowl on one farm participating in the National Poultry Improvement Plan.
(d) State Inspector is any one of the Poultry Inspectors employed by the State Department of Agriculture and industries.
(e) Testing Agent is any person authorized by the State Department of Agriculture and Industries to do blood testing.
Author: Charles H. Barnes
History
The following fees shall be collected at the time service is rendered and shall be payable to the State Department of Agriculture and Industries:
(a) The stained-antigen, rapid, whole-blood test: On the first test State Inspectors will collect a blood testing fee of 4 cents per bird or a minimum fee of $4.00 per flock.
(b) On the second and all subsequent tests State Inspectors will collect a blood testing fee of 2 cents per bird or a minimum fee of $2.00 per flock.
(c) On the first test, Testing Agents will collect a blood testing fee of 4 cents per bird or a minimum fee of $4.00 per flock and will remit to the State Department of Agriculture and Industries 1 cent per bird or a minimum remittance of $1.00 per flock.
(d) On the second and all subsequent tests, Testing Agents will collect a blood testing fee of 2 cents per bird or a minimum fee of $2.00 per flock but no remittance to the State Department of Agriculture and Industries will be required.
(e) The standard tube agglutination test or the rapid serum test: State Inspectors will collect a fee of 6 cents per bird or a minimum fee of $6.00 per flock on all tests. If, however, blood samples are collected in tubes by State Inspectors and taken to a privately owned laboratory for testing, State Inspectors will collect a fee of 4 cents per bird or a minimum fee of $4.00 per flock.
(f) A fee of $5.00 will be collected from each Chick Dealer or Chick Jobber who elects to participate in the National Poultry Improvement Plan.
Author: Charles H. Barnes
History
The foregoing rules shall supersede and repeal all regulations heretofore adopted and approved by the Board of Agriculture and Industries relating to fees charged for the above services rendered for control and eradication of poultry diseases, and said regulations shall become effective on April 1, 1975.
Author: Charles H. Barnes
History
(Senate Bill 236 and Governor's Bill 481): To promote and encourage the poultry industry and to regulate public hatcheries, chick dealers, and jobbers; the shipping into the state of baby chicks, hatching eggs and turkey poults; and to authorize the Alabama Department of Agriculture and Industries to make regulations for such purposes and for the control of contagious and infectious diseases in poultry.
NOTE: Senate Bill 236 and Governor's Bill 481 are codified into Code of Ala. 1975, §§ 2-16-1 through 2-16-9.
Author: Charles H. Barnes
History
For the purpose of these rules, the following words, names and terms shall be construed within the meaning and purpose of this Act.
(a) Board shall mean the State Board of Agriculture and Industries.
(b) Commissioner shall mean the Commissioner of Agriculture and Industries.
(c) Public Hatchery shall mean any establishment that regularly artificially hatches baby chicks, turkey poults, game birds or any domestic fowl which are bred for the primary purpose of producing eggs or meat or that does custom hatching; or an independent hatchery selling hatching eggs or baby poultry; or a commercial hatchery producing baby poultry for poultry integrators.
(d) Chick Dealer or Chick Jobber shall mean any person, firm or corporation that buys baby chicks, or hatching eggs, or turkey poults and sells or offers same for sale.
(e) Hatching Eggs shall mean eggs from any domestic fowl which are to be used for hatching purposes in a public hatchery.
(f) Baby Chicks shall mean any domestic fowls under six weeks of age.
(g) Pullorum Testing shall mean one of the recognized methods used to blood-test chickens or turkeys for pullorum disease.
History
(1) Any person or persons, firm or corporation desiring to engage in the business of public hatching, dealing, or jobbing, baby chicks, hatching eggs or turkey poults shall obtain a permit from the Commissioner of Agriculture and Industries. Said permit may be cancelled for a violation of this Act or the regulations promulgated thereunder.
(2) Any person who is refused a permit or whose permit is revoked may appeal from the decision of such Commissioner to the State Board of Agriculture and Industries by a written demand for such appeal, which appeal must be heard at the next meeting of said State Board of Agriculture and Industries. Said Board shall render such judgment as it deems proper from the facts.
Author: Charles H. Barnes
History
All baby chicks or turkey poults and hatching eggs handled or produced by public hatcheries, dealers, and jobbers as a regular part of their business shall originate in flocks that meet the requirements and all amended requirements of the National Poultry Improvement Plan as administered by the Alabama Department of Agriculture and Industries, and the regulations issued for the control of Pullorum-Typhoid disease, provided that nothing herein shall require any hatchery to adopt the National Poultry Improvement Plan.
Author: Charles H. Barnes
History
All baby chicks, turkey poults, and hatching eggs shipped or otherwise brought into this state shall originate in flocks that contain no reactors on the last test, and shall be accompanied by a certificate approved by the official state agency or the livestock sanitation officials of the state of origin, certifying same.
Author: Charles H. Barnes
History
All public hatcheries, all incubator equipment, chick holding rooms, and chick brooders shall be kept in strictly sanitary condition.
Author: Charles H. Barnes
History
All eggs used for hatching purposes shall be reasonably uniform in size and shape and sound in shell. In case of white eggs they shall be reasonably free from tint.
Author: Charles H. Barnes
History
The management of a public hatchery, chick dealer and jobber shall maintain the identity of hatching eggs, baby chicks and turkey poults, including those eggs which are being custom hatched, and shall keep accurate records concerning the name and address of each flock owner, the number of eggs received from each flock owner, and the number of chicks received in each shipment, the name and address of each purchaser, the number, hatchery grade, if any, breed and variety, and date of shipment of all chicks and eggs.
Author: Charles H. Barnes
History
To meet the minimum requirements of this Act, beginning with the 1948-1949 hatching season, all flocks must contain no reactors on the last test preceding the sale or incubation of eggs.
Author: Charles H. Barnes
History
All chicks shall be normal and representative of the breed and variety and at hatching time shall weigh at least 8 pounds net per 100 chicks.
Author: Charles H. Barnes
History
(1) Nothing in this Act shall require any hatchery to adopt the National Poultry Improvement Plan.
(2) Nothing in this Act shall give any hatchery, dealer, or jobber the right to use the terminology of the National Poultry Improvement Plan.
(3) The use of the word Accredited, to indicate breed improvement or disease eradication or control, or the use of it in any other way is prohibited.
(4) With the approval of the Department of Agriculture and Industries, public hatcheries, may participate in the National Poultry Improvement Plan, and enjoy all the rights and privileges, provided all the applicable requirements for participants are fully and completely complied with.
Author: Charles H. Barnes
History
Delivery of chicks shall be made in approved types of chick boxes properly ventilated and securely tied, and chicks shall be shipped to reach the ultimate purchaser within the time limit prescribed by the United States Postal Regulations.
Author: Charles H. Barnes
History
All advertising must be in accord with the rules and regulations of this Act, and the Fair Trade Practice rules of the Federal Trade Commission for the baby chick industry. Copies of proposed folders, catalogs, circulars, or other printed literature shall be submitted to and approved by the Department of Agriculture and Industries before being printed and distributed. Copies of such literature after being printed, shall be filed with the Department of Agriculture and Industries.
Author: Charles H. Barnes
History
To prevent the introduction and spread of and to otherwise control and eradicate the pullorum disease within the State of Alabama, the Commissioner and Inspectors for the Department of Agriculture and Industries shall confiscate all chicks, poults, hatching eggs and breeding stock which are not in compliance with this Act and shall either destroy said chicks, poults, hatching eggs, or breeding stock, or return same to the shipper at the shipper's expense.
Author: Charles H. Barnes
History
It shall be the duty of every public hatchery, chick dealer, or jobber to report promptly to the Department of Agriculture and Industries the outbreak of any contagious or infectious disease affecting baby chicks or turkey poults in their possession, or in any flock supplying eggs to said hatchery, and the Department of Agriculture and Industries shall take such action as may be necessary to control the disease.
Author: Charles H. Barnes
History
(a) No person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber shall operate within this state without first obtaining an annual permit from the state Commissioner of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall be $10.00 for independent hatcheries and chick dealers and $50.00 for commercial hatcheries, which shall be due and payable on January 1 of each year; and, unless such permit fee is paid within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. Said permit may be revoked for a violation of this article or the regulations promulgated under this article.
(b) All hatcheries, chick dealers or jobbers offering chicks for sale to the public shall post in a conspicuous manner in their place of business a certificate furnished by the Department of Agriculture and Industries.
History
Public hatcheries, including establishments operating incubator equipment, chick brooders and chick holding rooms, shall not be maintained or operated in the same building, or within close proximity thereto, with any poultry dressing, killing, processing or slaughtering establishments.
Author: Charles H. Barnes
History
Personnel employed by poultry slaughtering, killing, processing, or dressing establishments, shall not enter public hatcheries without first making a complete change of all outer clothing, including hat and shoes, nor shall personnel employed by public hatcheries, enter or go upon the premises of slaughtering, killing, processing, or dressing establishments, unless they make a complete change of outer clothing, including shoes and hats, before they return to public hatcheries. It is the intent and purpose hereof to isolate public hatcheries from poultry processing establishments in order to prevent the spread of contagious and infectious poultry diseases.
Author: Charles H. Barnes
History
(1) The sale of baby chicks and poults by an itinerant salesman when such chicks or poults are delivered to the buyer by the salesman at the time of the sale is hereby prohibited, unless the itinerant salesman represents an established and licensed place of business in Alabama for the sale of baby chicks and poults.
(2) Any itinerant salesman who sells, or offers for sale, baby chicks or poults in the State of Alabama is hereby required to attach to each container in which baby chicks or poults are sold a label showing the name and address of the firm which he represents, the name and address of the hatchery where such baby chicks or poults were hatched, together with the breed and sex of the baby chicks or poults.
Author: Charles H. Barnes
History
All poultry including exhibition, exotic and game birds but excluding water fowl for exhibit purposes shall originate in U.S. Pullorum-Typhoid Clean or equivalent flocks or have a negative Pullorum-Typhoid official test by one of the recognized methods used in testing poultry for Pullorum-Typhoid within ninety (90) days prior to time of exhibit.
Author: Charles H. Barnes
History
All flocks of poultry found to be infected with Pullorum or Typhoid shall be quarantined until marketed for slaughter or destroyed under the supervision of the Official State Agency for the National Poultry Improvement Plan or until subsequently officially blood tested by one of the recognized methods used in testing poultry for Pullorum-Typhoid and all birds in the flock are found to be negative to the test.
Author: Charles H. Barnes
History
All persons performing poultry disease diagnostic services within the state are required to report to the Official State Agency for the National Poultry Improvement Plan within forty-eight (48) hours the source of all poultry specimens from which Salmonella Pullorum or Salmonella Gallinarum is isolated. All such reports are to be promptly followed by an investigation by the Official State Agency for the National Poultry Improvement Plan to determine the origin of the infection. The reports as herein required shall be made to the Poultry Division, Alabama Department of Agriculture and Industries.
Author: Charles H. Barnes
History
The foregoing rules are supplemental or in addition to regulations heretofore adopted and approved by the State Board of Agriculture and Industries relating to the control of diseases of poultry through regulation of public hatcheries, chick dealers, jobbers and other means, and shall repeal or supersede any regulations heretofore adopted to the extent only that such regulations are in conflict therewith.
Author: Charles H. Barnes
History
Avian Influenza is a serious transmissible disease of all birds. This disease has been diagnosed in several states and some of these states have enacted quarantines.
Author: Charles H. Barnes
History
All live poultry, their hatching eggs, and the used coops, containers, flats, or other accessories, and the vehicles or other means of conveyances used in the handling of live poultry or their hatching eggs, originating from or in transit through any area quarantined due to Avian Influenza, anywhere in the United States, are hereby prohibited entry into or transportation through the State of Alabama without prior written permission from the Commissioner of Agriculture and Industries, or his agents.
All poultry, including but not limited to hatching eggs, chicks, poults, poultry breeding stock, gamebirds, exhibition and hobby farm poultry moving into Alabama for exhibition, show, sale, change of ownership or any other purpose, that are not participating in the Pullorum-Typhoid(PT) Clean and Avian Influenza (AI) Clean programs of the National Poultry Improvement Plant (NPIP) shall be tested negative for PT and AI using an approved serology or antigen detection test or other test approved by the state veterinarian within 21 days prior to movement.
All poultry, including but not limited to hatching eggs, chicks, poults, poultry breeding stock, gamebirds, exhibition and hobby farm poultry moving into Alabama must be accompanied by an official Certificate of Veterinary Inspection (CVI) or a NPIP Form 9-2 or NPIP Form 9-3 with test results included on form.
History
Any Alabama vehicles or equipment given permission into any area that has been quarantined due to Avian Influenza, anywhere in the United States, before returning to Alabama, shall conform to the cleaning and disinfecting requirements set out in Title 9 C.F.R. § 71.
Author: Charles H. Barnes
History
(1) All live poultry destined for delivery in Alabama must have a valid Certificate of Veterinary inspection showing an Alabama entry permit number. Day-old baby chicks and poults will be allowed to enter Alabama with an NPIP Form VS 9-2 or VS 9-3 in lieu of a health certificate and will be exempt from entry permit requirement. All live poultry-transporting vehicles entering the State of Alabama must bear a valid Certificate of Cleaning and Disinfection. If point of origin is in Alabama, the vehicle must have a certificate showing it has been cleaned and disinfected in another state prior to re-entry into Alabama. The health certificate and Certificate of Cleaning and Disinfection must be signed by the state or federal animal health official or a practicing accredited veterinarian and shall contain the language and information as prescribed by Rules 80-3-18-.05 and 80-3-18-.06.
(2) Any poultry or poultry-transporting vehicle not having the appropriate certificate will be barred from entering the state.
(3) Live poultry and transportation equipment owned and controlled by poultry companies in Alabama may be exempted from these restrictions when transporting company-owned birds from an adjoining state into Alabama. A blanket permit would be issued for this movement.
(4) In the event of an outbreak, the State veterinarian may require an entry permit for all poultry entering the state.
History
The Certificate of Veterinary Inspection shall provide the following information:
(a) Date and time of shipment.
(b) Name, physical address, phone number and official Premises ID number, if known, of purchaser (Destination)
(c) Name, physical address, phone number and official Premises ID number, if known, of producer or shipper
(d) Quantity
(e) Type of poultry
(f) Other information (if any) about breed of poultry
(g) Certificate should contain the following statements:
History
The Certificate of Cleaning and Disinfection shall contain the following information:
(a) The truck, crates and equipment must be washed with soap and water under high pressure and disinfected at the place of origin as specified in 9 C.F.R. 1983, § 71.10.
(b) A certificate must be issued after each use prior to entry into the State of Alabama and must be signed and dated by the state or federal animal health official or a practicing accredited veterinarian. This certificate should provide:
Date and time of cleaning and disinfecting.
Name and address of consignor and consignee.
Author: Charles H. Barnes
History
(a) Eggs entering the State of Alabama must be accompanied by a certificate specifying consignor and consignee, address, eggs for hatching or commercial.
(b) A statement shall be signed by a veterinarian or management that eggs are from flocks free of Avian Influenza and not from a quarantined area.
(c) All reusable materials used in shipping of eggs into the State of Alabama must be either new or free of visual debris and contaminates, especially feces and egg contents. In the event contaminated materials are found, the entire lot will be disposed of immediately at the expense of the shipper.
(d) Monitoring of the requirements of this rule shall be the responsibility of state and/or federal egg inspectors.
(e) Certificates for trucks, equipment and materials shall conform to the requirements of Rule 80-3-18-.05.
Author: Charles H. Barnes
History
All poultry exhibitions in the State of Alabama can be prohibited until there has been a determination by the Commissioner of Agriculture and Industries or the State Veterinarian that the threat of Avian Influenza no longer exists.
History
Any rule or portion of any rule in Chapter 80-3-18 may be waived or modified by the Commissioner of Agriculture and Industries, if he, in his discretion, is of the opinion that the threat of Avian Influenza no longer warrants the enforcement of this Chapter.
Author: Charles H. Barnes
History
The concentration, collection, or assembly of poultry of all types, including waterfowl and wild and exotic birds, from one or more premises, at a private or public place, for purposes of sale, can be prohibited as determined by the Commissioner or the State Veterinarian.
History
Any commercial feed, fertilizer, or any other compound or substance containing rendered poultry products, including, but not limited to, feather meal or poultry meat meal, where said rendered poultry products originated from any area quarantined due to Avian Influenza, is prohibited entry into, or transportation through, the State of Alabama without prior written permission from the Commissioner of Agriculture and Industries or his authorized agent.
Author: Charles H. Barnes
History
Ground beef or chopped beef shall consist of chopped, fresh and/or frozen beef, with or without seasoning and without the addition of beef fat as such, nor beef hearts or tongues. It shall not contain more than 30% fat and shall not contain added water, phosphates, binders or extenders. When beef cheek meat (trimmed beef cheeks) is used in the preparation of ground or chopped beef, it shall be limited to 25%; and if in excess of natural proportions, its presence shall be declared on the label, in the ingredient statement required, if any, and otherwise contiguous to the name of the product.
Author: Charles H. Barnes
History
Hamburger shall consist of chopped fresh and/or frozen beef. Beef fat and/or seasoning may be added, but hamburger may not contain more than 30% fat from all sources and shall not contain added water, phosphates, binders or extenders. Hamburger shall not contain beef hearts or tongues. Beef cheek meat (trimmed beef cheeks) may only be added in accordance with the conditions set out in Rule 80-3-19-.01.
Author: Charles H. Barnes
History
The premises of each person growing poultry for himself or others for commercial purposes which shall include turkeys, commercial eggs, hatching eggs and broilers shall be equipped with an approved disposal pit for the adequate disposal of dead poultry carcasses. A disposal pit of the type, size, dimensions and design as set forth on the drawing attached to these rules is hereby approved by the State Board of Agriculture and Industries for the disposal of dead poultry carcasses as required hereunder. After July 1, 1996, no new pits may be constructed and incinerators and composters are hereby approved for the disposal of dead poultry carcasses as required hereunder and their use as soon as possible is encouraged and recommended. However, approved disposal pits in use prior to July 1, 1996, may be continued in use until July 1, 2000 and until that time shall continue to be subject to these rules including but not limited to Rules 80-3-20-.01; .02; .03; .04; and .05. Any other recommended methods and equipment for the disposal of dead poultry carcasses as may be approved by the State Veterinarian may be used by poultry growers in compliance with these rules provided such grower obtains written approval for such use from the State Veterinarian.
Author: Robert J. Russell
History
All dead poultry carcasses where death results from other than slaughter must be disposed of by approved methods of disposal as provided in Rule 80-3-20-.01.
Author: Robert J. Russell
History
Any premises not equipped with disposal facilities as required by these rules or where it is found that such required facilities are not being properly used shall be quarantined by the issuance of a quarantine order in the same manner as now authorized by law for the quarantine of livestock for the purpose of preventing the spread of livestock diseases and following the issuance of any such quarantine order no poultry, eggs or other poultry products shall be moved from the quarantined premises unless and until approval for such removal is obtained from the Commissioner of Agriculture and Industries, the State Veterinarian or their authorized agents or employees following a finding and determination that such premises are equipped with disposal facilities as required hereunder and that such facilities are being effectively used for the disposal of dead poultry carcasses.
Author: Robert J. Russell
History
Any incinerator incorporating the use of a fire brick lining, grates, burners, timers and fans capable of reducing dead poultry to a white ash is both an acceptable and desirable method for the disposal of dead poultry. Incinerators used for dead poultry disposal must meet air quality criteria established by the Alabama Department of Environmental Management for such units and each individual unit used must be registered with the Alabama Department of Environmental Management Aid Division in Montgomery.
Author: Robert J. Russell
History
(1) A disposal pit meeting the standards and use provisions required in Rule 80-3-20-.01 shall be constructed as hereinafter provided prior to July 1, 1996. Such pit shall be constructed so as to substantially conform to the diagram set out below, marked Exhibit "1," incorporated herein, and made a part hereof.
DISPOSAL PITS
Locate the pit conveniently to poultry houses. For a large poultryman, it might be best to build two smaller pits rather than one large one. This would allow closer placement of pits to different houses. Locate the pit on ground with surface drainage away from the pit and at least 200 feet away from a water supply. If there is a chance of contaminating your local water supply, use an incinerator. Details of pit construction and size are attached.
In some soils, pit will need walls to prevent the sides from caving in and this can be constructed with cheap lumber. If heavy clay soils where a support wall is not necessary, slope the sides, making the pits a little wider at the top than it is at the bottom.
It is important that the cover fits tightly on the pit opening that is made from tile or an old milk can. Also cover the pit with at least 12 inches of dirt, and slope the dirt with drainage away from the center. The above precautions will prevent odors and drain water away from the pit.
Be sure that the pit is six feet deep or deeper to ensure decay in the winter. The addition of decomposing agents in the pit is not necessary. If the pit fills up, remove the top and use it on a new pit. Fill the old pit with dirt.
Author: Robert J. Russell
History
Composting facilities shall be constructed according to recommendations published by Agricultural Engineering, Cooperative Extension Service, Auburn, University.
Composting shall be practically odorless and managed so that pathogenic bacteria are destroyed (150 degrees F.). Carcasses must be totally reduced. Composter must be operated in a manner that prohibits insects and predators. Composting may be used as a second-stage cycle for a dehydrated product, following approved guidelines.
History
Pursuant to §§ 2-15-20 et. seq., in order to facilitate the tracing and identification of lost, stolen or estrayed livestock and afford protection against the theft and unlawful dealing, handling or movement of livestock, including a system for brand registrations, transfer of brands, reregistrations and standards or requirements for brands acceptable for registration the following Rules and Regulations have been promulgated by the Commissioner of Agriculture and Industries and approved by the State Board of Agriculture and Industries.
Author: John P. Hagood
History
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BRAND - Any recorded identification mark applied to any position on the hide of livestock by means of heat, acid or a chemical, except numbers used to keep production records or record of age. The word "brand" shall also mean and include tattoo marks on the hide or in the ear of livestock.
(2) LIVESTOCK- Cattle, swine, sheep, goats, equidae, ratites and poultry.
(3) PERSON- Any individual, partnership, corporation or association.
Author: John P. Hagood
History
(a) Any livestock owner who uses a brand to identify his livestock must register such brand by applying to the department for registration of his brand. The application shall be made on forms prescribed and furnished by said department, which application shall be accompanied by a fee of $20.00 for the first position on the animal on which the brand appears and a fee of $4.00 for each additional position of the animal on which the brand appears. A facsimile of the brand to be registered shall also be furnished by the applicant. If the brand described in the application or one similar or closely resembling a registered brand has not been previously registered by another livestock owner and such brand complies with standards and requirements of brands acceptable for registration as prescribed by the board pursuant to regulations, then the department shall approve the application, register the brand in the name of the applicant and issue to such applicant a certificate of registration. In the event the department denies registration of a brand for any reason, the registration fee of $10.00 shall be returned to the person making application for registration.
(b) When a livestock owner who has registered a brand with the department transfers such brand to another, he shall immediately notify the department of the transfer, giving the date of transfer, brand identity and the name of the transferee. Upon receipt of the notice of transfer and a transfer fee of $10.00, the department shall cause such transfer to be made in its register of brands, and such brand shall not be used by the new owner until permission has been given by the department for use of such brand.
(c) The provisions of this article shall not be construed to require any owner of livestock to brand his livestock unless he voluntarily elects to do so in which event he shall be required to comply with the registration requirements of this article.
Author: John P. Hagood
History
(1) The purpose of Chapter 80-5-1 is to set maximum amounts of civil penalties for various violations of Code of Ala. 1975, Chapters 27 and 28 of Title 2, and rules promulgated thereunder, as authorized by Act No. 89-741, Acts of Alabama 1989.
(2) Before the enactment of Act No. 89-741, the only authorized penalty other than criminal prosecution was revocation of a permit or license. In some cases, these above penalties were too harsh. It is anticipated that the Commissioner of Agriculture and Industries will many times impose the penalties authorized by Act No. 89-741 and these rules in lieu of criminal prosecution or revocation of a license or permit, but it is understood that a civil penalty and/or revocation and/or criminal prosecution are all available to the Commissioner.
(3) It is understood that not every situation will fit and that in some cases penalties are authorized to be imposed against persons not licensed or permitted.
(4) The penalties set out in Chapter 80-5-1 are maximum and there is no intention by the adoption of this Chapter to imply that maximum amounts should be imposed. The decision to impose a penalty and its amount, up to the maximum allowed in these rules, are wholly within the discretion of the Commissioner of Agriculture and Industries.
Author: Charles H. Barnes
History
(1) Pesticide misuse is defined, for purposes of this rule, as the use of any pesticide inconsistent with its label or printed instructions issued by the manufacturer for said pesticide use.
(2) The provisions of this rule shall be applicable to those persons, companies or entities who dispense or use pesticides for hire, and that are licensed or permitted under the provisions of Code of Ala. 1975, Chapters 27 and 28 of Title 2.
(3) The maximum penalty for the proven misuse of a restricted use pesticide is $10,000.
(4) The maximum penalty for the proven misuse of a nonrestricted use pesticide is $5,000.
Author: Charles H. Barnes
History
The maximum penalty for a proven violation of any prohibited or unlawful act described in Code of Ala. 1975, § 2-27-14, with the exception of any violation covered in any other rule in Chapter 80-5-1, is $5,000.
Author: Charles H. Barnes
History
(1) Operating without being licensed, for the purposes of this rule, means doing any act which requires a license, permit, certification or registration in the absence of a valid license, permit, certification or registration which is prohibited under law and duly promulgated rules without said authorization. It specifically includes, but is not limited to, the following sections of Code of Ala. 1975, and rules under the Alabama Administrative Code:
(a) Registration of a pesticide under § 2-27-9.
(b) Selling of restricted use pesticides under § 2-27-10.
(c) Using restricted use pesticides under § 2-27-11, and Rule 80-1-13-.06.
(d) Engaging in the custom application of pesticides under § 2-27-53, and Chapter 80-1-14.
(e) Engaging in professional work or services requiring certification in that occupation under § 2-28-2, and Rules 80-10-9-.04, 80-10-9-.05, and 80-10-9-.06.
(f) Engaging in professional work or services requiring a permit under § 2-28-4.
(2) The maximum penalty for the proven violation of operating without being licensed is $3,000.
Author: Charles H. Barnes
History
(1) For purposes of this rule, the failure to keep required books and records means those books and records required to be kept under Code of Ala. 1975, Chapters 27 and 28 of Title 2, and Chapters 80-1-13, 80-1-14 and 80-10-9, Alabama Administrative Code. The nonexistence of a record as well as an incomplete record falls under this definition.
(2) The maximum penalty for a proven violation of failure to keep required books and records is $1,000.
Author: Charles H. Barnes
History
The maximum penalty for a proven violation of Code of Ala. 1975, Chapters 27 and 28 of Title 2, not specifically addressed in those rules appearing in Chapter 80-5-1, Alabama Administrative Code, is $2,000.
Author: Charles H. Barnes
History
The maximum penalty for a proven violation of any rule appearing in Chapters 80-1-13, 80-1-14 and 80-10-9, Alabama Administrative Code, not specifically addressed in those rules appearing in Chapter 80-5-1, Alabama Admininistrative Code, is $2,000.
Author: Charles H. Barnes
History
History
(1) The maximum penalty for the proven violation of an official suspension or stop sale order under Code of Ala. 1975, § 2-27-15, is $5,000.
(2) The maximum penalty for the proven violation of an official written order of the Commissioner of Agriculture and Industries resulting from a hearing before him concerning a violation of Code of Ala. 1975, Chapters 27 or 28 of Title 2, and official rules promulgated thereunder is $2,000.
Author: Charles H. Barnes
History
(1) The maximum penalty imposed by any rule of Chapter 80-5-1 is increased by 100% up to the maximum allowed by law if there is a subsequent proven violation of the same offense committed by the same person or entity within 12 months of the first violation.
(2) The maximum penalty is increased by 50% if the subsequent violation occurs after 12 months, but less than 24 months of the first violation.
(3) The maximum penalty is increased by 25% if the subsequent violation occurs after 24 months, but less than 36 months of the first violation.
(4) No increase of maximum penalties is allowed for subsequent proven violations occurring after 36 months of the first violation.
Author: Charles H. Barnes
History
(1) The Commissioner of Agriculture and Industries under Code of Ala. 1975, § 2-2-16, is charged with the execution and enforcement of all of the laws under which the Commissioner of Agriculture and Industries is authorized to administer. This necessarily requires the issuance of many licenses and permits for the operation of numerous activities.
(2) Since the public is necessarily involved with these permittees, licensees, and product registrations, if names are similar, there is always a chance that misrepresentation, confusion, mistake or fraud could occur.
(3) The purpose of these rules is to, as far as possible, see that the public is not misled and that there is complete understanding with exactly what entity the public is dealing.
Author: Charles H. Barnes
History
(1) These rules shall be applicable to all products, persons, corporations, agencies, associations or any other entity required to be registered, licensed or permitted, with the exceptions listed below.
(2) These rules shall not be applicable for any product, person, corporation, agency, association or other like entity that was registered, licensed, or permitted prior to the adoption of Chapter 80-5-2.
(3) These rules shall also not be applicable to registration requirements for gasoline which shall be regulated under Rule 80-1-16-.10.
Author: Charles H. Barnes
History
(1) No product, person, corporation, agency, association or other like entity requesting registration, licensing or permitting under Alabama law enforced by the Commissioner of Agriculture and Industries shall be so similar in name to another person, corporation, agency, association or other like entity already registered, licensed or permitted, that the public could be confused or mistaken in purchasing the product or dealing with the entity.
(2) The decision on whether similarity creates confusion, misrepresentation, mistake or fraud to the public shall be wholly that of the Commissioner of Agriculture and Industries or his designated agent.
(3) Any person aggrieved by any decision of the Commissioner or his agent may request and receive a hearing. The hearing and any appeals henceforth shall be conducted under the provisions of the Alabama Administrative Procedure Act and those laws applicable to the specific registration, license or permit.
(4) The provisions of this rule shall not be applicable if it is in conflict with any state or federal laws or rules governing the registration of trademarks or brands. It is the responsibility of the registrant to demonstrate said conflict.
Author: Charles H. Barnes
History
Any entity requesting to be licensed or permitted reflecting that it is a corporation by the use of the words, corporation, incorporated, or any other words that might cause the public to believe that said entity is, in fact, a corporation, must be in full compliance with all Alabama laws regarding corporations, both domestic and foreign, and to include registration with the Secretary of State.
Author: Charles H. Barnes
History
(1) The failure of a specific name to be registered, or the failure of an entity to be licensed or permitted, for a period of two consecutive years, will be considered an abandonment.
(2) Notwithstanding the provisions of paragraph (1) above, the attempt by anyone, by the use of an abandoned name, to mislead or confuse the public is prohibited and grounds for revocation of the registration, permit or license.
Author: Charles H. Barnes
History
(1) No gin plant shall be operated by any proprietor, lessee or manager until a satisfactory showing shall have been made to the Commissioner that the corporation, firm or individual is a competent and desirable corporation, firm or individual to operate a gin, and that reasonable ginning facilities, conveniences and services are provided and will be maintained.
(2) All applicants for a permit to do business as a cotton ginner shall fill out and execute in full the application forms furnished by the Commissioner.
Author: Charles H. Barnes
History
(1) Every proprietor, lessee or manager of every cotton gin shall place on every bale of cotton ginned not less than eighteen (18) pounds of bagging and ties, or more than twenty-one (21) pounds of bagging and ties.
(2) Every proprietor, lessee or manager of every cotton gin shall place on every bale of cotton ginned six ties known as standard forty-five pounds to the bundle of thirty ties, and not less than six yards of sound bagging, new or second hand (the minimum tensile strength to be determined by the State Board of Agriculture), which said bagging shall be free of all sample holes, rents or cuts, shall be lapped sufficiently to cover the ends of the bales and shall be securely tucked under the ties or sewed. No ties shall be used that are so badly rusted as to be likely to break or pull apart before the bale has been compressed. No ties shall be used that have been spliced, leaving sharp or projecting edges at the place of splice lap. All ties must be securely fastened on the bale before it is allowed to leave the gin yard.
(3) Every cotton gin is required to adequately cover each bale of cotton with sound bagging sufficiently strong to protect the cotton and the heads of bales must be completely covered with such bagging.
NOTE: Paragraph (3) of Rule No. 80-6-1-.02 above was certified into Legislature Reference Service in 1983 as Chapter 80-6-2. This Chapter has now been downgraded into a subrule as evidenced above.
Author: Charles H. Barnes
History
(1) Every proprietor, lessee or manager of a public gin shall keep and use a book of register as required by Section 367 of the Agricultural Code of Alabama, which said section reads as follows: Every person, firm or corporation who gins cotton for hire or toll shall keep a book in which they shall register all cotton received at their gins to be ginned in the name of the owner thereof if known; and if not known, then the ginner shall make due and diligent inquiry of the person who delivers said cotton to be ginned, and record in his book the name of the owner as given, and the name of the person from whom the cotton may be received, which book shall also show the date of ginning and the gin number of each bale, which gin number shall continue consecutively for each bale ginned by any particular gin, to the close of the season; such register shall be kept open for the inspection of the public.
(2) The amount of seed cotton ginned, if determined prior to the ginning of a bale, shall also be recorded in the book of register. If the weight of a bale and/or seed be recorded, the weight shall be correctly determined by the use of accurate, standard scales.
NOTE: Section 367 of the Agricultural Code of Alabama set out above has been codified into Code of Ala. 1975, § 2-19-15.
Author: Charles H. Barnes
History
Every cotton ginner shall permanently make, stamp or otherwise label every bale of cotton ginned by means of a tag securely attached to the bale, so as to show legibly thereon the Department of Agriculture and Industries PERMIT NUMBER of the cotton ginner preceded by the letter "P", or the ginner's federal gin code number, and the CONSECUTIVE GIN NUMBER of the bale as recorded in the book of register by the ginner. In addition to this requirement, a ginner may add to the said tag any other printing or marks of identification.
Authors: Marise Mims Sandidge, Reginald L. Sorrells
History
Anyone removing the tag or marks described in Rule 80-6-1-.04 from a bale of cotton shall be guilty of violating the rules and regulations of the State Board of Agriculture and shall be subject to the penalties therefor.
Author: Charles H. Barnes
History
(1) All parts of the gin machinery shall run true, and all belts shall be kept in condition to pull at all times the maximum capacity.
(2) The saws and ribs shall be kept in perfect alignment and in good condition, the saws being centrally placed between the ribs.
(3) Gins shall not be run at a greater speed than that recommended by the manufacturer of the gin in use, nor than that which will produce the best quality of lint for the particular cotton being ginned. The gin roll shall not be run tight enough to cause injury to the fiber.
(4) Air blasts shall have sufficient pressure at the end of the nozzle and so directed against the saw teeth as will ensure the removal of the lint from the saws in the proper manner. Where brushes are used the bristles shall be of sufficient length as to take all the lint from the saws.
(5) Cotton in process of ginning shall be kept from contact with oil, grease, dirt, motes and trash.
(6) In changing from a trashy, low grade bale to good cotton, for the purpose of giving the same good sample on both sides of the succeeding bale, the breast of the gin shall be left down on every bale until the roll ceases to turn, for the purpose of giving the same sample on both sides of the bale, before beginning on the next bale.
(7) All persons engaged in the business of ginning cotton in the State of Alabama shall properly equip their gins and hold themselves in readiness to perform such duties as the Commissioner may require, unless from good cause the duty cannot be performed.
(8) The Commissioner shall make recommendation to the operator of any gin plant of any change or improvement to said plant that is required or that would be to the advantage of the operator or customer, or both. It shall be the duty of the operator to notify the Commissioner when such changes have been made.
(9) Notice of the discontinuance of use of any gin equipment, of record in the office of the Commissioner, shall be made to the Commissioner at the time of or before the discontinuance of use.
Author: Charles H. Barnes
History
The proprietor, lessee or manager of any cotton gin shall notify the Commissioner of the change of ownership or management of the gin.
Author: Charles H. Barnes
History
(1) Whenever a fire is known to have occurred in the process of ginning a bale of cotton, the proprietor, lessee or manager of a cotton gin in which such fire shall have occurred shall attach to the bale of cotton in the gin press at the time the fire was discovered a red tag giving the date of ginning and the words in conspicuous type, DANGER OF FIRE.
(2) The failure of any proprietor, lessee or manager of any cotton gin to mark the bale of cotton in the gin at the time the fire occurs as prescribed in paragraph (1) above shall subject the proprietor, lessee or manager to the revocation of his permit.
Author: Charles H. Barnes
History
Such reports, relating to operations, gin equipment and ginning, shall be made on specified dates each year by every proprietor, lessee or manager, to whom a ginner's permit has been issued, as the Commissioner or his agent may request.
Author: Charles H. Barnes
History
(1) The proprietor, lessee or manager of any cotton gin shall procure on or before July 1 of each year from the commissioner a permit to do business as a cotton ginner, the application for which shall be made upon forms to be furnished by the commissioner. The fee for the annual permit shall be $75.00, payable to the Commissioner of Agriculture and Industries for deposit to the credit of the Agricultural Fund, which shall accompany the application for the permit. If such permit fee is not paid within 45 days from the due date, a delinquent penalty of 15 percent shall be added.
(2) Any person engaged in business as a cotton buyer as defined in § 2-19-100 of the Code of Ala. 1975, as amended, shall, in addition to satisfactorily complying with the requirements of the Alabama Code, submit an application fee of $100 with each application.
(3) The Ginner's Permit shall be posted in a conspicuous place in the gin house for which such permit has been issued.
(4) Upon the sale, lease or change in ownership and a change of the proprietor, lessee or manager of any cotton gin, the permit automatically cancels and a new application for a permit shall be made in due form as for a new gin.
NOTE: The Ginners Permit set out above is required by Code of Ala. 1975, § 2-19-61.
Authors: Charles H. Barnes, John P. Hagood
History
No dirt or other foreign material removed from seed cotton during the process of ginning shall be returned to the seed. The return of sand and other foreign matter to cotton seed after the same has been removed from seed cotton, or the adding of dirt or other foreign material to cotton seed is held to be an adulteration of the seed in violation of the United States Food and Drug Act of 1906 as subsequently amended. In like manner, the same practice in Alabama would be an adulteration in violation of the Alabama Food and Drug Act of 1927, and would, therefore, subject persons engaged in such practice to prosecution under the said laws. Because of objections under the Food and Drug Laws and of the economic waste in the practice of adulterating cotton seed with dirt and other foreign material, no proprietor, lessee or manager of any cotton gin outfit that is constructed so as to clean seed cotton and separate the foreign material from same shall allow the foreign material to be returned to the seed.
NOTE: The Alabama Food and Drug Act of 1927 mentioned in the above rule is codified in Code of Ala. 1975, §§ 20-1-20 et seq.
Author: Charles H. Barnes
History
We the State Board of Agriculture, hereby recommend for consideration, the following:
(a) That whereas the ginning of wet cotton greatly reduces the market value of cotton, injures the gin machinery and unduly reduces the progress of ginning, it is better for all parties concerned that a ginner refuse to gin wet cotton.
(b) That all ginners, wherever practical, should provide sheds without cost for the storage and protection, until ginned, of such cotton as is delivered by customers to be ginned.
(c) That all gins have fire protection consisting of one approved fire extinguisher for each gin stand, and in addition thereto, one water barrel for each gin stand, filled with salt water and two buckets for each barrel. Provided that where steam power is used a steam jet for use in the lint flue in case of fire, be provided. The barrels should be kept full at all times and the buckets should be used only in case of fire.
(d) That all cotton, after being ginned, be removed from the gin house and kept at a safe distance of fifty feet from the gin.
NOTE: The above Rule apparently only recommends the above ginning practices. Violation of this rule would probably not be considered a violation of a rule or regulation.
Author: Charles H. Barnes
History
The purpose of this regulation is to set up requirements and guidelines to be used by grain dealers in keeping of records, inspections and weighing of grain.
Author: Charles H. Barnes
History
Any and all regulations promulgated under the authority of the State Board of Agriculture and Industries in conflict with this regulation are hereby repealed and withdrawn.
Author: Charles H. Barnes
History
The words defined under Code of Ala. 1975, § 2-31-1, for use in the Grain Dealer Law shall carry the same meaning in this regulation unless otherwise noted.
Author: Charles H. Barnes
History
(1) All grain purchased by weight by a grain dealer from a producer shall be weighed by a weighmaster. This weight shall be the official weight in price determination.
(2) The above weighmaster shall be appointed and bonded as a weighmaster under the provisions of Code of Ala. 1975, §§ 8-16-50 through 8-16-59.
Author: Charles H. Barnes
History
(1) So that Department of Agriculture and Industries personnel may effectively and safely administer the grain dealer law, all grain storage bins, tanks and elevators shall be equipped with sufficient ladders, man-lifts, catwalks, and safety devices so to permit ready and safe ingress, egress, and/or examination.
(2) This shall include having all grain storage facilities equipped in such a manner as to afford reasonable accessible inspection, measuring and/or examination by Department personnel.
Author: Charles H. Barnes
History
(1) Upon selling grain on consignment, a grain dealer shall mail to the selling producer payment in full for said grain within 48 hours after being instructed to sell by the producer. Documentation reflecting full information concerning the sale and/or the producer's account shall accompany the payment.
(2) The requirements of Paragraph (1) above may be waived upon written authorization for different arrangements, signed by the producer.
Author: Charles H. Barnes
History
(1) Each grain dealer shall keep and maintain grain receiving and shipping records on the premises of each separate location which reflect the minimum information listed below:
(a) Date issued.
(b) To whom issued.
(c) Weight of grain.
(d) Kind of grain.
(e) Date released or shipped.
(f) To whom the grain was shipped or released.
(g) Identifying marks, if any.
(h) Weight tickets shall be prenumbered.
(2) Records reflecting grain sold on consignment shall reflect the minimum information listed below:
(a) Name and address of the producer consigning such grain.
(b) The date of receipt of the grain.
(c) The kind, quality and amount of the grain.
(d) Full price documentation to include consignment price and amount sent to the selling producer, if different, and charges for storing, handling, etc., made against selling price.
(3) The minimum records required in this rule shall be maintained and kept by the grain dealer for at least 12 months following the last transaction.
Author: Charles H. Barnes
History
The Commissioner will attempt to inspect and examine every grain dealer at least twice each year, time and personnel permitting. Right is reserved to either increase or decrease examination and inspection time within the discretion of the Commissioner. It should be clearly understood that either increasing or decreasing this time does not necessarily reflect evidence or suspicion of wrongdoing or an exemplary operation.
Author: Charles H. Barnes
History
Pursuant to Code of Ala. 1975, § 2-31-3, each applicant for a license as a grain dealer shall pay a license application fee according to the terms of Code of Ala. 1975, § 2-31-3 according to the following formula:
(1) 500,000 bushels or less storage capacity; $50.00 each separate location;
(2) Over 500,000 bushels storage capacity; $100.00 each separate location;
(3) No storage capacity; $25.00.
History
The purpose of this Chapter is to provide rules and standards for the operation of public warehouses in the areas of fire prevention, storage of goods, receipts, records, reports, bonds and insurance.
Author: Charles H. Barnes
History
Those regulations entitled Regulations of Public Warehouses in the State of Alabama by the State Board of Agriculture and Industries incorporating six regulations effective August 1, 1961, covering the subjects of fire prevention, receipts, storage, records and receipts, reports, insured and amount of bonds, and that regulation entitled Regulations Authorizing the Use of Tabulating Machine Card Receipts by Public Warehouses Storing Cotton under the Alabama Warehouse Law, effective July 1, 1957 and dated May 28, 1957, and that regulation entitled Public Warehouse Regulation, effective November 1, 1969, dated October 21, 1969, are hereby repealed and withdrawn. The following rules are hereby substituted in their place.
Author: Charles H. Barnes
History
(1) All loose cotton from sampling or from picking damaged cotton must be removed from the warehouse or placed in bags or closed bins as soon as picked or removed from the bale.
(2) All trash and rubbish must be removed from warehouse and not allowed to remain closer than 100 feet from any open area. Cotton stored in the open should be tiered or stacked in an orderly manner and so located as to reduce fire hazards to a minimum.
(3) No Smoking signs must be kept conspicuously posted in the warehouse at all times.
(4) Cotton that has been in a fire, or in which fire originated during the process of ginning, must not be stored in any warehouse for at least five days after such fire.
(5) No warehouseman shall store any article of value, other than for which a public warehouseman's permit has been issued, when the warehouse space is needed for the storage and proper protection of the goods authorized in the warehouseman's permit. When the warehouse space will permit other articles to be stored than that for which a public warehouseman's permit has been issued but storage for such additional article or articles would cause the insurance rate on the goods in the warehouse to increase, then the additional article shall not be stored until after the warehouseman has absorbed the increased insurance on all the goods stored. No nitrate material such as ammonium nitrate shall be stored in warehouses where cotton is stored. The Commissioner of Agriculture and Industries is authorized to refuse to approve, or to withdraw his approval of the application of a public warehouseman's permit to store more than one article when it appears that all the storage space is, or will be, needed for the proper protection and accommodation in handling of the principal article represented in the application for a warehouseman's permit.
(6) In addition to the above requirements set out in paragraph no.
(1) through (5) above, all public warehouses must comply with those fire prevention standards as promulgated by regulation of the State Fire Marshal and those standards imposed by the various municipalities where the public warehouse may be located. Failure to comply with the above standards, after warning, will be considered grounds for revocation, suspension or failure to renew the permit for the operation of a public warehouse.
Author: Charles H. Barnes
History
(1) No warehouseman is authorized to issue any character or form of a receipt except that authorized by law and the rules and regulations of the State Board of Agriculture and Industries. Receipts now in use and approved by the State Board of Agriculture and Industries are approved receipts for use of public warehousemen.
(2) All endorsements on the warehouse receipt of the words stored in the open, shall be with a rubber stamp across the face of the receipts with letters of the words to be not less than 1/4 inch in height.
No receipts shall be used for representing cotton or other articles of value, stored in the open other than those which are in use for the storage of cotton or other articles of value within the warehouse.
(3) The Commissioner of Agriculture and Industries is authorized to negotiate and make arrangements by contract with a manufacturer of safety paper to have the seal of the Department of Agriculture and Industries watermarked in said paper for printing receipts approved for use by public warehousemen, and to cause the watermarked safety paper to be placed at the disposal of a contract printer. He is also authorized to negotiate and make arrangements by contract for printing of public warehouse receipts on the watermarked safety paper secured by contract from the manufacturer thereof. The printer shall make such bond or bonds for the faithful performance of his contract and the proper handling of the watermarked paper and orders of public warehousemen as the Commissioner may require.
All orders for receipts shall be made to the contract printer by the warehouseman and the printer will submit a copy of the order, in duplicate, to the Department of Agriculture and Industries for approval before the order is filled.
(4) Any warehouseman who for some extraordinary reason desires to print his receipts in approved form and/or as an approved Block receipt, on a safety paper other than that herein described, may do so after first obtaining a special permit from the Commissioner of Agriculture and Industries, provided the printer making such receipts posts the necessary bond that may be required by the Commissioner and meets all other terms required of the contract printer. Should the warehouseman contract for and use receipts, contrary to the provisions of this section, the Commissioner may himself, or through his agents, at his discretion, confiscate such illegal receipts wherever found. Also the Commissioner himself, or through his agents, may confiscate all unused receipts of warehousemen whose permits have been withdrawn or who have ceased to do a warehouse business.
(5) Warehousemen are also authorized to use and issue receipts printed upon tabulating machine cards provided such receipts otherwise comply with all requirements of the law and rules and regulations now in effect which govern the issuance of uniform warehouse receipts and such receipts must be issued in accordance with all of the requirements for receipts set out in this rule and the law.
(6) The Commissioner of Agriculture and Industries is authorized to enter into a contract with a manufacturer of tabulating business machine cards whereby such manufacturer will supply and furnish public warehouses storing cotton with tabulating machine cards pre-punched which comply with requirements of the Commodity Credit Corporation on which there shall be imprinted the uniform cotton warehouse receipts now required of such warehousemen. The manufacturer furnishing the tabulating machine card receipts shall be required to make and execute any bond that may be required by the Commissioner for the faithful performance of his contract and for the proper handling of receipts prepared for sale and distribution to public warehousemen together with other requirements which will enable the Commissioner of Agriculture and Industries to enforce the provisions of the Uniform Commercial Code and this rule.
(7) In addition to the above forms of warehouse receipts authorized for use, the form of electronically recording warehouse receipts knows as an electronic warehouse receipt (EWR) record is authorized for use provided:
that electronic warehouse receipts recorded, issued and filed meet the requirements of the regulations promulgated by the Consolidated Farm Services Agency (CFSA), formerly Agricultural Stabilization Conservation Services (ASCS), and published in the Federal Register and annually codified as 7 C.F.R. part 735, relating to the issuance of cotton warehouse receipts, which regulations are incorporated herein and made a part hereof by reference for use of the Commissioner of the Alabama Department of Agriculture and Industries (Commissioner) as he may deem necessary;
that the individual or entity which operates the central filing system (CFS) which stores the (EWR) records, called "provider", shall meet the requirements of 7 C.F.R. part 735, as determined by the Commissioner. Only provider applicants approved by the CFSA shall be considered eligible for approval as a provider in Alabama. Eligible provider applicants shall first apply and secure approval form the Commissioner prior to providing service. The Commissioner shall not approve applicants with an interest which may reasonable be deemed to be in conflict with provider status as determined by Commissioner. Commissioner is authorized to formulate provider agreement for use as he may prescribe. He may suspend or terminate a provider's agreement for cause at any time.
Approved providers shall furnish to Commissioner annual audit level financial statements and submit to electronic data processing audits in like form submitted to CFSA; provide the Commissioner, for Department purposes, with unrestricted access to the physical site where the CFS and off-site records are retained, unrestricted access of provider's CFS and all related and backup files at no charge; and provide in a timely manner requested information in either electronic or printed format or both at Commissioner's discretion.
Each provider shall maintain an "errors and omissions", and a "fraud and dishonesty" insurance policy showing users, holders, and warehousemen as payees, each having a minimum coverage of $2 million dollars with a deductible for each policy not to exceed $10,000. Provider shall provide Department with proof of such insurance upon request. Each policy shall contain a clause requiring written notification to Department thirty days prior to cancellation.
In addition to all other authority and power granted the Commissioner in the execution of the duties of the Department, as the same shall pertain to the regulation of EWR's for non-federally licensed warehousemen in the State of Alabama, the Commissioner's authority and power herein shall in all respects correspond to that of the CFSA under the provisions of 7 C.F.R. part 735.
(8) The Commissioner may enter into a contract with providers as may be necessary in order to perform his regulatory duties hereunder. The provider shall be required to make and execute any bond that may be required by Commissioner for the faithful performance of the contract and for the proper handling of EWR records together with other requirements which will enable the Commissioner to enforce the provisions of the Uniform Commercial Code, referenced federal regulations, Alabama law and this rule.
Author: Robert J. Russell
History
(1) All negotiable receipts issued for cotton must state, in addition to the requirements set out in the Uniform Commercial Code Documents of Title, Act, the weight, grade if known, private mark, and condition, if subject to comment, of the cotton when stored, except, that upon request in writing, the weight of the bale may be omitted from receipts issued for shippers cotton, provided such receipts are marked: NOT WEIGHED BY WAREHOUSE ISSUING THIS RECEIPT. In the absence of such written request not to weigh each bale of cotton received for storage each such bale must be accurately weighed by the warehouseman at the time it is received for storage, and the weight so determined shall be the weight inserted in the warehouse receipt. Provided, however, that any bale tendered for storage which bears external evidence of mud, excessive moisture, or weather damage, shall not be weighed for storage and a negotiable warehouse receipt shall not be issued thereon, until such bale is properly dried and cleaned, and any damage thereto plainly noted on the face of such receipt.
(2) Every receipt issued must state on its face whether it is negotiable or nonnegotiable.
(3) All warehouse receipts, whether negotiable or nonnegotiable must state plainly on their face whether the commodities represented by them are insured or not.
(4) Warehouse receipts shall be numbered consecutively and shall not be construed to prevent the issuance of receipts in regular sequence with respect to numbers assigned to cotton or other articles of value being stored from time to time in large quantities by one person or concern.
(5) There shall be printed on the face of every receipt, at lower left portion thereof, a statement of the nature of all charges to be made by the warehouseman which shall include the rate of monthly storage and the nature (though not the amount of the charge) of other services for which a lien is claimed.
(6) When a tariff charge covering receiving services or the first month's storage, or both, is collected at the time a warehouse receipt is issued, a notation of the collection of such charge or charges shall be made on the face of the warehouse receipt.
(7) A statement of ownership and all encumbrances on the articles of value on which a negotiable receipt has been issued which are not evidenced on the face of the receipt and the date of said statement shall be written or printed immediately before the space for endorsement on the back of every receipt.
(8) Receipts issued for the storage of cotton linters, motes and other waste cotton shall not be issued on receipt forms prescribed for lint cotton, and such receipts shall be printed on distinctive paper stock of a different color from receipts used for storage of lint cotton. Receipt forms used for the storage of cotton linters, motes and other waste cotton must be approved by the Commissioner of Agriculture and Industries.
(9) In case of a lost or destroyed receipt, a new receipt upon the same terms subject to the same conditions and bearing on its face the number and the date of the receipt in lieu of which it is issued and a plain and conspicuous statement that it is a duplicate issued in lieu of a lost or destroyed receipt, may be issued upon compliance with the conditions set out below.
(10) Before issuing such duplicate receipt the warehouseman shall require the depositor or other person applying therefor to make and file with the warehouse 1. an affidavit showing that he is lawfully entitled to the possession of the original receipt, that he has not negotiated or assigned it, how the original receipt was lost or destroyed, and, if lost, that diligent effort has been made to find the receipt without success, and 2. a bond in an amount double the value, at the time the bond was given, of the cotton, or other articles of value on which a negotiable receipt has been issued, represented by the lost or destroyed receipt. Such bond shall be in a form approved for the purpose by the Commissioner of Agriculture and Industries, shall be conditioned to indemnify the warehouseman against any loss sustained by reason of the issuance of such duplicate receipt, and shall have as surety thereon a surety company which is authorized to do business and is subject to service of process in a suit on the bond, in the State of Alabama or two individuals each of whom owns real property having a value, in excess of all exemptions and encumbrances, to the extent of double the amount of the bond.
Author: Charles H. Barnes
History
(1) There shall be a warehouse record of every receipt issued for cotton or other articles of value which shall be a duplicate of the receipt issued as to the following:
tag letter, if used;
receipt number;
place and date of issuance of the receipt;
person to whom issued;
description of the article; and
the signature of the person authorized to sign receipts.
(2) A numerical record book or Electronic Warehouse Receipt (EWR) record shall be kept by all warehousemen, which shall furnish the following information:
date of issuance of receipt;
from whom article received;
number of receipt (which shall correspond to tag number of bale or other article);
weight of bale, or in case of other articles, the weight, measure or other approved description;
date of delivery and
to whom delivered. All books and records of all warehouses must be kept posted to date, so as to show a true condition of the warehouse at all times.
(3) All books, records except EWR records, receipts and cancelled receipts must be kept in a fireproof safe or vault so that in case of fire they will not be damaged or destroyed. In case of fire, and the destruction or damage therefrom of articles on which receipts are outstanding, the warehouseman shall notify the Commissioner of Agriculture and Industries immediately by wire or telephone. The Commissioner shall, on receipt of such notice, proceed immediately to make an audit of the article, receipts and records of the warehouse.
(4) No property shall be delivered to anyone except upon the surrender and cancellation of the receipt issued for the storage of such property, and such receipt, except for EWR record shall be cancelled by tearing or cutting out that portion of the receipt which contains the signature of the warehouseman; provided, however, the warehouseman may cancel such receipts by perforation which shall stamp the word "Cancelled" on each such receipt, but before a warehouseman shall use this method of cancellation, permission therefor shall be obtained from the Commissioner of Agriculture and Industries. An EWR record shall be cancelled by warehouse through Provider database.
(5) All cancelled warehouse receipts shall be kept by the warehouseman and set up or filed in numerical order in sequence according to serial numbers of the receipts.
(6) In the event a warehouse receipt becomes lost or destroyed after such receipt is surrendered to the warehouseman and the property covered by the receipt is delivered to the receipt holder, the warehouseman shall execute and furnish to the Commissioner of Agriculture and Industries an affidavit stating the reason why the receipt or receipts cannot be produced, list receipt numbers together with such other information as the Commissioner may require. The foregoing requirement must be complied with by the warehouseman before the Commissioner is authorized to delete the numbers of any cancelled receipts involved from the warehouseman's outstanding receipts where such receipts have been lost or destroyed.
(7) Any warehouseman who receives cotton or other articles of value and issues a receipt for same, places the said cotton or other article of value outside of warehouse for a longer period of time than seventy-two hours, and who fails to stamp across the face of the receipt at the time of issuance, the words "stored in the open", shall be held to have violated Code of Ala. 1975, § 8-15-16. Cotton or other articles of value having been stored inside the warehouse, and later moved outside of the warehouse, must be insured by the warehouseman at the time it is "stored in the open", provided that the receipt is outstanding and uncancelled by the warehouseman.
Cotton or other articles of value "stored in the open" may be moved inside the warehouse, and a new receipt issued, provided the original receipt on which the words "stored in the open" are endorsed is taken up and cancelled at the time, and that the insurer of the article so transferred be given notice at the time of such transfer.
(8) Every warehouseman shall, upon acceptance of any bale of cotton or other article in package or separate unit form (not fungible) for storage, immediately attach thereto a tag of good quality which shall be numbered to correspond to the number of warehouse receipts issued for same.
(9) Every warehouseman shall so store and arrange every bale of cotton or any other goods so that a tag check may be made as needed. The warehouse owner shall, upon reasonable request by Department examiner, promptly present cotton receipts and storage records and move or rearrange cotton bales to allow accurate count and/or tag check.
(10) All warehouses must be constructed so as to exclude dampness and moisture from beneath and the roof must be kept in good repair so as to prevent leaks.
(11) When baled cotton suffers damage while stored in a public warehouse, the warehouseman shall as promptly as feasible reweigh the damaged bales, effect the necessary repairs and again reweigh the bales after repairs are completed. Notice that such repairs have been made, including bale tag numbers, reweights before repairs and reweights after repairs shall be promptly mailed or delivered to the holder of the warehouse receipts covering such cotton as soon as such holder or owner can be identified.
(12) Scales used in weighing cotton in public warehouses shall be tested for accuracy at least once daily and when such scales have been moved from one location to another.
(13) Every warehouse storing commodities for the public shall be open or the warehouseman shall be available by a posted notice five days each week (Monday through Friday with holidays excepted) a minimum of eight hours per day for the delivery of commodities. Every such warehouse shall post a notice on the outside front door of the warehouse, or other conspicuous place thereon, which notice shall give the name, address and telephone number of the warehouseman or one or more of his employees who can be contacted for the delivery of stored commodities in order that such information may be available to storers of commodities when the warehouse is closed. Each warehouse shall show in its published tariff the hours of the day that it will be open and also the name, address and telephone number of the person who can be contacted for delivery of commodities when the warehouse is closed.
Author: Robert J. Russell
History
(1) At the close of business on the last day of every calendar month, all public warehouseman shall make a report to the Commissioner of Agriculture and Industries showing such information as he may require; blanks for submitting these monthly reports will by provided by the Commissioner of Agriculture and Industries. An exact copy of this report shall be kept on file by the warehouseman for a period of six months after the date on which the report is made.
(2) At the close of business of every day all public warehousemen shall make and keep for inspection by the Commissioner of Agriculture and Industries a report of all cotton or other articles of value placed outside the warehouse, the number of bales of cotton or the number or amount of other articles of value stored outside, naming the amount of insurance and the companies with whom the insurance is carried; provided, that all cotton or other articles of value stored in the open shall be insured for the full value of same at the time it is stored in the open.
(3) At the beginning of each cotton season, each public warehouse authorized to store cotton shall file with the Commissioner of Agriculture and Industries a tariff or schedule of rates and charges to apply during the season. When any rate or charge is changed during the cotton season, previous notice in writing of such change shall be filed with the Commissioner of Agriculture and Industries. Such tariffs and amendments shall be filed in duplicate and made available to the interested public.
Author: Charles H. Barnes
History
(1) All public warehouses shall fully insure against loss by fire, peril or damage all goods accepted for storage to include each and every bale of cotton, unless instructed by the owners of such goods not to insure them. The above property insurance shall be issued by insurers authorized to do the business of insurance in the State of Alabama and shall be without limit of liability.
(2) Any purchaser of an insured warehouse receipt who desires cancellation of the insurance on same must surrender to the warehouseman said receipts to be stamped with the words Not Insured By Warehouseman showing date with a rubber stamp across the face of the receipts with letters of the words Not Insured By Warehouseman to be not less than 1/4 inch in height.
(3) Those warehouses falling under the provisions of Code of Ala. 1975, § 8-15-7, requiring proof of warehouseman's legal liability insurance shall, prior to the issuance of a permit, present evidence of this insurance in an amount equal to the total value of goods stored at any one time during the past 12 months. If the warehouseman, by written contract with a storer of goods, limits his liability, then only the value of the goods for which the warehouseman is liable need be covered by the above liability insurance. Written certification reflecting the amount of contractual liability shall accompany the required evidence of insurance. Exclusionary causes in the insurance policy excluding coverage of liability insurance on stored goods in the care, custody or control of the warehouseman shall not be accepted and if the insurance policy contains such a clause, the warehouseman shall be deemed not to have complied with the provisions of § 8-15-7 above regarding liability insurance coverage.
Author: Charles H. Barnes
History
(1) The bond required under Code of Ala. 1975, § 8-15-7 above for warehouses storing the following agricultural commodities shall be computed, based upon the total storage capacity of the warehouse or group of warehouses, all under one permit. The total bond shall be subject to the liabilities of each warehouse, under one permit, such warehouses being considered as one for bond requirements.
(a) Cotton - $5.00 per bale.
(b) All agricultural commodities other than cotton 20 cents per bushel. If the warehouse stores on tonnage other than bushel basis, minimum weights of the various commodities per bushel as set out in Chapter 80-13-3 shall be used for conversion to bushels.
(2) The Commissioner of Agriculture and Industries may, in his discretion, use the regulations of the Federal Warehouse System for the determination of the total storage capacity of a warehouse.
Author: Charles H. Barnes
History
Any applicant for a permit to operate a public warehouse as outlined in Code of Ala. 1975, § 8-15-3 shall remit to the Department of Agriculture and Industries a fee of $150.00 with said application.
Author: John P. Hagood
History
(1) The Alabama Farmers Market Authority serves to promote the sale of Alabama-grown farm products by giving local farmers the chance to sell food they raise directly to consumers and allowing consumers to buy fresh food from the farmers who raise it. The Alabama Department of Agriculture and Industries', Farmers Market Authority accomplishes this purpose by providing local farmers markets the opportunity to become Certified State Farmers Markets, thus giving consumers confidence that they are buying only fresh, locally raised produce.
(2) The "Alabama Certified Farmers Market Program" is created to promote and identify a market place for Alabama grown fruits, vegetables, plants, and other products made and/or processed in Alabama.
(3) The primary objectives of an "Alabama Certified Farmers Market" is to offer a diverse product selection, attract a large and repeating customer base, and afford farmers a profitable location to sell produce and other goods.
(4) Factors that define the term "Farmers Market" and distinguish farmers markets from road-side stands, grocery stores and from other types of food marketing outlets, include: farmers selling produce and food items they grow and produce to individual customers at a temporary or permanent location, often located on public property, such as a common public area or parking lot on a periodic basis, typically once or twice a week for a set period of time, usually 3 or 4 hours. This happens during the local growing season, usually 5 or 6 months.
(5) Depending on the farmers markets, a wide variety of products are available. Poultry, pork, fish, shellfish, lamb, beef, eggs, milk, cream, butter, cheese, honey, syrup, jams, jellies, sauces, mushrooms, flowers, breads, and pastries are some examples of vendor produced products sold at farmers markets in addition to fruits and vegetables.
History
(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
(c) Authority - "Authority" refers to the "Farmers Market Authority" as provided in Alabama Code § 2-5A-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.
History
(a) A person or entity may apply to be a Certified Farmers Market by completing a Certified Farmers Market Application and submitting it to the Authority. The application shall be on a form authorized by the Director.
(b) Application to become a Certified Farmers Market shall be made by the proposed operator(s) of a Certified Farmers Market and shall include a signed agreement by the operator(s) to comply with the terms of the Authority's Rules and Regulations.
(c) Upon receipt and approval of the Certified Farmers Market Application, the Authority shall issue a Certified Farmers Market Certificate. The certificate shall identify where the market is located and indicate that the marketplace is a Certified Farmers Market where agricultural products may be sold or offered for sale.
(d) The governing body of a Certified Farmers Market shall promulgate a set of market rules and regulations which specify procedural criteria pertaining to the following:
Establish the identity of the persons or entities that govern the market and the philosophy and purpose of the market.
Establish the identity and duties of the Market Manager.
Establish rules for participating in the market.
Establish who may participate in the market and what may be sold at the market. The number of non-food vendors may not exceed 30% of the total vendors. Arts and crafts are not permitted for sale at the market unless they have received prior approval by the Market Steering Committee/Board. Items purchased for resale, as well as items made from kits, commercially available plans and items that are mechanically mass-produced may not be sold at the market.
Establish the process for selecting vendors and establishing fees. Establish market space allocation procedures including priorities, preferences, and stall fees.
Identify all documents and licenses required to participate including: proof of insurance, grower's permits/certificates and/or business licenses. Attach a copy of all documents to the final version of your market's rules.
Establish detailed guidelines on issues such as market location, day(s) and hours of operation set-up, clean-up, selling times, notification for non-attendance, pets, samples, sanitation, signage, smoking, food safety and food handling.
Establish procedures for rule enforcement, including reporting violations, notice, penalties, suspension or removal and appeals.
Incorporate applicable State and Local requirements into your market's rules, with agreement that it is vendor's responsibility to comply.
The sale of live animals is not allowed at the market.
Wine is prohibited for distribution and/or retailing at farmers markets in the State of Alabama. Alcohol, i.e. beer, whisky, etc., is prohibited for sale at farmers markets.
Establish the method by which the vendor agrees to indemnify and hold harmless the market organizer from any liability arising from the vendor's participation in the market.
Establish rules for handling and storing different types of foods with guidelines for sampling if allowed. It is the responsibility of each vendor to abide by all state and federal regulations which govern the production, harvest, preparation, preservation, labeling, or safety of products offered for sale at the market. All vendors regardless of product must meet the health requirements that prevent food borne illnesses. No cooking is permitted within the market area without prior approval.
(f) The Certified Farmers Market's rules and regulations shall contain a clause, which states that the governing body and its designated agents shall implement and enforce all rules and regulations pertaining to the operation of the Certified Farmers Market in a fair and equitable manner.
(g) A copy of the Certified Farmers Market rules and regulations and any updates shall be sent to the Authority. The Authority's copy shall govern the Certified Farmers Market.
(h) In order to be recognized by the Authority as a Certified Farmers Market the criteria and/or rules as set out in Chapter 80-7-1-.04 must be met. (This does not prohibit a market from imposing more stringent requirements on its sellers.)
History
(1) General Criteria for an Alabama Certified Farmers Market
(a) "Alabama Certified Farmers Market" means a place, structure or building that is used by two or more Alabama Farmers for the direct sale of their own on-farm produce and/or food products to consumers, and where sales of these farm products represent the core business of the market.
A grower/producer is a person(s) that grows or produces agricultural products. At least 80% of the agricultural product grown and offered for sale must be produced by the grower/producer or under the grower/producer's direction. The grower must verify in writing with the market manager and the Farmers Market Authority the name, location and contact information from whom the other 20% of locally grown products brought to market originate if this is permissible and clearly defined in the market's rules.
A grower or grower representative must be present during market hours when his/her products are offered for purchase.
(b) The market may be operated by an association, non-profit organization, government entity (state, county, municipal, tribal, etc.) or other organization/entity approved by the Authority.
(c) Markets can allow the sale of non-food products (arts and crafts) and other value-added products (soaps, lotions, etc.) at the market's discretion as long as the number of non-food vendors does not exceed 30% of the total vendors.
(d) The market must be organized pursuant to Code of Ala. 1975, Sections 2-5A-1 et seq. and comply with Chapter 80-7-1 of the Alabama Department of Agriculture and Industries Administrative Code.
(2) Rules Requirement for Farmers Markets
(a) Certified Farmers Markets shall have a clear and organized set of rules that are enforced by a manager, who answers to either a board or steering committee. Market rules should be simple and easy to understand. Certified Farmers Markets shall adopt the minimum rules as set forth in Appendix A.
(b) Market rules should contain the following:
A description of the market governance and market manager responsibilities;
Rules for general operations such as hours/days of market, parking policies, and health and safety policies;
Rules enforcement procedures, including penalties for failure to comply and a grievance procedure;
Policies for who can sell at the market and how the market will approve vendors;
Guidelines for what products can be sold, the use of equipment, the presentation of displays, and the use of scales;
Vendor fees and space assignment policies;
How the market will ensure and enforce compliance;
Rules that are unique to the market such as a waiting list policy or special events;
The market management/governance may conduct farm visits;
Standards of vendor behavior;
All contact information;
(c) All eligible producers must have a growers permit.
(d) In addition to the above, a Certified Farmers Market's rules must, at a minimum, adhere to the following guidelines as set out in (3) - (10) of this chapter.
(3) Home Processed
(a) Home Processed products are subject to sales tax. See Code of Ala. 1975, § 40-23-4(a)(5) and § 40-23-62(8).
(b) Home processed products must satisfy all public health, labeling, permitting and other requirements pertaining to processed products. Chapter 420-3-22-.01 of the Rules of Food Establishment Sanitation now excludes a kitchen in a private home from the definition of food establishment if only food that is non potentially hazardous (time or temperature control required for safety) is prepared for sale or service at a function such as a charitable, religious, civic, or not-for-profit organization's food sale, or at state sanctioned Farmers Markets, and if the consumer is informed by a clearly visible label, tag, or placard at the sales or service location that the food is prepared in a kitchen that is not inspected by a regulatory agency, i.e. County or State Health Department.
(c) Label, Tag or Placard must conform to the size and form of the label below, and be placed at the top of the product that is to be sold.
| This item(s) was prepared in a kitchen that is NOT inspected by a regulatory agency. | | --- |
(d) This effectively excludes farmers markets from regulatory requirements of the ADPH regarding non-potentially hazardous home processed foods. Certain home processed foods for example baked breads, rolls, cookies, cakes, brownies, fudge, double-crust fruit pies, traditional fruit jams, jellies, marmalades and relishes, candy, spices or herbs, snack items such as popcorn, caramel corn and peanut brittle, may be sold at farmers markets with appropriate labeling. The label of a food in packaged form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor.
(e) The acidity of foods is measured by pH. The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral, because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline. Acidic foods are usually tart and sour, all fruits are acidic: tomato, lemon, peach, apple, etc. The FDA rule for acid foods states that a food must have a pH below 4.6 to be sold as a minimally processed food. The reason for this is bacteria do not grow at this level of acidity.
(f) This exclusion shall not be construed as allowing the sale of low acid foods (pH >4.6) in hermetically sealed containers (i.e. such as home-canned green beans, peas, tomato relish, salsa, etc.) when such food is not prepared in a permitted establishment. The finish product will need to be tested, if the ph level is unknown.
(g) Food Product Testing Requirements:
Alabama Department of Agriculture and Industries
Food and Drug
Lab 1445 Federal Drive
Montgomery, AL 36107
(4) Sampling/ Food Safety
(a) All vendors, regardless of product, must meet the health requirements that prevent food borne illnesses. The standard requirements and recommendations for preparation and sampling at the Certified Farmers Market are:
Preparation of fruit and vegetable samples requiring cutting or slicing should be done on-site immediately prior to consumption.
No home prepared food samples shall be served at the market.
Clean knives and cutting boards must be placed in protective plastic containers, food storage bags, wrapped in plastic wrap, etc.
Clean equipment must be used to cut product, in-use items must be stored so they are protected from contamination.
Replace soiled knives, cutting boards, etc. with clean items every two hours.
Use single service items whenever possible.
Store soiled items in a closed bag or container to avoid attracting insects.
All fruits and vegetables must be rinsed thoroughly in clean water.
Products may be rinsed or cleaned prior to bringing them to the market. The items should be stored in disposable food bags.
Rinse melons in a 200 parts per million chlorine solution prior to slicing for sampling.
Fruit and vegetable sample servings must be protected from contamination at all times.
Serving must be done in a manner protecting the sample from any bare hand contact.
Utilize disposable gloves, single service utensils, napkins or tissues, or toothpicks are all adequate methods to avoid handling prepared samples.
Any ice used for cooling must be continuously and properly drained to avoid wrapped items soaking in melted ice water.
Canned items (i.e., jelly, salsa, etc.) may be opened one jar at a time and sampled with clean disposable utensils.
Use toothpicks, wax paper, paper sampling cups, or disposable utensils to distribute samples.
Temperature control must be maintained on items needing refrigeration after opening.
(b) The County Environmentalist may have specific additional requirements depending on the food to be prepared and served, the general location of the event or food concession area, the availability of city water and sewage, and other local considerations. The Rules of the State Board of Health require that a permit to operate a temporary food booth be obtained prior to any prepared food being sold.
(5) Meat Products
(a) Live animals are prohibited for sale at farmers markets in Alabama.
(b) Only raw meats, including fish and seafood, that are processed, packaged, and labeled at an inspected facility or are otherwise exempted from inspection may be sold at a farmers market. Exempted meats: rabbits, quail and bison.
(c) Beef, pork, poultry and lamb products sold at farmers markets must originate from livestock slaughtered in a government (federal or state) inspected facility.
(d) All meat and poultry products must be wrapped and labeled with the seal of inspection on package. USDA publication "Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act Revision 1, April 2006," provides detailed information on the requirements for the sale of poultry at markets.
(e) Meat products, other than fish and shellfish, must be brought to the market in frozen condition and kept frozen until sold. Selling packaged meat at the Farmers market requires sanitary handling and temperature control. A mechanical unit capable of maintaining the meat and poultry products in the frozen state is recommended to be used. For example, a freezer could be used.
(f) Fish and shellfish products may be sold fresh if maintained at a temperature of 37°F to 41°F.
(g) Meat at farmers markets being sold by resellers will include a "Distributed by/Packed for", or similar, statement on the labels of their meat products. Conversely, meat products being sold at Farmers markets that are prepared and packaged by the selling vendor will not include a "Distributed by/Packed for", or similar, statement.
(6) Wine/Alcohol/Controlled Substances
(a) Alcoholic beverages as defined in Alabama Code Sec. 28-3-1 are prohibited for sales or distribution at farmers markets
(b) Proof of alcoholic content is the responsibility of the vendor
(c) Controlled substances are prohibited for sale at farmers markets.
(7) Insurance
(a) Each Certified Farmers Market shall acquire, and show proof of liability insurance.
(8) Proper Weights and Measurement
(a) All farmers markets must meet the legal measurement guidelines established by the State of Alabama for dry and wet produce. Produce may be sold by weight, measure or count depending on the commodity. Selling by weight or measure involves legally defined weights and measures. A quart is a legal dry quart or legal liquid quart, not necessarily a quart basket filled past the rim of the basket. A pound is a legal pound, as judged by specially calibrated weights certified by the National Institute of Standards and Technology.
(b) Not all scales are eligible for farmers market usage. Those scales stamped, "Not legal for use in trade" on them, cannot be used to measure product for sell at markets. Examples of scales not to be used are: bathroom, baby, restaurant portion scales, postal, and kitchen utility scales.
(c) When selling by measure, a standard dry pint or dry quart container is actually measured by the cubic inches it contains, not the shape. An accurate measure would be when the container is filled and struck level across the top sides of the container. When purchasing containers, be certain they meet the legal definition of pints, quarts, pecks, etc.
(d) Just as water weight can be lost after harvest, volume can decrease as well. Some settling also can occur in transit. The content must be level to the top of the container at the time of sale. It is recommended seller overfill containers to allow for these factors.
(e) When selling by liquid such as cider, the exact amount in the container has to be measured to achieve the correct cubic inch, fluid amount. When selling bakery products, items must have stated weight on packaging or identified so the consumer may make an informed purchase.
(f) Scales being used in commerce shall be tested at least once each fiscal year based on the fiscal year adopted by the State of Alabama which runs from October 1st through September 30th.
(9) Dairy Products
(a) All dairy products, including cheese, must be processed, packaged, and labeled at a facility permitted and inspected by the Alabama Department of Public Health's Milk and Food Processing Branch. Product must have the proper labeling vendor contact information or have information posted so consumer will know who to contact if necessary.
(b) Sale of raw milk for human consumption is not legal and cannot be sold at markets.
(10) Shell Eggs
(a) Shell eggs are considered farm products and may be sold at farmers markets with proper labeling information on package. Information required is: name and address of egg packer, date eggs were packed, and grade. Carton or egg container and egg product itself must be sanitized and free from fecal matter and other farm filth.
Egg Weights
| Dozen Carton | Dozen Carton | 1.5 Dozen Carton | 2.5 Dozen Sleeve | | | --- | --- | --- | --- | --- | | Pee Wee | 15 oz | .94 lbs | 1.41 lbs | 2.34 lbs | | Small | 18 oz | 1.13 lbs | 1.69 lbs | 2.81 lbs | | Medium | 21 oz | 1.31 lbs | 1.97 lbs | 3.28 lbs | | Large | 24 oz | 1.50 lbs | 2.25 lbs | 3.75 lbs | | Ex-Large | 27 oz | 1.69 lbs | 2.53 lbs | 4.22 lbs | | Jumbo | 30 oz | 1.88 lbs | 2.81 lbs | 4.69 lbs |
(b) There are three consumer grades for eggs: U.S. Grade AA, A, and B. The grade is determined by the interior quality of the egg and the appearance and condition of the egg shell. Eggs of any quality grade may differ in weight (size).
(c) U.S. Grade AA eggs have whites that are thick and firm; yolks that are high, round, and practically free from defects; and clean, unbroken shells. Grade AA and Grade A eggs are best for frying and poaching where appearance is important.
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(d) U.S. Grade A eggs have characteristics of Grade AA eggs except that the whites are "reasonably" firm. This is the quality most often sold in stores.
(e) U.S. Grade B eggs have whites that may be thinner and yolks that may be wider and flatter than eggs of higher grades. The shells must be unbroken, but may show slight stains. This quality is seldom found in retail stores because they are usually used to make liquid, frozen, and dried egg products.
(f) Egg Label Example:
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(11) Wild Harvested Mushrooms
(a) Wild harvested mushrooms may only be sold at Certified Farmers Markets by wild harvested mushroom identification vendors:
Harvesters must have attended/completed a Bonafide training course approved by the Alabama Department of Public Health.
Harvesters must have documentation showing origin.
Mushrooms harvested and offered for sale, must be a variety on the approved list.
(b) A vendor selling wild harvested mushrooms at a Certified Farmers Market shall disclose to the consumer by a tabletop display, placard, or notation on each package the following statement: "Wild harvested mushrooms are not an inspected product and are harvested from a non-inspected site."
(c) All wild harvested mushroom species offered for sale at a Certified Farmers Market must have a written vendor specification record. The vendor shall retain the written vendor specification record for 60 days from the date the mushrooms are sold or discarded. The written vendor specification record must include all the following information:
Identification of each mushroom species by the scientific and common name;
Date of harvest and location (e.g., town, county, township, Global Positioning System, etc.), whether harvested by the vendor, or from another individual or entity;
(d) Commingling of wild harvested mushrooms by species and lot is prohibited
(e) Wild harvested mushrooms offered for sale must not show any signs of spoilage (rotten, soggy, mushy, slimy, moldy, or insect infestation).
(f) Wild harvested mushrooms should be stored in packaging with air holes or a breathable material and maintained by the harvester/vendor until product is sold.
History
(1) The Authority shall issue a Certified Farmers Market certificate upon review of application and determination that the applicant meets the requirements to operate a Certified Farmers Market.
(2) A Certified Farmers Market certificate shall be valid until December31st of the 2nd year in which the certificate is issued.
History
(1) The operator of a Certified Farmers Market shall ensure that each person participating in the sale of agricultural products in the area designated as a Certified Farmers Market:
(a) Is a Farmer, or grower representative.
(b) Sells only certified agricultural products.
(2) No person shall operate a Certified Farmers Market unless he or she has in his or her possession a current, valid Certified Farmers Market Certificate issued by the Authority.
(3) The operator of a Certified Farmers Market shall, upon the request of an enforcement officer, provide for review his or her current, valid Certified Farmers Market Certificate at any time during the operation of a Certified Farmers Market.
History
No provision in this Chapter shall be construed to in any way invalidate, supersede, or otherwise impair the applicability of the rules and regulations regarding either the Senior Farmers Market Nutrition Program or the WIC Farmers Market Nutrition Program.
History
(1) All Farmers and Certified Farmers Markets are required to adhere to the rules and regulations of the Authority. The Commissioner may discipline the following for violating the Authority's rules and regulations:
(a) The Certified Farmers Market; or
(b) A family member, employee, or another Farmer acting on behalf of the Farmer; or
(c) Any other person whose actions may have resulted in the violation.
(2) The Commissioner, upon determination that a Farmer has violated the Authority's rules and regulations may:
(a) Issue a written reprimand; or
(b) Suspend a license up to six months; or
(c) Refuse to allow farmer access to market for a period of up to 18 months.
(3) The Commissioner, upon determination that a Certified Farmers Market has violated the Authority's rules and regulations may:
(a) Issue a written reprimand; or
(b) Suspend a Certified Market Certificate for up to six months; or
(c) Revoke the Certified Market Certificate;
(4) Disciplinary actions shall be initiated by the Director of the Authority upon belief that a violation has occurred. All persons or entities certified under these rules may appeal any disciplinary action initiated by the Director.
History
(1) Any person may appeal to the Commissioner for a hearing to challenge any of the following actions:
(a) Denial of any certificate.
(b) Revocation of any certificate.
(c) Suspension of participation privileges.
In all cases, the appeal must be submitted to the Director in writing within 30 days of the date the action or decision was made.
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Ala, 1975. This referendum will allow soybean producers to vote an assessment against themselves which will be used for promotion of the soybean industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-82 the Association certified by the State Board of Agriculture and Industries shall hold a referendum amongst producers of soybeans. At that time Alabama soybean producers will vote and determine if they favor paying for a period of 5 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, § 2-8-89.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in an established farm publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. The notice shall include, at minimum, the geographic area covered by the referendum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties in which soybeans are produced or processed. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) All producers of soybeans who in the last crop year produced soybeans who shall be subject to an assessment levied under this article shall be eligible to vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of acres they had in production of soybeans in the last year.
(3) Each producer shall be provided a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then immediately report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
A referendum shall be held by the Alabama Poultry and Egg Association on a statewide basis every three years, wherein all owners of hens who will be subject to the assessment from the sale price thereof shall be given an opportunity to vote upon the question of whether they favor such an assessment for financing a poultry and egg promotional program in Alabama to be conducted through research, education, advertising and other methods.
Author: Charles H. Barnes
History
Due notice and publicity of the referendum shall be given by the Alabama Poultry and Egg Association. Each County Agriculture Extension Chairman shall be given notice of the referendum and such information shall also be published in the official trade publication of the Alabama Poultry and Egg Association. Every effort shall be made to assure that every eligible egg producer shall have an opportunity to vote in this referendum.
Author: Charles H. Barnes
History
(1) All known Alabama egg producers shall be mailed, at least two weeks prior to the election, a ballot, certification form, instructions for completing the form and ballot, two envelopes, a postage-paid envelope, and summary of the Poultry Promotional Law. Each producer will be instructed to complete a certification form and to seal this form in an envelope and to complete his ballot and seal the ballot in a separate envelope. Both envelopes will then be placed in the postage-paid envelope and mailed to the Alabama Poultry and Egg Association. Within 10 days following the referendum, the ballots shall be tabulated by a committee appointed by the president of the Alabama Poultry and Egg Association and the results thereof shall be announced with a certified copy being forwarded to the Commissioner of Agriculture and Industries. The postage-paid envelope used in the referendum will be marked Poultry Promotional Referendum. The tabulating committee will open each envelope and will first check the certification of each producer voting in the referendum. After the producer is certified as eligible to vote in the referendum, the sealed envelope containing the ballot will be placed in a ballot box or other container with the other sealed ballots. This procedure shall be followed to assure a secret ballot voting election as well as an accurate tabulation of the results of voting in the referendum. All envelopes, ballots, tabulation sheets and certification thereof shall be kept and preserved for any future inspection to determine that the foregoing procedure was followed.
(2) All owners of hens, including breeder hens, engaged in the production of eggs who shall be subject to the assessment upon the sale of hens shall be eligible to vote in the referendum; provided, however, owners of hens shall own 3,000 hens, or more, before he or she is eligible to vote as no assessment or deduction shall be made against any owner of hens who owns less than 3,000 hens in his egg production operation as it is the intent and purpose of the law to apply to commercial operators only.
(3) Each egg production operation shall have one vote, only, if such operation is owned by an individual, partnership or corporation. If the egg production operation is conducted as a family enterprise and different members of the family own hens kept in separate houses and sold separately, each owner may vote, provided each such owner owns the required number of hens for voting purposes, 3,000 or more. If the egg production operation is owned by a partnership or corporation, then one individual shall be designated to vote for the partnership or the corporation.
(4) The Alabama Poultry and Egg Association shall furnish all necessary ballots and other election supplies and bear all expenses necessary and incident to holding the referendum.
Author: Charles H. Barnes
History
Owners and sellers of hens shall not be required to assess the poultry promotional program assessment per hen from the sale price of hens where the flock-owner seller owns less than three thousand (3,000) hens before the hens are sold.
Author: Charles H. Barnes
History
Owners and sellers of hens which sell hens for the purpose of dressing, processing or reselling to processors whether said buyers are located within the State of Alabama or not, shall, at the time of sale of their hens from which the poultry promotional program assessment is assessed, prepare in triplicate a hen sellers report upon which there must be shown the date of sale, the name of seller, name of buyer, the number of light hens sold, the number of heavy hens sold, the total amount assessed on the sale price of such hens and the sellers permit number. One copy of the hen sellers report shall be kept by the seller, and two copies shall be included with the monthly remittance report required to be forwarded to the Department of Agriculture and Industries at the end of each month.
Author: Charles H. Barnes
History
The total amount of monthly assessments from the poultry promotional program assessment, per hen assessed on the sale price thereof by owners and sellers of hens, required to be remitted to the Commissioner of Agriculture and Industries by such sellers of hens at the end of each month shall be accompanied by a form prescribed and furnished by the Commissioner.
Author: Charles H. Barnes
History
The purpose of this regulation is to set out the minimum amount of bond required under Code of Ala. 1975, § 2-10-23, for persons handling or controlling money or property of associations as defined under § 2-10-20 above.
Author: Charles H. Barnes
History
Any and all prior regulations promulgated for the purpose set out in Rule 80-8-3-.01 above are hereby repealed and withdrawn. The following Chapter is submitted in their place.
Author: Charles H. Barnes
History
(1) Any persons required to be bonded under the provisions of Code of Ala. 1975, § 2-10-23, shall be bonded in an amount not less than $5,000. Said bond shall be in favor of the association conditioned upon the faithful performance of their duties in handling and controlling the property and money of the association.
(2) The minimum bond amount set out in Paragraph (1) above shall not prohibit the association, through its board of directors or by the majority of its members in any regular or special meeting, from requiring any other bond amount over and above this minimum.
(3) Any association existing as of the effective date of this rule whose officers handle and control the money and property of the association that are bonded in an amount less than $5,000 shall be granted reasonable time to comply with this rule. Upon a person's failure to procure added bond coverage up to the minimum required, the association shall then remove said person from the business of handling and controlling the money and property of the association.
Author: Charles H. Barnes
History
When a person required to be bonded under Code of Ala. 1975, § 2-10-23, has the bond cancelled, or in any other manner is not covered under the bond, the association shall then immediately, as provided by law, remove such person from any position with the association that is in control of, or handling the money or property of, the association. Failure of the association to take these steps will be considered grounds for revocation of its permit.
Author: Charles H. Barnes
History
(1) The overall supervision of the Montgomery State Farmers Market has been assigned by the Commissioner of Agriculture and Industries to be under the Marketing Division of the Department of Agriculture and Industries.
(2) The supervision of the market itself, its personnel, the collection of fees, and other general supervisory duties shall be under the market manager who shall be assigned to and work under the Marketing Division. It shall be the duty of the manager to enforce the rules pertaining to the market and its operation.
Author: Charles H. Barnes
History
The following fees to be charged for market use are maximum fees. The Commissioner of Agriculture and Industries is granted the authority to reduce any fee set out in this rule or any other rule appearing in Chapter 80-8-4, but no reduction in fees may be made below $2.00 for any vehicle or space.
(a) Maximum rental charges for space in the Retail Building shall be at the rate of $10.00 per day per assigned space of 10 feet by 20 feet.
(b) Persons entering the market with any type item or produce for purposes of sale or resale shall pay the following maximum gate fees for each size vehicle described below:
Description Maximum Fee
Automobile, van $8.00
Pickup Truck to include Rancheros, etc. 8.00
One-ton truck 10.00
Ten-wheeler truck 14.00
Tractor trailer 18.00
(c) The Commissioner is authorized to also prescribe differing fees for the above described vehicles, depending upon the load carried by the vehicle so long as these fees do not exceed the above maximum rates.
(d) Delivery trucks delivering freight, soft drinks, candy, snack bar supplies and supplies for the restaurant and garden center shall be exempt from the above fees.
(e) The above gate fees under paragraph (b) above are good for 24 hours or until the load is sold. If the load is not sold by the end of the 24-hour period, space will be assigned on a space rental fee basis for an additional 24-hour period or until the load is sold. When the load of produce is sold, the space shall immediately revert back to the market for use by incoming vehicles.
(f) Truckers or wholesalers making deliveries to the market may obtain a yearly delivery permit for a maximum rate of $250.00. These permits shall expire December 31 of the year purchased.
Author: Charles H. Barnes
History
(1) Stalls and spaces in Retail Building and under the Truckers Shed shall be rented on a first-come, first-serve basis, and shall be assigned by the manager or his authorized agent.
(2) Vendors failing to clean up leased areas may be assessed clean-up fees as deemed appropriate by the market manager.
Author: Charles H. Barnes
History
(1) Owners who leave vehicles on the market for more than one day shall be charged a daily rate equal to the amount charged for the vehicle to enter the market.
(2) Parking fees for vehicle storage shall be established by the market manager.
Author: Charles H. Barnes
History
(1) The use of profane or abusive language on the market premises is prohibited and is punishable by expulsion from the market, and/or criminal action.
(2) Along with any other legal action available to him, the market manager shall also have authority to order from the market any person gambling or under the influence of intoxicants or disorderly in conduct.
(3) No person shall make any public outcry, do hawking or give any musical or other entertainment for the purpose of drawing customers or attracting attention, or shoot fireworks or display firearms at any time.
(4) The use of the market and its facilities for a sleeping establishment or homesteading is prohibited and persons found homesteading on the market will be expelled.
(5) Any renter or user of space on the market must keep his immediate premises reasonably clean, sanitary, and orderly. Persistent failure to carry out the market manager's orders in this respect shall constitute just and sufficient cause for the revocation of the renter's or user's permit.
(6) No buyer, vendor, renter or user or other person shall abandon produce, vehicles or other articles on the market. If such is done, the manager may have such item(s) removed from the market at owner's expense or the manager may donate to a person who will dispose of such items or articles.
(7) All vehicles must enter and leave the market area through entrances and exits so marked.
(8) Every person operating a vehicle on the property of the market shall drive such vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or do physical harm to any person. All parking signs, speed limit signs and other posted signs shall be observed. Violators may be expelled from the market.
(9) All market lessees, renters or users are required to use all possible care in the operation of mechanical equipment used on the market property.
(10) The parking of automobiles and other vehicles of market renters and lessees and their employees shall be confined to spaces designated by the manager. Such automobiles shall not be parked on the market pavement where they will obstruct traffic or take up space necessary for the orderly operation of the market business. Vehicles shall not be parked in areas that would be detrimental to grass or landscape arrangements.
(11) No person shall sell produce which is unsound or unwholesome or which fails to meet the standards or requirements of federal, state, or local laws and regulations. All Alabama regulatory laws applying to weights, measures, marking of containers, sanitation or other legal requirements will be obeyed by all market tenants. In no case will produce be offered for sale that contains a total of more than 10 per cent decay, shriveling and/or other blemishes. The market manager may make or cause to be made any inspection or inspections of produce which may be necessary and may prohibit the sale of any produce which does not conform to legal and stated market standards.
(12) No buyer or seller on the market shall enter into any price agreement or join any organization for the purpose of raising, lowering, or fixing abnormal or artificial prices of products on the market, or for the purpose of keeping products off the market, and no person shall assist others in any way to accomplish this purpose.
(13) Fraudulent, dishonest, and deceptive practices carried on at the market are prohibited and may be punishable as provided by law.
(15) Persons who make or circulate false reports tending to upset or destroy the operations of the market or that may cause upset or damage to vendors in loss in prices shall be subject to expulsion from the market.
(16) The market manager and all other employees of the market shall not engage in the business of buying or selling of any produce on the market, and shall not receive any tips or gratuities from any buyer or seller on the market.
(17) Vendors on the market shall not approach a buyer for the purpose of making a sale while said buyer is in conversation with another vendor.
(18) The piling and display of produce in the retail building shall be confined to the space leased to the tenant.
(19) The manager may require that all produce sorted out as culls or otherwise considered of no commercial value shall be placed in containers and destroyed or removed from the market premises. The disposition of such products shall be the responsibility of the person or firm in whose possession the produce may be.
(20) Children under 16 years of age shall not roam or wander about around the market unless accompanied by an adult who shall be responsible for the conduct of such minor. Wholesalers, retailers, truckers, farmers and buyers who bring children under 16 years of age to the market with them or allow them to visit with them shall be responsible for carrying out this provision. The riding of bicycles or other similar devices on the market by anyone is strictly forbidden.
(21) Tenants are not permitted to keep animals on the market.
(22) Salamander heaters are prohibited on the market.
(23) No lessee or renter shall use any false pack. As used herein, false pack means the topping or facing of containers with the best products exposed and poor products concealed underneath.
(24) Holding space by use of parked vehicles, or small amount of produce, etc., is prohibited.
(25) There shall be no preparation of food or drink on the market premises, with the exception of approved restaurant facilities.
(26) All produce sold at the market, with the exception of produce sales at the retail building, or any seed and feed retail establishment, shall be sold by the container and not by the pound. This prohibition shall not apply to corn, melons, or any other type produce sold by the bunch or count. Nor shall it apply to produce sold by bulk or load. If the container in which the produce is sold is represented to be a bushel or fraction thereof, then the provisions of Rule 80-13-3-.03, Ala. Admin. Code, must be met.
(27) With the exception of sales at the retail and wholesale buildings, produce shall not be completely unloaded from the truck or other conveyance prior to its sale. Reasonable display samples, to be determined by the market manager, may be unloaded and displayed prior to sale.
(28) No sign, whose main purpose is to advertise the price of produce, shall be displayed on the market whose length exceed 12 inches or whose height exceeds 12 inches.
(29) No produce being offered for sale on the market shall be left unattended.
(30) The willful violation of any of the above prohibitions, along with any other remedies available under the law may result in expulsion from the market of the violator. The market manager shall have the discretion as to when the violator shall be allowed to return to the market.
Author: Charles H. Barnes
History
The market shall remain open 24 hours per day. The Commissioner of Agriculture and Industries shall have the authority to personally amend or make reasonable changes in the above listed market hours if, in his opinion, circumstances warrant such changes.
Author: Charles H. Barnes
History
The following practices require prior permission of the market manager:
(a) The designation of another to represent a lessee or renter at a rented space;
(b) Subletting of leased market facilities or space;
(c) The parking of stationary vehicles designated for storage and/or refrigeration;
(d) The usage of electricity for purposes other than that approved by the market;
(e) The erecting of any facility upon the market grounds or its buildings;
(f) The selling of food or other items on the market by organizations, to include churches or civic groups;
(g) The distribution, scattering about or posting on the market advertising signs, pamphlets, cards, handbills or other printed matter.
Author: Charles H. Barnes
History
Payments for leases and rentals shall be payable in advance. All payments for leases and rentals for which there is a signed contract shall be handled and paid as per the terms of the contract. All other payments due in the absence of a signed rental agreement other than a daily basis must be paid within 10 days of due date, otherwise the agreement will be considered null and void and the renter shall forthwith be asked to vacate the rented space.
Author: Charles H. Barnes
History
The market manager has the authority to examine any produce being offered for sale at the market and if, in his opinion and at his discretion, said produce is of low quality, this produce shall be marked and sold as second quality produce. The method of labeling second quality produce shall be at the discretion of the market manager.
Author: Charles H. Barnes
History
(1) Persons inadvertently or negligently causing damage to market property shall be financially responsible for the cost of repairs or replacements. Such damage shall include, but not be limited to buildings, grounds, fences, gates, vehicles, and any other property owned and/or operated by the market.
(2) Persons willfully or deliberately damaging or defacing any of the buildings, pavement, or other physical equipment of the market shall be immediately expelled from the market and shall also be subject to any other available criminal or civil action to include being held financially responsible for the damage.
Author: Charles H. Barnes
History
Produce or containers that have been deliberately abandoned by a tenant for at least 24 hours after the lease or the rent has expired become the property of the market, to be handled or disposed of as the market manager sees fit.
Author: Charles H. Barnes
History
All signs and price tags used by vendors and lessees must comply with the directions given by the market manager or his authorized agent as to printed matter on the sign or tag, size of the sign, and where it is displayed.
Author: Charles H. Barnes
History
The market manager, or any of his supervisors, shall have the authority to have removed by any legal means any person violating any provision of Chapter 80-8-4. They shall also have the authority to deny entry into the market of anyone who, in their opinion, would create disruption on the market.
Author: Charles H. Barnes
History
It is the responsibility of all lessees and renters on the market to satisfy customer complaints. Upon receipt of more than one complaint concerning the same lessee or renter, the market manager may cancel the marketing privileges of the offending lessee or renter.
Author: Charles H. Barnes
History
All lessees, renters or any other users of the market shall remove any vehicle or any other item of property from the market premises upon orders of the manager or his authorized agent, when it is deemed necessary by the manager for betterment of market operations.
Author: Charles H. Barnes
History
All lessees and renters of market premises, for purposes of this Chapter, shall be held responsible for the actions of their employees, agents, or persons working in concert with the lessees or renters.
Author: Charles H. Barnes
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Alabama. This referendum will allow grain producers to vote an assessment against themselves which will be used for promotion of the grain industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-235 the Association certified by the State Board of Agriculture and Industries shall hold a referendum amongst producers of grain. At that time Alabama grain producers will vote and determine if they favor paying for a period of 5 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, § 2-8-239.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in an established farm publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. The notice shall include, at minimum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected, and the general purpose for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties in which grains are produced. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) All producers of wheat, corn, grain sorghum, and oats who shall be subject to an assessment shall be eligible to vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of acres they had in production of grain in the last year.
(3) Each producer shall be provided a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then immediately report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Alabama. This referendum will allow catfish producers to vote an assessment against themselves which will be used for promotion of the catfish industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-270 the Association certified by the State Board of Agriculture and Industries shall hold a referendum amongst producers of catfish. At that time Alabama catfish producers will vote and determine if they favor paying for a period of 5 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, 2-8-279.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in an established farm publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. The notice shall include, at minimum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties where catfish are produced. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) All producers of catfish who in the past year purchased feed in this state not less than 30 days prior to this referendum shall be eligible to cast a vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information as permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of acres they had in production of catfish in the last year.
(3) Each producer shall be provided with a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall immediately open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then immediately report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Alabama. This referendum will allow cotton producers to vote an assessment against themselves which will be used for promotion of the cotton industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-195, the Association certified by the State Board of Agriculture and Industries shall hold a statewide referendum amongst producers of cotton. At that time Alabama cotton producers will vote and determine if they favor paying for a period of 10 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, § 2-8-199.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in an established farm publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. The notice shall include, at minimum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, and the means by which such assessment shall be collected and the general purposes for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties in which cotton is produced. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) Each producer of cotton who shall be subject to an assessment and who in the past crop year preceding this referendum produced cotton shall be eligible to cast a vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of acres they had in production of cotton in the last year.
(3) Each producer will be provided a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then immediately report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Alabama. This referendum will allow sheep and goat producers to vote an assessment against themselves which will be used for promotion of the sheep and goat industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-313 the Association certified by the State Board of Agriculture and Industries shall hold a referendum amongst producers of sheep and goats. At that time Alabama sheep and goat producers will vote and determine if they favor paying for a period of 3 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, § 2-8-317.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in the State Certified Association's trade publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. The notice shall include, at minimum, the geographic area covered by the referendum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties in which sheep and goats are produced. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) All producers of sheep and goats in the geographic area covered by the referendum who shall be subject to the assessment levied shall be eligible to cast a vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of sheep or goats they produced that year.
(3) Each producer shall be provided a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then immediately report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
The purpose of this Chapter is to set up procedures and rules governing referendums conducted under the provisions of Section 2-8-120 through 2-8-137, Code of Ala.1975, for Nuts, Bulbs, Fruits & Vegetables by a promotional program to include research and education.
Author: Robert J. Russell
History
A referendum shall be held by an association, certified by the Board of Agriculture and Industries, on a statewide basis, at which time, affected producers of pecans who have 15 acres or more of pecan trees planted in a grove-like manner, may vote upon the question of whether they favor a three-year assessment in an amount not to exceed one-half cent (1/2¢) per pound on in-shell pecans produced in this state for sale within or without the state to be deducted from all sales.
Author: Robert J. Russell
History
Notice of said referendum shall be not less than 30 days before the date of any referendum. The notice shall include the date, hours, polling places, and rules for voting in the referendum, the geographic areas covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected, and the general purposes for which the amount collected shall be expended and applied. The notice shall be published by the certified Association in its trade publication and written notice shall be given to each county agent in the geographic area covered by the referendum.
Author: Robert J. Russell
History
(1) The referendum shall be held by providing voting facilities at the county seat in each of the 67 counties of the State of Alabama. In those counties where it is determined by the State Referendum Committee that another location is more convenient outside of the county seat, then an alternative voting facility may be provided in such counties at public location such as a county cooperative extension system office, city hall, community centers, local offices of the County Farmers Federation, or other locations. The exact location of the voting places in each county shall be given publicity in order that all affected producers will have an opportunity to vote. The certified Association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(2) The polls shall be open for voting from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
Author: Robert J. Russell
History
(1) Each polling place shall have not less than two individuals who shall serve as poll holders to be in charge of and supervise the voting. Such polling places shall have a voters' register, and those who are eligible to vote shall sign his or her name upon such register and enter thereon his or her address together with the number of acres of pecan trees they have planted in Alabama in a grove-like manner at any time during the year next preceding the date of this referendum.
(2) Eligible voting producers shall be furnished with a printed ballot for voting by secret ballot box or other similar container suitable to serve as a ballot box.
(3) As soon as the last voter has voted and the polls close, the poll holders shall immediately open the ballot boxes, count and tabulate the results of the voting, and certify the results thereof to the Chairman of the County Committee. Any interested individual who cares to be present when the ballots are counted or tabulated may be present and observe such vote counting and tabulation of results.
(4) Upon the conclusion of paragraph no. (3) above, a poll holder shall deliver the ballots in a sealed container to the Chairman of the Referendum Committee with the certification of the results. The County Chairman and at least two other members of the County Referendum Committee shall then tabulate and certify the results received from each polling place in the county to the State Referendum Committee of the certified Association. The County Chairman will also deliver or forward all county ballots in the sealed containers, after tabulation of voting results to the Director of the certified Association. The state certified Association shall upon receipt of certified results from each county, tabulate, publicly declare and announce the results of the state wide referendum within a period of ten (10) days following receipt of the results from each county in Alabama.
(5) A certified copy of the results of the statewide referendum shall be forwarded to the Commissioner of Agriculture and Industries.
Author: Robert J. Russell
History
(1) All persons subject to the assessment are entitled to vote in the referendum upon the question of whether they favor a three-year assessment in an amount not to exceed one-half cent (1/2¢) per pound on in-shell pecans produced in this state for sale within or without the state to be deducted from all sales. During the third year of such a period, another referendum in which eligible producers of pecans shall vote upon the question of whether or not such assessments shall be continued for the next ensuing three years.
(2) Each producer shall have one vote where the production operation is conducted by an individual, partnership, corporation, estate or other legal entity. If the pecan production operation is conducted by a partnership, corporation, estate or other legal entity, then one individual shall be designated to vote for such production operation.
(3) Each eligible voter shall vote in person only once at an established polling place. Proxy voting or voting by mail shall not be permitted.
Author: Robert J. Russell
History
The assessment shall be collected from affected producers at first point of sale. To aid in such collection, buyers, handlers, distributors, sales agents, and processors shall deduct the amount of such assessment from each payment made to the affected producer and they all shall remit the same to the Commissioner of Agriculture and Industries on or before the twentieth day of the month following the deduction for the account of the producer. The first handler will collect and remit the one-half cent (1/2¢) per pound assessment on all pecans purchased from affected producers.
Author: Robert J. Russell
History
The treasurer of the certified Association shall be bonded in an amount of not less than forty thousand dollars ($40,000). At the end of a complete year of assessment collections, the above bond amount requirement will be adjusted to adequately reflect as required under the law, the amount of assessment forwarded to the certified Association.
Author: Robert J. Russell
History
The purpose of this Chapter is to establish rules and procedures governing referendums under the terms of §§ 2-8-351, et seq., Code of Ala. 1975 for shrimp producers. The referendums will be held to allow licensed and authorized commercial shrimp boat owners/producers, herein called "shrimpers" to vote an assessment against themselves to be used for the promotion of the shrimp industry in the State of Alabama.
Author: Robert J. Russell
History
The Association certified by the State Board of Agriculture and Industries shall hold a referendum in the Alabama counties of Baldwin and Mobile referenced herein as the "Certified Association". At the time of the referendum, Alabama shrimpers shall vote to determine if they favor paying for a period of five years from the date of the referendum, an assessment in an amount not to exceed one and one quarter cents ($0.0125) per gallon on the sale to or purchase of marine diesel fuel in this state by shrimpers licensed and authorized to do business in the state.
Author: Robert J. Russell
History
(1) The Certified Association shall have the responsibility to arrange, manage and conduct any referendums. It shall also be responsible to furnish all necessary ballots and arrange for the necessary poll holders.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Certified Association.
Author: Robert J. Russell
History
Not less than 30 days before a referendum is to be held, the Certified Association shall give notice of such referendum by publishing same in its trade publications and by mailing a written notice to each county extension agent or coordinator in Baldwin and Mobile Counties. Additionally, public notice of the exact location of each polling place shall be given in advance of the referendum. The notice shall include, at minimum, the date of the referendum, hours the polls will be open, the exact location of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected, and the general purposes for which said amount so collected shall be expended and applied.
Author: Robert J. Russell
History
(1) Voting facilities shall be provided in the county seat of Baldwin and Mobile counties in the State of Alabama. Additional facilities may be provided at the discretion of the Certified Association.
(2) The polls shall be open from 8:00 a.m. until 5:00 p.m. on the date of the referendum.
Author: Robert J. Russell
History
(1) There shall be no less than two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voter's register. Prior to casting his or her vote, each person who is entitled to vote in the referendum as further provided herein, shall sign his or her name to the register. Also, each voter shall write in the register his or her address, phone number, and the name of the authorized shrimper represented.
(3) In order to insure that all voting is secret and confidential, each voter shall be provided with a printed ballot. The ballot shall contain a statement explaining the purpose of the referendum and a place to vote on whether the shrimper approves or disapproves the proposed action.
(4) Each marked ballot shall be folded and deposited in a ballot box or other container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall immediately open the ballot boxes or other containers, count each ballot and tabulate the results of the count. Any interested individual may be present and observe the counting of the votes and the tabulation of the results.
(6) After each ballot has been counted and the results tabulated, the poll holders shall place the marked ballots into some kind of container which shall be sealed. This container, along with a certification of the results of the count of the ballots, shall be delivered immediately to the Chairman of the Referendum Committee of the Certified Association. Within ten (10) days of the Referendum Committee having received all the certified results from Baldwin and Mobile counties in the State, it shall tabulate, publicly declare, and announce the results of the referendum. Also, within ten (10) days of receipt of the results from each county, a certified copy of the results of the referendum shall be forwarded to the Commissioner of Agriculture and Industries.
Author: Robert J. Russell
History
All licensed and authorized commercial shrimp boat owners/producers, referenced herein as "shrimpers", which made shrimp landings in the year immediately preceding and not less than thirty (30) days prior to the referendum shall be eligible to cast votes in the referendum. If there is any question of eligibility, the Certified Association is authorized to request any additional information allowed by statute.
Author: Robert J. Russell
History
(1) Each shrimper licensed and authorized to do business in the state in the geographic area covered by the referendum shall have one vote cast by an authorized individual named and certified in writing to the Certified Association not less than 20 days prior to the referendum date, whether the production operation is conducted by an individual (sole proprietorship), partnership, estate, corporation, limited liability company, or other legal entity, including parent-subsidiaries and any one or more of the foregoing.
(2) Each eligible voter designated or otherwise shall vote in person at an established polling place. Neither proxy voting or voting by mail shall be allowed.
Author: Robert J. Russell
History
(1) The assessment shall be collected at the first point of sale by the distributors, when the retailer orders fuel to be used by commercial shrimping vessels in Alabama. The one and one quarter cents ($0.0125) per gallon assessment is added to the wholesale price or cost of fuel purchased by the retailer. Provided, however, if the fuel is ordered or intended to be used for purposes other than those set out in the statutory authority then no assessment should be collected by the distributor.
(2) A distributor shall include every person or entity who shall engage in the selling of marine diesel fuel at wholesale and not in broken or component quantities at retail.
(3) The amount of such assessment collected by the wholesaler shall be remitted to the Commissioner of Agriculture and Industries by the twentieth day following the deduction from the retailer from the account of the retailer.
Author: Robert J. Russell
History
The treasurer of the Certified Association shall be bonded in an amount of not less than two-hundred thousand dollars ($200,000). At the end of a completed year of assessment collections, the above bond amount requirement will be adjusted to adequately reflect as required under the law, the amount of assessment forwarded to the Certified Association.
Author: Robert J. Russell
History
The purpose of this chapter is to promote the growth of agricultural tourism in Alabama by establishing the rules required by Act Number 2011-547. This chapter establishes the requirements and guidelines for becoming an Approved Agricultural Tourist Attraction and establishes the Agritourism Advisory Committee.
History
For the purposes of this Chapter, the following definitions shall apply:
(a) Agritourism Advisory Committee means the committee that shall review all applications and determine if an agribusiness meets the requirements of this Chapter to become an approved agricultural tourist attraction. The Committee shall advise the Commissioner on an applicant's compliance with this Chapter. The Agritourism Advisory Committee may also be referred to as the "Committee."
(b) Approved Agricultural Tourist Attraction means an agribusiness that meets the requirements of this Chapter and has been designated as an Approved Agricultural Tourist Attraction in accordance with this Chapter. An Approved Agricultural Tourist Attraction may also be referred to as an "AATA" or as an "Attraction."
(c) Commissioner means the Commissioner of the Alabama Department of Agriculture and Industries.
(d) Department means the Alabama Department of Agriculture and Industries.
History
(1) An agribusiness applying for the designation of "Approved Agricultural Tourist Attraction" shall complete the application provided by the Department of Agriculture & Industries. The Agritourism Advisory Committee shall review each application, and advise the Commissioner as to whether the applicant meets the requirements for an AATA designation as described in rule 80-8-11-.05. The Commissioner shall make the final determination concerning an applicant's status as an AATA.
(2) Each application shall be accompanied by a non-refundable application fee of $100.00, payable to the Alabama Department of Agriculture & Industries.
(3) Each applicant designated by the Commissioner as an Approved Agricultural Tourist Attraction, shall pay to the Department an annual renewal fee of $100.00. The renewal fee shall accompany the annual report form provided by the Department. Annual reports and renewal fees shall be delivered to the Department on or before September 30th of each year. The Commissioner shall revoke the "Approved Agricultural Tourist Attraction" designation for any Attraction that fails to file an annual report or fails to pay the renewal fee, and shall notify the Alabama Department of Transportation that the Attraction is no longer an AATA.
(4) Every three (3) years the Department shall provide all Approved Agricultural Tourist Attractions with a compliance evaluation form. Each AATA shall complete the compliance evaluation form and return the form to the Department. The Committee will review each compliance evaluation form and advise the Commissioner on whether each AATA is still in compliance with this Chapter. If an AATA is still operating within the requirements of this Chapter, the Committee shall recommend that the Commissioner reapprove the Attraction's designation as an Approved Agricultural Tourist Attraction. If an AATA is not operating within the requirements of this Chapter, the Committee shall give written notice to the Attraction that it has thirty(30) days to come into compliance with this Chapter. If an Attraction is still not in compliance with this Chapter at the expiration of the thirty (30) days, the Committee shall recommend that the Commissioner revoke the Attraction's designation as an "Approved Agricultural Tourist Attraction," and notify the Alabama Department of Transportation that the Attraction is no longer an AATA. The Commissioner shall make the final determination regarding an AATA's compliance with this Chapter.
(5) The Commissioner may revoke an agribusiness's AATA designation, at any time, if the agribusiness fails to continue operating within the requirements of this Chapter.
(6) If an Attraction has had its designation as an AATA revoked for any reason, that attraction shall not be eligible to reapply for AATA designation for two (2) years from the date of revocation.
History
The Committee shall consist of five individuals with knowledge of agritourism and rural economic development. All five committee members shall be appointed by the Commissioner of Agriculture and Industries, and all shall serve at the will of the Commissioner. The Commissioner shall choose one committee member from each of the following entities: the Alabama Department of Agriculture and Industries, the Alabama Farmers Market Authority, the Alabama Cooperative Extension System, and the Alabama Farmers Federation. The fifth committee member shall be an individual from the agritourism industry. The committee shall advise the Commissioner regarding an applicant's compliance with the requirements of this Chapter.
History
(1) An Approved Agricultural Tourist Attraction shall be a commercial enterprise that complies with requirements of this Chapter and has been approved by the Commissioner. The Attraction may be located at any agricultural location, including horticultural and agribusiness operations that generates tourism income. Examples of commercial enterprises meeting this requirement include, but are not limited to, farms, vineyards, farm wineries, seasonal U-pick operations, farm stands, roadside stands, educational and entertainment agritourism farms, Christmas tree farms, and Farmers markets that are designated "Certified Markets" by the Alabama Farmers Market Authority. The use of the word "farm" in this section includes farm wineries, certified farmers markets, and vineyards.
(2) An agribusiness seeking the designation of Approved Agricultural Tourist Attraction shall:
(a) Be open to the public a minimum of five (5) days a week, 3 to 6 hours per day, preferably one weekend day during the farm's selected season(s). This requirement shall not apply to seasonal operations such as U-pick farms, "Certified Farm Markets" of the Farmers Market Authority, Christmas tree farms, pumpkin patches, corn mazes, fall farms open only in the September through December time frame, farms open for special events or festivals, or for craft and artists' farms which are open by appointment or reservation only,
(b) Maintain a clean and neat appearance at farm entrance and throughout visitor areas,
(c) Must be located on a site free of threats to human health and safety with signage indicating health and safety information and facilities,
(d) Must provide trained staff who welcome individuals or groups, give interpretive tours, answer questions, and are available for assisting tourists, and
(e) Must provide tourists with informational material such as brochures, flyers, maps, activity sheets relating to the agritourism site.
(3) Any agribusiness seeking the designation of Approved Agricultural Tourist Attraction shall also satisfy at least five of the additional requirements below:
(a) Provide educational material for school visits related to farm activities for use both pre and post-visit in addition to materials for use while at the farm,
(b) Provide tourists with clear directions from staff regarding recreational activities and safety rules,
(c) Demonstrate the active production of food, fiber, or other farm products while providing tourists information regarding the process through conversations with staff or appropriate signage,
(d) Demonstrate proper care for livestock, fish, or small animal exhibits while providing tourists information regarding the process through conversations with staff or appropriate signage,
(e) Provide clean restrooms for tourists. Restrooms may be portable, and shall be accessible to special needs tourists,
(f) Provide parking areas with marked spaces on level ground for special needs tourists,
(g) Provide warnings on any areas or activities not accessible or conducive to the safety of special needs or physically-challenged individuals,
(h) Display clearly visible and easy to understand directional signage for all activities,
(i) Provide a free telephone for emergency use with emergency numbers posted near by,
(j) Provide tourists easy access to clean drinking water,
(k) Maintain an area set aside for tourists to relax,
(l) Provide at least one staff member on site that is trained in first aid procedures with a first aid kit that is readily available, inspected frequently, and stocked appropriately,
(m) Provide tourists with a pre-visit packet mailed prior to the visit containing information related to the farm,
(n) Provide tourists with a simple tourist satisfaction survey or similar evaluation tool for feedback from of individuals or groups to assess visitor impression of farm visit, or
(o) Provide easily accessible and smooth paths to accommodate wheelchairs, walkers, and strollers.
(4) In its application, an agribusiness shall declare whether it is applying to be an Approved Agricultural Tourist Attraction in one of the following categories:
(1) a Vineyard/Farm Winery,
(2) an Agritourism Facility, or
(3) a Commercial Agritourism Business. In addition to the requirements of (1), (2) and (3) above, the agribusiness must meet the following requirements for its chosen category.
(a) To be eligible as an Approved Agricultural Tourist Attraction in the Vineyard/Farm Winery category, the applicant shall:
Produce wine derived from vineyards on the premises.
Conduct regularly scheduled public tours of the grounds or facilities, or Provide such tours upon walk-up request.
Market the product on the premises as a retail sale.
Have a wine tasting area on the premises, and
Have a winery permit issued by the State of Alabama.
(b) To be eligible as an Approved Agricultural Tourist Attraction in the Agritourism Facility category, the applicant shall:
Sow, cultivate, grow, or produce an agricultural product on site.
Open to tourists for special events or seasonal activities.
Devote a minimum of five acres of land to the sowing, cultivating, growing, or production of an agricultural product, and
Market the product on the premises for retail sale.
(c) To be eligible as an Approved Agricultural Tourist Attraction in the Commercial Agritourism Business category, the applicant shall:
Demonstrate that the business exists on agricultural land or focuses on agricultural products,
Be a tourist destination or an accommodation that is not part of a franchise or national chain,
Provide a commercial product or service recognized as significant to tourists, and
Provide a commercial product or service recognized as important.
History
The purpose of this Chapter is to establish the rules and procedures to govern the conduct of a referendum under the terms of Code of Alabama. This referendum will allow peanut producers to vote an assessment against themselves which will be used for promotion of the peanut industry in Alabama.
History
Pursuant to Code of Ala. 1975, § 2-8-123 the Association certified by the State Board of Agriculture and Industries shall hold a referendum amongst producers of peanuts. At that time Alabama peanut producers will vote and determine if they favor paying for a period of 3 years from the date of the referendum, an assessment in an amount not to exceed the limit set forth in the Code of Ala. 1975, § 2-8-126.
History
(1) The Association certified by the State Board of Agriculture and Industries shall have the responsibility to arrange, manage and conduct any referendums.
(2) All expenses and costs necessary to conduct any referendums shall be borne by the Association certified by the State Board of Agriculture and Industries.
History
Not less than 30 days before any referendum is held, the Association certified by the State Board of Agriculture and Industries shall give notice of such referendum by publishing same in an established farm publication and by mailing a written notice to each county extension coordinator in the area covered by the referendum. Notice shall also be published once a week in a newspaper in the county in which USDA inspection and buying points for peanuts are located for three successive weeks next preceding the referendum. The notice shall include, at minimum, the date of the referendum, the hours that the polls will be open, the addresses of polling places, the rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purpose for which the assessment is collected.
History
(1) Voting facilities shall be provided in counties in which peanuts are produced or processed. Additional facilities may be provided should the Association certified by the State Board of Agriculture and Industries find same advisable.
(2) Polls shall be open from 8:00 a.m. to 4:00 p.m. on the date of the referendum.
History
(1) All individuals who in the past 3 crop years immediately preceding the referendum produced peanuts and shall be subject to an assessment levied shall be eligible to cast a vote in the referendum. If there is any question of eligibility, the Association certified by the State Board of Agriculture and Industries is authorized to request any additional information permitted by law.
(2) Each producer shall have one vote.
History
(1) There shall be two persons at each polling place who shall serve as poll holders. Such poll holders shall be in charge of and supervise the voting.
(2) Each polling place shall have a voting register in the form of an affidavit. Prior to casting his or her vote, each person who is entitled to vote in the referendum shall sign his or her name to the register. Also, each voter shall write in the register his or her address and the total number of acres they had in production of peanuts in the last year.
(3) Each producer shall be provided a ballot. The producer will mark whether he approves or disapproves the promotional program.
(4) Votes shall be cast by secret ballot. Each marked ballot shall be deposited in a ballot box or other designated container where it will be kept until such time as it is counted.
(5) As soon as the polls close and the last vote is cast, the poll holders shall open the ballot boxes or other containers, count each ballot and tabulate the results of the count. They will then report the results to the Association certified by the State Board of Agriculture and Industries. Following the referendum and within 10 days thereafter, the Association certified by the State Board of Agriculture and Industries shall publicly declare and announce the results.
History
Nursery stock shall include all plants, trees, shrubs, vines, cuttings, and grafts, scions and buds grown or kept for or capable of propagation, distribution or sale.
Authors: Charles H. Barnes, John P. Hagood
History
(1) No inspection certificate shall be issued for the sale, offering for sale or movement of any nursery stock until the stock in question shall have been inspected by the Commissioner and found to be apparently free from seriously injurious plant pests.
(2) The nursery must be in such condition, in regard to growth, cultivation, and weed control as to permit an efficient inspection for plant pests.
Author: Charles H. Barnes
History
(1) Nurserymen shall pay annual inspection certificate fees based on the previous year's volume of sales in nursery stock. Where stock is grown at more than one location, fees shall be based on the aggregated previous year's volume of sales, unless the nurseryman requests separate certification, as follows:
Previous Year's Gross Sales of Production Fee
Less than $100,000 $ 35.00 $100,000.01 to $500,000 $ 75.00 500,000.01 to $1,000,000 $125.00 $1,000,000.01 to $1,500,000 $200.00 More than $1,500,000 $230.00
(2) A person who requests an inspection and a certificate for plants not defined herein as nursery stock, for any movement or sale, may be provided such services on the same basis as if the plant material shall be subject to the same laws and rules as if the person was a nurseryman and the plant material was nursery stock.
(3) A dealer in nursery stock shall pay an annual certificate fee of $20.00 for each separate location or place of business from which nursery stock is sold or offered for sale.
(4) These certificates expire September 30, the end of the fiscal year for which they are issued.
History
(1) Growers of plants not considered as nursery stock by Alabama but classified as nursery stock by other states who wish to make shipments into states requiring that an inspection certificate accompany such plants, must make application for inspection services and pay the required inspection fee before such certificate can be issued.
(2) Such person and such plant material shall be subject to the same laws and rules as if the person was a nurseryman and the plant material was nursery stock.
Author: Charles H. Barnes
History
Every nurseryman and dealer must retain for three years all invoices showing source and date of purchase of all nursery stock. Such records must be made available upon request by the Commissioner during normal business hours.
Author: Charles H. Barnes
History
(1) Out-of-state nurseries and dealers must file with the Commissioner a duplicate certificate of inspection issued by the official certifying agency of the state of origin. An official list of certified nurseries and/or dealers issued by the official certifying agency of the state of origin may be substituted for duplicate certificates. The Commissioner may enter into reciprocal agreements with the certifying agency of other states whereby no certificate fee will be required, provided Alabama nurserymen and dealers are permitted to ship nursery stock into such states without having to pay a fee for an inspection certificate or permit granting that privilege.
(2) Nursery stock entering the State of Alabama must be certified as being apparently free from plant pests. Certificate tags issued by the official certifying agency of the state of origin stating such must be firmly attached to each box, bundle or package of nursery stock moved into the state.
(3) All other plant material entering the State of Alabama must be found apparently free from plant pests upon inspection.
Author: Charles H. Barnes
History
(1) Each box, bundle or package of nursery stock moved into or within the State of Alabama shall have a valid official tag bearing a copy of certificate of inspection and seal of the Department of Agriculture and Industries conspicuously attached, or an inspection tag of the U.S. Department of Agriculture. Shipments of stock not thus tagged shall be liable to confiscation by the Commissioner. One tag on a container does not cover individual orders therein.
(2) Certificate tags are not required on local retail sales where such sales are made directly to the ultimate user of such nursery stock.
(3) Certificate tags of a standard design and size may be secured through the Commissioner.
(4) The certified nurseryman or dealer may print certificate tags at their own expense, provided:
(a) the plates or proofs are examined and approved by the Commissioner prior to printing; but
(b) these certificate tags are subject to confiscation by the Commissioner for cause.
Author: Charles H. Barnes
History
Any person collecting native wild plants for the purpose of sale must take out an annual inspection certificate on the same basis as a dealer. Each load or lot collected must be inspected by the Commissioner before being offered for sale. Requests for inspection at a specified time must be made in advance.
Author: Charles H. Barnes
History
Any certificate or permit may be revoked and any certificate tags recalled at any time for violation of the provisions of Chapter 25, Title 2 Code of Ala. 1975, or the rules and regulations of the State Board of Agriculture and Industries.
Author: Charles H. Barnes
History
All shipments of nursery stock coming into the state as well as intrastate shipments are subject to inspection in transit or at destination at the option of the Commissioner, and if found infested with any serious plant pests, may be returned to the consignor, treated, destroyed, or otherwise disposed of as the Commissioner may deem advisable and direct. In case the shipment is returned to the consignor or treatment is ordered, same shall be at the expense of the consignor.
Author: Charles H. Barnes
History
(1) For those desiring to make complimentary shipments of nursery stock, inspections will be made of such shipments and if plants are found apparently free of plant pests, special permit tags will be issued.
(2) Special permits may be issued for the entrance into Alabama of any quarantine plants, seeds, plant products, plant pests, or noxious weeds that are needed for experimental purposes by the U.S. Department of Agriculture, or by the Alabama Agricultural Experiment Station, or by any other appropriate agency; provided that the Commissioner is satisfied that such movement does not harm or threaten Alabama's agricultural or horticultural interests.
Author: Charles H. Barnes
History
Public agencies which produce nursery stock for sale or distribution shall be exempt from payment of certificate of inspection fees provided:
(a) such nursery stock is produced substantially for educational or research purposes, and
(b) the gross income from sale of such nursery stock is under $25,000 annually, and
(c) the public agency meets all other requirements for a certificate of inspection, and
(d) the public agency submits a letter to the Commissioner requesting exemption and certifying compliance with (a) and (b) above.
Author: Charles H. Barnes
History
(1) The purpose of this Chapter is to prevent the dissemination of sweet potato pests. The following rules in this Chapter govern the movement, shipment, and certification within or into the State of Alabama of sweet potato seed, plants, table stock or vines. No sweet potato seed, sweet potato plants or vines will be certified in the areas designated by the Commissioner as infested with the sweet potato weevil. The Commissioner may deem table stock grown in an infected area to be certified provided they have been trapped, inspected and found free of sweet potato weevil (Cylas formicaris) by the Commissioner or his representative.
(2) The provisions herein shall not be construed to prohibit the possession or movement of noncertified sweet potato seed, plants, or vine cuttings for propagation purposes within the limits of a farm where such were produced.
History
As used in this Chapter, the following words shall have the meaning stated below, unless the context clearly requires otherwise:
(a) Board. The State Board of Agriculture and Industries.
(b) Commissioner. The Commissioner of Agriculture and Industries or his designated representative.
(c) Infested. The actual presence of a pest of sweet potatoes, or circumstances which make it reasonable to believe that such are present.
(d) Pest(s). Any infectious, contagious, or harmful agent, disease or disorder of sweet potatoes, including but not limited to, those incited by bacteria, fungi, viruses, mycoplasmas, nematodes, mites, insects, protozoa, weeds, or any organisms similar to or allied with any of the foregoing.
(e) Sweet Potato. Vines, cuttings, slips, draws, roots, and any other vegetatively propagated part of the plant, Ipomoea batatas (L) Lam.
(f) Sweet Potato Grower. Any individual, corporation, or company who grows Sweet Potato seed, plants or table stock for the purpose of distribution, sale or movement away from the farm on which such Sweet Potatoes were grown or produced.
(g) Sweet Potato Dealer. Any individual, corporation, company, society, association or other business entity, not a grower of sweet potatoes, who buys, receives on consignment, or otherwise acquires and has in his possession sweet potatoes for the purpose of offering or exposing same for sale, reselling, reshipping or distributing.
(h) Sweet Potato Plant Certificate Tag. A tag, of various colors, issued by the commissioner, indicating that the sweet potato plants on which the tag is issued were produced in a manner consistent with this Chapter.
(i) Sweet Potato Plant Certificate Tag. A tag, of various colors, issued by the commissioner, indicating that the sweet potato plants on which the tag is issued were produced in a manner consistent with this Chapter.
(j) Sweet Potato Plant Certificate Tape. Fabric tape of various colors, correspondent to those of (8) above, issued by the commissioner, indicating that the sweet potato plants on which the tape is issued were produced in a manner consistent with this Chapter.
(k) Sweet Potato Green Tag. A tag, green in color, issued to Sweet Potato producers indicating compliance with Alabama sweet potato certification rules.
History
(1) All growers in the State of Alabama who intend to sell or exchange sweet potato seed or plants for propagation purposes the following year should apply to the commissioner for certification on or before May 15, on forms supplied by the commissioner. Only one application is necessary to obtain field, storage, and plant-bed inspections.
(2) The annual certification fee of one hundred ($100.00) shall accompany the application for inspection. A trapping and inspection fee of $5.00 per acre is required for each acre of Sweet Potatoes grown or produced for sale or distribution.
(3) Delinquent fees shall be handled as provided under Code of Ala. 1975, § 2-9-2.
History
(1) The term Alabama Certified shall have reference to the sweet potato seed and sweet potato plants meeting the requirements for certification as provided herein.
(2) Certified sweet potato seed and sweet potato plants will be those found to be apparently free of pests in the field, plant bed, and in storage. Certification will be denied for sweet potato seed and sweet potato plants in which pest problems are detected which present a potential hazard to the sweet potato industry and which cannot be adequately cleaned up to the satisfaction of the commissioner.
(3) Standards for certification shall include no apparent stem rot, black rot, mosaic, sweet potato weevils, pox, mixed varieties, or mutations and only one percent (1%) nematodes or scurf will be allowed.
(4) No sweet potato seed certification tags will be issued to a grower unless two (2) or more satisfactory inspections of his stock have been made--at least one (1) field inspection and at least one (1) storage inspection. In addition, plants must pass at least two (2) plant-bed inspections before sweet potato plant certificate tape and sweet potato plant certificate tags can be issued. Certificate tags and tape required herein shall be furnished by the commissioner at a reasonable cost.
(5) The commissioner reserves the right to revoke certification and to recall all outstanding certificate tags and tape for failure to comply with these regulations, for misuse of tags or tape, or upon finding pests in fields, storage, plant beds, or sales outlets.
(6)
(a) All fields subject to certification must be identified by the agent of the Commissioner or Agriculture in a clean state of cultivation and otherwise amenable to inspection. Inspection will not be conducted for fields of mixed varieties, fields considered to be too overgrown with weeds, nor fields not readily accessible to inspection. One (1) field inspection will be required for sweet potato varieties that are known to be highly resistant to stem rot. Two (2) field inspections, not less than fifteen (15) days apart, will be required for varieties susceptible to stem rot. Each field subject to certification must be inspected and trapped at the rate of 1 (one) trap per 10 (ten) acres. Certified plants produced from certified seed must be used in order to be eligible for certification. A 50 foot barrier must be maintained around each field that is to be certified.
(b) The sweet potato producer shall be responsible for rogueing fields of off types, mutations, intermixed varieties, as well as stem rot and mosaic infected plants.
(c) Sweet potato producers shall be required to report to the commissioner all detections of sweet potato weevils, black rot and other serious pests of sweet potatoes upon detection.
(d) Sweet potato producers are encouraged to use pest control recommendations in the field provided by the Alabama Cooperative Extension Service, or other effective, properly labeled pesticides which may be available.
(e) All sweet potato seed must be produced from transplanted sprouts cut from the plant bed or from vine cuttings; however, sweet potato seed may be produced from sprouts pulled from the plant bed if such are treated with approved pesticides prior to planting.
(7)
(a) At least one (1) inspection shall be conducted of all sweet potato seed while in storage, not less than thirty (30) days after the sweet potato seed entered the storage facility. The storage facility, if previously used for storing sweet potatoes, shall be thoroughly cleaned and disinfected by approved methods before another crop is stored. The grower must make necessary arrangements so that sweet potato seed subject to certification and are accessible for inspection are clearly separated 36 inches from uncertified sweet potato seed and are properly identified as to variety.
(b) Sweet potato seed producers are encouraged to use pest control recommendations in storage provided by the Alabama Cooperative Extension Service, or other effective, properly labeled pesticides which may be available.
(c) Sweet potato seed shall be stored in facilities above ground which are well lit, and allow proper aeration, curing, and maintenance throughout the storage period.
(8)
(a) Sweet potato plants subject to certification must be produced from certified sweet potato seed. Such plants shall be maintained separate from uncertified plants which may be produced for use on the farm where produced. Sweet potato seed shall not be bedded in an area known to have been exposed to contamination with pests or in an area used in the production of sweet potatoes or sweet potato plants during the previous three (3) years, unless effective pest control measures have been implemented to the satisfaction of the commissioner. At least one (1) inspection will be made of plants in the plant bed after the plants are above ground, and another at least fifteen (15) days later. Additional inspections may be made if deemed advisable by the commissioner. Any condition that causes deterioration of sweet potato plants to an appreciable extent, or mixed varieties to any extent, in any bed shall be just cause for the commissioner to refuse or to suspend certification. The commissioner is authorized to destroy sweet potato plants and sweet potato seed as necessary to maintain apparent freedom from pests.
(b) Sweet potato plant producers are encouraged to use pest control recommendations in the plant bed provided by the Alabama Cooperative Extension Service or other effective, properly labeled pesticides which may be available.
(c) The area immediately around plant beds shall be maintained in a clean and weed-free condition.
(d) All plant beds shall be cleaned and all crop residue destroyed or properly disposed of as soon as possible after the last pulling, but in no event shall this take place beyond 45 days of the last pulling, except when such plant beds are treated with approved pesticides, so that there is no regrowth and all sweet potato seed in the plant bed decays.
History
Movement of sweet potato seed or sweet potato plants for propagation purposes shall be prohibited beyond the limits of the farm where produced unless such sweet potato seed or plants have been certified and appropriately tagged as provided herein. Such propagation stock shall be transported in new and unused containers, or in properly cleaned and treated used containers. Sweet potato seed certificate tags, sweet potato plant certificate tags, and/or sweet potato plant certificate tape shall be issued only after the sweet potato seed or sweet potato plants have passed the proper inspections, and after the grower has complied with the rules provided herein to prevent the spread of injurious pests.
(a) Each container of sweet potato seed offered or exposed for sale, trade, or other distribution, or possessed beyond the limits of the farm where grown, moved or shipped within or into the State of Alabama, must have firmly attached a valid sweet potato seed certificate tag issued by the commissioner or by the certifying agency of the state of origin. The grower's name, address, and the variety of sweet potato must be printed on the tag.
(b) All sweet potato plants offered or exposed for sale, trade, or other distribution, or possessed beyond the limits of the farm where grown, moved or shipped within or into the state of Alabama must be tied with valid sweet potato plant certificate tape in bundles of one hundred (100) plants or less, and each bundle, package, or container must have firmly attached a valid sweet potato plant certificate tag issued by the commissioner or by the certifying agency of the state of origin. The grower's name, address, the variety, and the number of plants per bundle must appear on the tag. Sweet potato plant certificate tags and sweet potato plant certificate tape must have been issued to the same grower, or the plants shall be subject to confiscation by the commissioner.
(c) Vine cuttings shall meet all requirements set for plants.
(d) Sweet potato table stock offered or exposed for sale, trade, or other distribution, or possessed beyond the limits of the farm where grown, moved or shipped within or shipped out of the state of Alabama must have a valid sweet potato green tag attached to or placed within each container.
History
(1) All requirements as provided herein for certification and for the sale and distribution of propagating material apply where sweet potato seed, sweet potato plants, and sweet potato table stock are sold, offered for sale, or kept for sale by a person or firm engaged in the business of buying and reselling sweet potato seed, sweet potato plants, and sweet potato table stock.
(2) Sweet potato seed or sweet potato plants not meeting the requirements herein for certification and for the sale and distribution of propagating material shall be subject to confiscation.
History
(1) Sweet potato seed or sweet potato plants produced outside the State of Alabama and moved into Alabama shall be governed by the same requirements that regulate such material produced within the State of Alabama.
(2) Out-of-state growers who wish to move sweet potato seed or sweet potato plants into Alabama must submit to the commissioner a duplicate inspection certificate issued by the certifying agency of the state of origin. This duplicate inspection certificate must show compliance with certification requirements equivalent to those provided herein.
(3) Sweet potato seed certificate tags, sweet potato plant certificate tags, and sweet potato plant certificate tape issued by the certifying agency of the state of origin will be accepted in Alabama on a reciprocal basis.
(4) Seed shall be shipped in new and unused containers, or in properly cleaned and treated used containers which bear a sweet potato seed certificate tag issued by the proper certifying agency of the state of origin.
(5) Plants must be tied in bundles of one hundred (100) plants or less with sweet potato plant certificate tape issued by the proper certifying agency of the state of origin and each bundle or each container of plants must have a sweet potato plant certificate tag showing the grower's name, address, the variety, and the number of plants in each bundle. Such plants shall be shipped in new and unused containers, or in properly cleaned and treated used containers.
(6) Sweet potato plant certificate tags, sweet potato seed certificate tags, and sweet potato plant certificate tape will be supplied at a reasonable cost by the commissioner if not available from the certifying agency in the state of origin.
Author: Charles H. Barnes
History
(1) All transportation and common carriers shall refuse to accept for shipment any consignment of sweet potato seed when such shipment is not accompanied by a valid sweet potato seed certificate tag. Such carriers shall also refuse to accept for shipment sweet potato plants not accompanied by a valid sweet potato plant certificate tag and tied with valid sweet potato plant certificate tape. Such carrier shall also refuse to accept for shipment sweet potato table stock not accompanied by a valid sweet potato green tag.
(2) In accordance with Code of Ala. 1975, § 2-25-11, it shall be the duty of the transportation companies and common carriers to withhold delivery and notify the commissioner of the arrival within the state of Alabama of any shipment of plants or parts thereof within the scope of this regulation, when such shipment is made in violation of any of the provisions of this regulation.
History
Sweet potato seed and/or sweet potato plants may be moved within and into the state of Alabama for research purposes as long as such propagating material is apparently pest free. Such propagating material, if subsequently found not to be pest free, shall be handled in accordance with Rule 80-10-2-.10, entitled "Violations". The detection of pests associated with such sweet potato seed and/or plants shall be immediately reported to the commissioner. This section shall apply only to those recognized institutions involved with recognized research endeavors.
Author: Charles H. Barnes
History
Sweet potato seed, sweet potato plants or sweet potato table stock found infested with any pests which presents a potential hazard to the sweet potato industry, or which is otherwise in violation of any of the provisions of this chapter shall be declared to be a public nuisance and shall be suspended from sale, confiscated, ordered to be destroyed, or destroyed by the commissioner. The cost for removal and destruction of sweet potato seed, or sweet potato plants, declared to be a public nuisance shall be borne by the owner, shipper, or person in charge of such sweet potato seed, or sweet potato plants. At the discretion of the commissioner, the sweet potato seed, or sweet potato plants, or sweet potato table stock declared a public nuisance may be shipped out of Alabama at the expense of the owner, shipper, or person in charge of sweet potato seed, sweet potato plants, or sweet potato table stock.
History
The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing, or thought to contain, sweet potatoes carrying pests, or sweet potato seed or plants thought to be in violation of this chapter.
Author: Charles H. Barnes
History
Any person, firm, or corporation found guilty of violating the provisions of this chapter shall be subject to the penalties provided for in Code of Ala. 1975, § 2-25-22.
Author: Charles H. Barnes
History
The purpose of this chapter is to establish a quarantine against the Japanese Beetle for the protection of horticultural and cultivated crops in Alabama.
Author: Charles H. Barnes
History
That quarantine identified as Japanese Beetle Quarantine No. 7, dated December 3, 1975, and amendments thereto dated December 3, 1975, and December 10, 1975, and all other amendments thereto and all other quarantines against the Japanese Beetle are hereby repealed and withdrawn. The following quarantine is substituted in their place.
Author: Charles H. Barnes
History
It has been determined that the dangerous pest known as the Japanese Beetle (Popillia japonica Newm.), defined as a pest under the provisions of Code of Ala. 1975, § 2-25-1(1), has become established in the State of Alabama. It is also found and determined that the above pest is injurious to Alabama horticultural and cultivated crops. It is further determinated that a quarantine against said pest would be in the best interests of horticulture and agriculture in Alabama.
Author: Charles H. Barnes
History
For the purpose of this chapter, the following definitions shall apply:
(1) Certificate. A document issued or authorized to be issued by the commissioner to allow the movement of regulated articles to any destination.
(2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama, and his authorized representative.
(3) Compacted Soil. Soil attached to equipment which cannot be removed by brisk brushing and/or washing with water under normal city water pressure.
(4) Department. The Department of Agriculture and Industries of the State of Alabama.
(5) Compliance Agreement. A written agreement between a person, engaged in growing, dealing in, or moving regulated articles and the department, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Japanese Beetle.
(6) Exemptions. Conditions which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
(7) Infestation. The presence of the Japanese Beetle or the existence of circumstances that make it reasonable to believe the Japanese Beetle is present.
(8) Mechanized Soil-Moving Equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
(9) Permit. A document issued or authorized to be issued by the commissioner to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, or processing, or for treatment.
(10) Person. Any individual, firm, partnership, concern, corporation, association or other legal entity or organization.
(11) Moved, Movement, Move. Shipped, deposited for transmission in the mail, offered for shipment, received for transportation, carried, otherwise transported or moved, or allowed to be moved, by any means whatsoever, by any person, directly or indirectly.
(12) Pest. The insect known as the Japanese Beetle (Popillia japonica Newm.) in any stage of development.
(13) Scientific Permit. A document issued or authorized to be issued by the commissioner to allow the movement to a specific destination of regulated articles for scientific purposes.
(14) Soil. Soil shall be considered as that part of the upper layer of earth in which plants can grow.
Author: Charles H. Barnes
History
Upon the findings and determinations set out in Rule 80-10-4-.03, 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 chapter, subject to the conditions imposed by these rules.
Author: Charles H. Barnes
History
(1) The following pest and articles shall be regulated by these rules:
(a) The Japanese Beetle (Popillia japonica Newm.) in any living stage of development;
(b) Soil, humus, compost, muck, peat, and decomposed manure, separately or with other things;
(c) Plants with roots with soil attached, except houseplants grown in the home and not for sale, greenhouse grown plants, soil-free aquatic plants;
(d) Grass sod;
(e) Plant crowns and roots for propagation;
(f) True bulbs, corms, rhizomes and tubers of ornamental plants;
(g) Used mechanized soil-moving equipment;
(h) Any other products, articles, or means of conveyance of any character whatsoever not covered by paragraphs (1)(a) through (1)(g) of this rule, when it is determined by the commissioner that they present a hazard of spread of the Japanese Beetle and the person in possession thereof has been so notified.
(2) The following articles previously listed under paragraph (1) above as regulated shall be exempt from regulations, restrictions, and requirements so long as the conditions set out below are met and they also have not been exposed to infestation after cleaning or other handling.
(a) Soil, humus, compost, muck, peat, and decomposed manure, if commercially prepared, packaged, and shipped in original containers;
(b) True bulbs, corms, rhizomes and tubers of ornamental plants if free of soil;
(c) Plant crowns and roots for propagation, if free of soil;
(d) Transplants, if substantially free of soil;
(e) Used mechanized soil-moving equipment, if cleaned of all loose, noncompacted soil;
(f) Soil samples for processing, testing or analysis may be moved from the regulated area (without certificate or permit) only to laboratories operated under compliance agreement or only in emergencies under authorization from the commissioner.
The above exemptions always remain subject to applicable restrictions under other state quarantines.
Author: Charles H. Barnes
History
The following areas shall be deemed regulated.
(1) Out-of-state regulated areas:
Connecticut Maryland Ohio
Delaware Massachusetts Pennsylvania
District of Columbia Michigan Rhode Island
Georgia Missouri South Carolina
Illinois New Hampshire Tennessee
Indiana New Jersey Vermont
Kentucky New York Virginia
Maine North Carolina West Virginia
(2) Alabama areas regulated:
Calhoun County. Sec. 1-3, 11-16, 21, T. 16 S., R. 9 E.; Sec. 1-5, 9-16, 21-36, T. 15 S., R. 9 E.; Sec. 1-36, T. 14 S., R. 9 E.
Clay County. Sec. 1-36, T. 18 S., R. 9 E.
Cleburne County. The entire county.
DeKalb County. That portion east and north of the intersection of I-59 and Alabama Highway 35.
Jackson County. The entire county.
Lee County. Sec. 12, 13, 24, 25, T. 19 S., R. 26 E.; Sec. 3-11, 14-23, 27-30, T. 19 S. R. 27 E.
Madison County. That portion east of U.S. Highway 431.
Marion County. Sec. 16-21, 28-33, T. 11 S., R. 14 W.; Sec. 4-6, T. 11 S., R. 14 W.; Sec. 13-14, 23-26, 35-36, T. 10 S., R. 15 W.; Sec. 1-2, T. 11 S., R. 15 W.; Sec. 25-27, 34-36, T. 9 S., R. 11 W.; Sec 1-3, 10-15, 22-24, T. 10 S., R. 11 W.
Marshall County. That portion east of the west border of R. 3 E. and north of the south border of T. 7 S.
Randolph County. The entire county.
Tuscaloosa County. T. 20 S., R. 9 W.
Winston County. Sec. 28-33, T. 9 S., R. 10 W; Sec. 4-9, 16-21, T. 10 S., R. 10 W.
Author: Charles H. Barnes
History
(1) Unless specified otherwise in these rules, a certificate or permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles, provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of the commissioner. In all cases certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipper.
(2) Certificates or permits shall be securely attached to the outside of the container in which the regulated articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
(3) Regulated articles may be moved for experimental or scientific purposes in accordance with conditions specified by the commissioner provided a scientific permit is securely attached to the container of such regulated articles or to the article itself.
(4) Before the issuance of a certificate or permit, all requirements under other applicable quarantines must be met.
Author: Charles H. Barnes
History
(1) Certificates may be issued by the commissioner if the regulated articles meet the following:
(a) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
(b) Upon examination, have been found to be free of infestation; or
(c) Have been treated to destroy infestation in accordance with approval procedures; or
(d) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.
(2) Permits may be issued by the commissioner to allow the movement of noncertified regulated articles to locations outside the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the commissioner has determined that such movement will not result in the spread of the Japanese Beetle.
Author: Charles H. Barnes
History
There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and the commissioner has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by the commissioner.
Author: Charles H. Barnes
History
As a condition of issuance of certificates 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.
Author: Charles H. Barnes
History
(1) Under the provisions of Code of Ala. 1975, § 2-25-3, the commissioner may, after first being properly identified, 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 Japanese Beetle; and the commissioner is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these rules.
(2) Any costs incurred in implementing the provisions of these rules shall not be borne by the department with the exception of the services of its agents.
Author: Charles H. Barnes
History
Any person violating the provisions of this regulation shall be subject to the penalties imposed under the provisions of Code of Ala. 1975, § 2-25-22.
Author: Charles H. Barnes
History
(1) It has been determined that the destructive insect known as the sweet potato weevil, Cylas formicarius elegantulus Summers, defined as an insect pest under the provisions of Code of Ala. 1975, § 2-25-1(1), has been established in the state of Alabama. It is also found and determined that the above insect pest is injurious to Alabama's sweet potato industry. It is also found and determined that a quarantine against said insect pest would be in the best interests of horticulture and agriculture in Alabama.
(2) The purpose of this quarantine is to establish a quarantine against the sweet potato weevil for the protection of the sweet potato industry of Alabama.
Author: Charles H. Barnes
History
For the purposes of this quarantine, the following definitions shall apply:
(1) Infestation. The presence of the sweet potato weevil in any stage of development, or the existence of circumstances which make it reasonable to believe that the sweet potato weevil is present.
(2) 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 sweet potato weevil.
(3) 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.
Author: Charles H. Barnes
History
Upon the findings and determinations set out in Rule 80-10-5-.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
History
The following articles and pest shall be regulated by this quarantine:
(1) The living sweet potato weevil in any stage of development;
(2) Sweet potato, Ipomoea batatas (L) Lam., roots, plants, vines or parts thereof;
(3) Any vines or roots of other plants belonging to the general Ipomoea and Convolvulus;
(4) Such other plants as may be found to be hosts of the sweet potato weevil.
Author: Charles H. Barnes
History
Out-of-state regulated areas are as follows:
(1) Florida: Entire state.
(2) Georgia: Counties of Brantley, Bryan, Camden, Chatham, Colquitt, Dougherty, Glynn, Grady, Liberty, McIntosh, Tift, and Ware.
(3) Louisiana: Counties of Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Bienville, Bessier, Caddo, Calcasieu, Caldwell, Cameron, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jackson, Jefferson, Jefferson Davis, LaFayette, Lafourche, Lincoln, Livingston, Natchitoches, Orleans, Ouachita, Plaquemines, Pointe, Coupee, Rapides, Red River, Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, West Baton Rouge, West Carroll and West Feliciana.
(4) Mississippi: Counties of Adams, Amite, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Granada, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, Marion, Pearl River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne and Wilkinson.
(5) South Carolina: Counties of Beaufort and Charleston.
(6) Texas: Counties of Anderson, Angelina, Aransas, Atascosa, Austin, Bandera, Bastrop, Bee, Bell, Bexar, Blanco, Brazoria, Brazos, Brooks, Burleson, Burnet, Caldwell, Calhoun, Cameron, Chambers, Cherokee, Colorado, Comal, Coryell, Dewitt, Dimmit, Duval, Edwards, Falls, Fayette, Ft. Bend, Frio, Galveston, Goliad, Gonzales, Grimes, Guadalupe, Hardin, Harris, Hays, Hidalgo, Houston, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kinney, Kleberg, Lampasas, LaSalle, Lavaca, Lee, Leon, Liberty, Live Oak, Madison, Matagorda, Maverick, McMullen, Medine, Milam, Montgomery, Nacogdoches, Newton, Neuces, Orange, Panola, Polk, Real, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Starr, Travis, Trinity, Tyler, Uvalde, Val Verde, Victoris, Walker, Waller, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Zapata and Zavalla.
(7) Others: Any other counties, or portions thereof of any state hereinafter found to have sweet potato weevil infestations.
Author: Charles H. Barnes
History
Alabama regulated areas are as follows:
(1) The entire counties of Baldwin, Butler, Choctaw, Clarke, Coffee, Conecuh, Covington, Escambia, Geneva, Henry, Houston, Mobile, Monroe, Washington.
(2) That portion of Russell County consisting of the N 1/2 of T 16 N, R 30 E; NE 1/4 of T 16 N, R 29 E; E 1/2 of T 17 N, R 29 E; all of T 17 N, R 30 E; all of T 18 N, R 30 E.
(3) The entire county of Baldwin except the area bordered by I-10 to the North, AL-181 to the West, Baldwin Beach Expressway/Foley Beach Expressway to the East, and US98 to the South.
(4) Any other portions of Alabama not listed above, hereinafter found to have sweet potato weevil infestations shall at this time be designated a regulated area.
History
(1) Sweet potatoes entering into Alabama from areas of other states that are sweet potato weevil free must have firmly attached to the outside of each container a tag, green in color, issued by a duly authorized official representative of the state of origin, indicating that the sweet potatoes on which the tag is issued were grown, stored and inspected in a sweet potato weevil free area.
(2) Each load shall also be accompanied by a duly executed certificate of quarantine compliance as defined in Rule 80-10-4-.02(3).
(3) It shall be the duty of each Alabama store manager or other person purchasing out-of-state sweet potatoes to inquire of the seller or distributor the area or source where the sweet potatoes were grown or stored, and if the sweet potatoes were grown or stored in sweet potato weevil free areas of other states, such store manager or other person making such purchase shall not purchase such sweet potatoes unless there is attached to each container the green tag containing the above information.
(4) Sweet potatoes entering Alabama from areas of other states designated as sweet potato weevil free, enroute to such places as canning plants, military installations or other such type places where there is immediate processing or special handling, may be shipped in bulk. Each load under the above conditions shall be accompanied by a certificate of quarantine compliance as defined in Rule 80-10-5-.02(3).
(5) Sweet potatoes originating from a sweet potato weevil free area that enter regulated areas of Alabama and other states may not then be later moved into an Alabama sweet potato weevil free area unless said sweet potatoes have been treated by proper fumigation.
Author: Charles H. Barnes
History
(1) Sweet potatoes entering Alabama from areas of other states designated as "Regulated" must be accompanied by a valid certificate of quarantine compliance. Each container shall also have firmly attached to it a tag, manila in color, issued by a duly authorized official representative of the state of origin, certifying that the sweet potatoes have been properly fumigated; that they have been packed and handled under such conditions as to eliminate any danger of the spread of the sweet potato weevil; that the articles certified are apparently free from infestation of the sweet potato weevil.
(2) Sweet potatoes entering Alabama from areas of other states designated as regulated areas, enroute to such places as canning plants, military installations or other such type places where there is immediate processing or special handling, may be shipped in bulk. Each load must be properly fumigated and shall be accompanied by a certificate of quarantine compliance as defined in Rule 80-10-5-.02(3) above.
Author: Charles H. Barnes
History
Sweet potatoes produced in sweet potato weevil free areas in Alabama and only moved within the boundaries of the state are not required to have green tags attached to each container, or be accompanied by a certificate of quarantine compliance. However, persons in possession of such sweet potatoes shall, upon request of the commissioner, provide documentation as to the origin of such material.
Author: Charles H. Barnes
History
Any sweet potatoes originating from any area moving into a regulated area in Alabama shall not then be moved back into a sweet potato weevil free area of the state unless said articles meet the requirements of Rule 80-10-5-.08(2).
Author: Charles H. Barnes
History
Regulated articles under Rule 80-10-5-.04 above, produced within an area designated as a regulated area in Alabama as defined in Rule 80-10-5-.02(2) above, shall be handled as follows:
(1) Owners and/or persons in charge of properties infested with sweet potato weevils and properties within one mile of such infested properties shall not save seed sweet potatoes nor produce slips, vines, cuttings, draws, or any other parts thereof.
(2) Owners and/or persons in charge of properties not infested with sweet potato weevils and which are at least one mile from the nearest infestation may save seed sweet potatoes and produce slips, vines, cuttings, draws, or any parts thereof, provided:
(a) The seed sweet potatoes be hand selected and apparently free of sweet potato weevils and be treated with approved pesticides at the time of storage;
(b) The seed beds be treated as recommended with approved pesticides;
(c) All host material in and around the seed beds be completely destroyed immediately following the last pulling of plants and not later than August 1;
(d) The seed sweet potatoes, slips, vines, cuttings, draws, or any parts thereof be used only on the property where produced.
(3) Field plantings may be made on any property within the regulated area, provided:
(a) Owners and/or persons in charge of properties infested with the sweet potato weevil or noninfested properties within one mile of sweet potato weevil infested property use only Alabama certified planting stock;
(b) Owners and/or persons in charge of infested and noninfested properties carry out all sanitary practices in seed beds, field plantings, and storage units as recommended by the commissioner;
(c) Owners and/or persons in charge of infested properties not plant sweet potatoes within 300 yards of the previous year's field;
(d) Infested and noninfested fields be treated as recommended with approved pesticides;
(e) Failure to comply with the above may result in nonplanting restrictions.
(4) Sweet potatoes originating from a regulated area when inspected and found apparently free of infestation, may move to other points in the regulated area, to any area of another state where movement is possible, to designated processing plants and to approved northern markets upon compliance with the following:
(a) A certificate of quarantine compliance, as defined in Rule 80-10-5-.02(3) above must accompany each load; and
(b) A tag, manila in color, issued by the commissioner, indicating that the sweet potatoes on which the tag is issued were grown in a sweet potato weevil regulated area, but have been inspected and found apparently free of sweet potato weevils, shall be firmly attached to each container.
(5) Regulated articles originating in a regulated area may be moved to any point if properly fumigated. Each load must be accompanied by a certificate of quarantine compliance as defined in Rule 80-10-5-.02(3) above. Also a tag, manila in color, firmly attached to each container shall be issued by the commissioner indicating that the articles were properly fumigated; that they have been produced, packed and handled under such conditions as to eliminate any danger of the spread of the sweet potato weevil; that the articles certified are apparently free from infestation of the sweet potato weevil.
(6) Sweet potatoes produced in a regulated area may be transported through a free area of Alabama enroute to approved northern markets when transported by common carriers, provided that:
(a) The truck or other means of transportation must be officially sealed; and
(b) The shipment is accompanied by a certificate of quarantine compliance, as defined in Rule 80-10-5-.02(3); and
(c) A tag, manila in color, issued by the commissioner, indicating that the sweet potatoes on which the tag was issued were grown in a sweet potato weevil regulated area, but have been inspected and found apparently free of sweet potato weevils, shall be firmly attached to each container.
(7) It shall be the responsibility of the owner and/or the person in charge to detect and destroy domestic hosts (Ipomoea sp. and Convolvulus sp.) of the sweet potato weevil on any property within a regulated area in Alabama whereon sweet potatoes are grown.
Author: Charles H. Barnes
History
Seed sweet potatoes and sweet potato plants may not be sold, offered for sale, traded, or given away in Alabama unless they are certified under provisions set forth by the commissioner.
Author: Charles H. Barnes
History
Properties located within a regulated area may be released from quarantine if no sweet potato weevils have been found within the past three consecutive years. The minimum area which may be considered for release shall be no less than four square miles, to include the buffer area. The commissioner may waive the requirements set out in this rule if he determines that it would be in the best interests of agriculture and the citizens of the state.
Author: Charles H. Barnes
History
Under the provisions of Code of Ala. 1975, § 2-25-3, the commissioner may, after first being properly identified, 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 sweet potato weevil, and he is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these rules.
Author: Charles H. Barnes
History
Any person violating any 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
History
That quarantine identified as Sweet Potato Weevil Quarantine No. 2, dated May 28, 1968, and amendments thereto dated July 16, 1981, September 30, 1981, and all other amendments thereto and all other quarantines against the sweet potato weevil are hereby repealed and withdrawn.
Author: Charles H. Barnes
History
The Commissioner of Agriculture and Industries may, in his discretion, waive any duty, requirement, or any other provision of this quarantine for any time period necessary, if he determines that said waiver would be in the best interests of agriculture, the sweet potato industry and the citizens of Alabama.
Author: Charles H. Barnes
History
(1) It has been determined that the destructive insect pest known as the black imported fire ant, Solenopsis richteri Forel and the red imported fire ant, Solenopsis invicta Buren has become established in the state of Alabama as well as in other 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 interest of horticulture and agriculture in Alabama.
(2) Due to the above determination, a quarantine against the above defined pest is hereby established.
Author: Charles H. Barnes
History
For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:
(1) Certificate of Inspection. A document issued by the commissioner to allow the movement of regulated articles to any destination. Such certificate of inspection shall also be construed to imply complete compliance with restrictions noted in this quarantine.
(2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama, or his authorized representatives.
(3) Compacted Soil. Soil attached to equipment which cannot be removed by brisk brushing and/or washing with water under normal city water pressure.
(4) Compliance Agreement. A written agreement between a person or concern engaged in growing, dealing in, or moving regulated articles and the Alabama Department of Agriculture and Industries, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the imported fire ant.
(5) Exemptions. Conditions described herein which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
(6) Infestations. The presence of the imported fire ant or the existence of circumstances that make it reasonable to believe that the imported fire ant is present.
(7) Mechanized Soil-Moving Equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
(8) Permit. A document issued by the commissioner to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, or processing, or for treatment.
(9) Person. Any individual, firm, partnership, corporation, association or other legal entity or organization.
(10) Moved, Movement, Move. Shipped, deposited for transmission in the mail, offered for shipment received for transportation, carried, otherwise transported or moved, or allowed to be moved, by any means whatsoever, by any person, directly or indirectly.
(11) Pest. The insect known as the imported fire ant, two species, Solenopsis richteri Forel and Solenopsis invicta Buren in any stage of development.
(12) 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 imported fire ant.
(13) Soil. Soil shall be considered as that part of the upper layer of earth in which plants can grow.
Author: Charles H. Barnes
History
The following pests and articles shall be regulated by this quarantine.
(1) The black imported fire ant, Solenopsis richteri Forel, and the red imported fire ant, Solenopsis invicta Buren, in any living stage of development;
(2) Soil, compost, decomposed manure, humus, muck and peat, separately or with other things;
(3) Plants with roots with soil attached;
(4) Grass sod;
(5) Hay and straw;
(6) Used mechanized soil-moving equipment;
(7) Any other products, articles, or means of conveyance of any character whatsoever, when it is determined by the commissioner that they present a hazard of spread of imported fire ant and the person in possession thereof has been so notified.
Author: Charles H. Barnes
History
All infested areas of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Texas and all other state or additional areas within currently quarantined states hereafter found to be infested with imported fire ants are deemed regulated areas.
Author: Charles H. Barnes
History
Unless exempted, a certificate or a permit must accompany the movement of regulated articles from any regulated area into or through any point outside thereof. Regulated articles originating outside of a regulated area may be moved without a certificate or permit if the point of origin is clearly indicated on the shipping document accompanying the regulated articles, provided, in the case of articles moved through a regulated area, the regulated articles are protected from infestation, while within regulated areas, to the satisfaction of the commissioner.
Author: Charles H. Barnes
History
When certificates or permits are required, they shall be securely attached to the outside of the container in which the articles are moved except where the certificate or permit is attached to the shipping document and the regulated articles are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
Author: Charles H. Barnes
History
Certificates may be issued by the commissioner if the regulated articles:
(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated area; or
(2) Upon examination, have been found to be free of infestation; or
(3) Have been treated to destroy infestation in accordance with approval procedures; or
(4) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.
Author: Charles H. Barnes
History
Permits may be issued by the commissioner to allow the movement of noncertified regulated articles to locations outside the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the commissioner has determined that such movement will not result in the spread of the imported fire ant.
Author: Charles H. Barnes
History
There are no restrictions imposed on the movement of regulated articles within regulated areas unless the articles originate on infested properties and the commissioner has determined that a hazard of spread exists and the property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated area only under conditions approved by the commissioner.
Author: Charles H. Barnes
History
In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.
Author: Charles H. Barnes
History
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
History
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
History
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
History
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
History
(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
History
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
History
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
History
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
History
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
History
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
History
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
History
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
History
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
History
(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
History
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
History
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
History
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
History
(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
History
(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
History
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
History
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
History
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
History
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
History
For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Chapter 28 of Title 2 of Code of Ala. 1975 to mean:
(1) Accessible Area. An area that a person can physically enter and/or inspect.
(2) Board. The State Board of Agriculture and Industries of the State of Alabama.
(3) Branch Office. A place of business at an established location other than the main office having equipment and three or more employees directly engaged in structural pest control work from such place of business, which place of business is a subdivision or branch of the main office, point of headquarters or principal operation of the firm.
(4) Branch Supervisor. A person who has been certified by the examining board as qualified to supervise the operation of a branch office only, and in no event shall such person be qualified to supervise structural pest control work from a main office.
(5) Business Location. Any location in or from which professional work or services are solicited, accepted or conducted.
(6) Certification Card. A document issued by the commissioner attesting that all standards have been met in competency in one or more categories of professional work or services as certified by the examining board.
(7) Certified Operator. A person who has been certified by the examining board as qualified to supervise the operation of a main office or branch office.
(8) Chapter. Chapter 28 of Title 2 of Code of Ala. 1975, §§ 2-28-1 through 2-28-12.
(9) Chemical(s). Pesticide(s), collectively and individually.
(10) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama.
(11) Comprehensive Post Construction Soil Treatment. The treatment of soils and masonry voids at or near ground level establishing a chemical treatment zone to protect a structure from attack from termites consistent with the requirements of Rule 80-10-9-.20.
(12) Defacing. The removal of any surface of the structure or structural components to determine a condition that is not visible on the surface to the naked eye. Since the inspector is not the owner of the structure being inspected, no defacing will be done without approval from the property owner or authorized agent.
(13) Defined Post Construction Soil Treatment . The treatment of select areas of a structure as directed and permitted by a product's label directions to protect a structure from attack from termites consistent with the requirements of Rule 80-10-9-.20.
(14) Device. Any instrument or contrivance (other than a firearm), which is intended for trapping, destroying, repelling, or mitigating any pest, or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man, or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.
(15) Entomological Work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent or for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent.
(16) EPA. The Environmental Protection Agency of the United States Government.
(17) Evidence. The presence and visible signs of wood destroying organisms, dead wood destroying organisms, wood destroying organism parts, grass, termite shelter tubes, termite shelter tube stains or wood destroying organisms damage to the structure(s) inspected.
(18) Full-Time Resident Employee. A person who has been certified by the examining board as supervisor, certified operator or branch supervisor in one or more category or categories of professional work or services and who is domiciled at or near the permitted business location from which professional work or services are solicited, accepted, or conducted.
(19) Hidden Damage. Damage that cannot be seen without defacing the surface or removing or dismantling any part of the structure to reveal such damage.
(20) Horticultural and Floricultural Work. Receiving fees for landscaping and the setting of plants or for the sale of any plants for which the seller contracts to render future services.
(21) Inaccessible Area. An area that cannot be reached physically with hands nor seen with the human eye. Examples of inaccessible areas include but are not limited to ceiling joists; studs and other timber between walls; areas behind solid structures such as planter boxes, masonry steps, porches, and chimneys; floors under attached floor coverings; areas behind or beneath stoves, refrigerators, furniture, built-in cabinets, insulation, and raised flooring with sleepers beneath.
(22) Inspection. A visual inspection of accessible areas of a structure to determine the presence or absence of an active and/or previous infestation of wood destroying organisms within limitations of generally accepted inspection procedures.
(23) Label. The written, printed, or graphic matter on, or attached to the pesticide or device or any of its containers or wrappers.
(24) Labeling. All written, printed, or graphic matter accompanying the pesticide or device at any time, or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Department of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agriculture colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
(25) Main Office. The home office, point of headquarters, or principal operation of a firm from which professional work or services are conducted or records are kept.
(26) Official Alabama Wood Infestation Inspection Report. An inspection performed under Rule 80-10-9-.18 of this regulation and reported on the Official Alabama Wood Infestation Inspection Report form.
(27) Pathological Work. Receiving fees for advice or prescriptions for the control or eradication of any plant disease or for actual spraying or any other methods used for the control or eradication of any plant disease.
(28) Permittee. The person issued a permit to engage in professional work or services at a particular business location covered under the provisions of the chapter.
(29) Person. Any individual, partnership, corporation, association, organization, or other legal entity.
(30) Pest. Any insect, rodent, nematode, fungus, weed, or any form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganisms (except viruses, bacteria, or other microorganisms on or in living man or other living animals).
(31) Pesticide.
(a) Any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or in living man or other animals, and
(b) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
(32) Probing. An inspection technique that involves inserting a probe (knife, awl, ice pick, screwdriver, etc.) into structural components to determine the presence of termite damage or to scrape in narrow crevices to reveal termite shelter tubes. Since the inspector is not the owner of the structure being inspected, no probing is to be done on finished structural material without approval from the property owner or authorized agent.
(33) Qualified Inspector. A person who holds certification as a certified operator or branch supervisor or an employee who works under direct supervision of a certified operator or branch supervisor and has training in wood destroying organisms inspection procedures. Being a qualified inspector does not indicate or include the ability to detect damage beyond what is visible to the human eye.
(34) Real Estate Transaction Inspection. An inspection of an existing structure for determining factors relating to wood destroying organisms which is required as a condition of sale, financing or refinancing of property.
(35) Sounding. An inspection technique that involves tapping of structural components with a solid instrument such as a hammer, mallet, etc., in an effort to determine whether or not the component is solid and sound. Sounding will not divulge the presence of live wood destroying organisms and cannot determine or locate hidden damage.
(36) Structural Pest Control Work. That branch or type of entomological or pest control or eradication work which involves the performance of work or giving advice or prescriptions for compensation for the prevention, control, or eradication of insects, vermin, rodents, other pest animals, fungi, or other wood-destroying organisms in household structures, commercial buildings or other structures by the use of insecticides, rodenticides, repellents, other chemicals, mechanical devices, or structures, or transportation vehicles.
(37) Structure. All parts of a building, whether vacant or occupied and public or private, in all stages of construction and adjacent outside areas.
(38) Supervisor. A person who has met the competency requirements in one or more categories of professional work or services and is qualified to supervise such work including work which shall involve use of pesticides.
(39) Suboffice. A place at an established location other than the main office or branch office having equipment and less than three employees directly engaged in structural pest control work from such location, which location must not be more than 100 road miles from the branch office or main office of the firm. It is not required that any employee of a suboffice be certified by the examining board for the structural pest control work performed from such office.
(40) Supervision. The act or process whereby professional work or services, including such work which shall involve use of pesticides, are made by a competent individual acting under the direction and control of a supervisor who is available when needed. The supervisor need not be physically present at the time and place that professional work or services are performed, including such work which shall involve use of pesticides, unless otherwise prescribed by the label or labeling of the pesticides being used or in other situations as is needed.
(41) Tree Surgery Work. Receiving fees for tree surgery which includes cavity filling or repair, bracing, cabling and wound treatment of shrubs and trees, but such work shall not include pruning, feeding, budding or grafting of trees or shrubs nor wounds made and treated during pruning.
(42) Weed Control Work. Receiving fees for advice or prescription for the control or eradication of any weed or for actual spraying or other methods used for the control and eradication of any plant which grows where not wanted.
(43) Visual Inspection. Applied to an area of the structure that a person can physically see.
(44) Wood-Destroying Organisms. Termites, beetles, other insects, or fungi, which may invade, inhabit, devour, or destroy wood or wood products and other cellulose material in, on, under, or in contact with, and around structures.
(45) Warranty Sales. Means the sale of renewable or nonrenewable warranty coverage or contracts against structural pests, excluding guarantees associated with the issuance of the Official Alabama Wood Infestation Inspection Report, which are not supported by any treatment or control measures. The reissuance of warranties in the purchasing company's name following the purchase of one company by another is not a warranty sale, nor is the reinstatement of warranties on previously treated structures.
History
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
History
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.
(6) Tree Surgery. This category includes persons engaged in cavity filling, or repairing, bracing, cabling, and wound treatments of shrubs and trees. This category includes persons having the knowledge and ability of tree surgery work which includes cavity filling or repairing, bracing, cabling and wound treatment of shrubs and trees.
Author: Reginald L. Sorrells
History
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
History
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
History
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
History
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
History
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
History
(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
History
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
History
(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
History
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
History
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
History
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:
Site on which used,
Common name(s) pest(s) being controlled, and
Date of pesticide application.
(5) Such records shall be available for examination by the commissioner or his authorized agent during reasonable business hours.
Author: Charles H. Barnes
History
Persons holding a permit to engage in Structural Pest Control Work which involves subterranean termite work shall be responsible as follows:
(1) Before any work is begun, the permittee or authorized agent shall be responsible for executing a written contract with the property owner or authorized agent as to the type of work to be performed on structure to be treated. A single contract may cover multiple structures treated.
(2) A duplicate of each contract for subterranean termite work shall be kept in the files of the permittee for a period of one (1) year beyond the expiration date of the contract and made available to the commissioner or authorized agent upon request. By the 10th of each month, the permittee shall complete a report of all subterranean termite work performed during the prior month. Monthly reports shall contain the full names of property owners, complete addresses of structures treated and date of treatment. If no work is performed during any month, a report must be completed indicating that no work was performed. These reports shall be maintained by the permittee in each main or branch office location responsible for the supervision of the work performed. These reports shall be maintained in an accruing/succeeding order by the permittee in a file titled "Termite Reports for the Commissioner" and made available for inspection during normal business hours or furnished to the Commissioner or his authorized agents upon request. Each monthly report shall be maintained by the permittee for a period of three (3) years from the month it was filed.
(3) The executed contract pertaining to said treatment(s) shall be presented and furnished to property owner or authorized agent for acceptance and shall clearly set forth and include the following:
(a) Exact location of structure inspected and to be treated.
(b) Name and address of the property owner or authorized agent if different from (a) above.
(c) Name and address of the permittee.
(d) Signature of the permittee, or authorized agent.
(e) The date the written contract is to be entered into and the period of time covered by the contract. Permittees shall enter into a contract which covers subterranean termite service for at least one (1) year. This requirement shall not preclude the issuance of a renewable contract for periods longer than one (1) year.
(f) For existing structures, the contract shall include a foundation diagram or sketch of the structure(s) inspected and treated. This diagram shall clearly indicate and make full disclosure thereon of any visual evidence of any active or previous infestation of subterranean termites. The evidence of an active or previous infestation of subterranean termites may be synonymous with damage, and such damage and any need of corrective repairs needs to be evaluated by the property owner and/or their qualified building expert to determine the extent of damage and the need for repair.
(g) Time or intervals of reinspection, amount of renewal fee, and the number of years over which renewal fee will remain fixed.
(h) Total price to be charged for treatment service.
(i) Contracts issued for the subterranean termite work as to whether or not contract provides retreatment only and/or repair of damage should subterranean termites reinfest a structure, shall contain at the top of the front page of the contract one of the following statements, in at least one-eight (1/8) inch bold letters and blocked in with a heavy black line:
This contract provides for retreatment of the infested areas of the covered structure(s) but does not provide for the repair of damage caused by subterranean termites; or
This contract provides for retreatment of the infested areas of the covered structure(s) and the repair of damage caused by subterranean termites only within the limits stated in this contract.
For pesticide products allowing a Defined Post Construction Soil Treatment consistent with individual product registered label directions; the contract shall clearly specify "Defined Post Construction Soil Treatment" within the blocked section following the mandatory statement(s) as set forth in Rule 80-10-9-.16(3) i 1 or 2.
Any deviation of a Defined Post Construction Treatment per product label and this Rule, shall be considered Comprehensive Post Construction Treatment and shall meet all requirements of this Rule and Rule 80-10-9-.20.
(j) For a person performing subterranean termite work in multiple states and who is certified and permitted to solicit and engage in subterranean termite work in Alabama, similar statements that are required on subterranean termite contracts in other states may be substituted for those set forth in and 2. of this rule, upon written approval by the Alabama Department of Agriculture and Industries.
(4) Whenever it is impossible or impractical to treat one or more areas of the structure in accordance with the minimum requirements for the control of subterranean termites as set forth in Rule 80-10-9-.20, the Official State of Alabama Waiver Form shall be used. Notation of any deviation from these requirements for subterranean termite treatment as set forth in Rule 80-10-9-.20, shall be explained in the Waiver Form and must be signed by the owner/agent of the structure(s) to be treated prior to treatment. A signed copy of the Waiver Form shall be given to the owner/agent of the structure and shall become a part of the subterranean termite contract. Any subsequent owner/agent of the structure shall be provided a copy of the said Waiver Form for the transfer of any subterranean termite guarantee or contract. Structures where a baiting system has been applied in lieu of a comprehensive post construction soil treatment will be required to meet minimum requirements for control of subterranean termites as set forth in Rule 80-10-9-.20, except for subparagraphs (6), (7), and (8). Structures where a defined post construction soil treatment has been applied in lieu of a comprehensive post construction soil treatment will be required to meet minimum requirements for control of subterranean termites as set forth in Rule 80-10-9-.20, with exception(s) for subparagraphs (6) and (8).
The Waiver Form shall contain all of the information and shall be equivalent to the format listed as Exhibit "B" at the end of Chapter. A copy of this form is available from the Commissioner of Agriculture and Industries for reproduction.
Note: See Exhibit "B" for Rule 80-10-9-.16 at end of Chapter.
(5) The permittee or authorized agent shall issue to the property owner or authorized agent after each annual inspection of the property or properties under contract a signed report of each inspection showing the conditions of the property with respect to the presence or absence of subterranean termites. If permittee or authorized agent is unable to schedule an annual inspection of the property as required by contract and has made a reasonable effort to schedule the annual inspection, the requirement of an annual inspection for the current contract period is relieved. Reasonable effort to schedule the annual inspection shall be either a signed letter from the property owner stating the inability to provide access to the property for the current annual inspection or a letter submitted by the permittee or authorized agent to the property owner that the current annual inspection of property is available upon request by scheduled appointment. All subsequent annual inspections required by contract shall be regularly performed by permittee or authorized agent subject to provisions contained herein. A record of such inspections and documentation relating to reasonable efforts to schedule the annual inspections shall be kept on file by the permittee as long as the contract is in force. Such records shall be subject to inspection by the commissioner or authorized agent during reasonable business hours.
(6) Structures where baiting and/or monitoring systems or devices have been installed, shall be issued a contract. This contract must specify the baiting product used and include a foundation diagram or sketch of structure(s), indicating sites of active and previous infestation and placement (location) of baiting systems. Unless specifically indicated otherwise by product label or labeling, all termite baits, baiting systems and/or monitoring systems shall be monitored within a time period not to exceed ninety (90) days from the last monitoring date.
(7) Warranty sales are prohibited unless exempted in writing by the Commissioner. This does not preclude a company from reinstating an expired warranty or contract on a structure that it has previously treated.
History
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
History
(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
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.
Structures which show evidence of previous treatment will be treated in such manner to adequately control the infestation.
(b) Powder post beetles and wood boring beetle-structures will receive a minimum adequate treatment pursuant to Rule 80-10-9-.22.
(c) Wood decaying fungi--structures will receive a minimum adequate treatment pursuant to Rule 80-10-9-.26.
(d) Dry wood termites--structures will receive a minimum adequate treatment pursuant to Rule 80-10-9-.27.
(2) A copy of the official Alabama wood infestation inspection report. Part A and Part B, shall be kept in the files of the permittee for a period of one (1) year following inspection of the structure and made available to the commissioner or his authorized agent upon request.
(3) A copy of the official Alabama wood infestation inspection report. Part A and Part B, to include scope and limitations of inspection of said report, is attached to and made a part of this rule as *Exhibit "A." A copy of this report is available from the Commissioner of Agriculture and Industries for reproduction.
(4) The official Alabama wood infestation inspection report is evidence of an active or previous infestation of wood destroying organisms that were visible and accessible to a qualified inspector on the date the inspection was performed. The permittee is responsible for the accuracy of the inspection and the report as to evidence of an active or previous infestation of wood destroying organisms on the date of inspection.
History
(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
History
Minimum requirements for subterranean termite control or eradication in addition to treatment specifications of label and labeling:
(1) Access Openings. Provide suitable access opening to partially excavated areas and to any other areas requiring inspection or treatment for presence of subterranean termites.
(2) Sanitation. Remove all cellulose-bearing debris such as scrap wood, form boards, wood chips, paper, stumps, etc., from underneath or immediately adjacent to a building which would interfere with effective treatment and inspections. This excludes shavings or other cellulose material too small to be raked with the tines of an ordinary garden rake or other suitable implements; large stumps or roots that are too sound to be removed shall be trenched, drilled or rodded and treated provided they are six (6) inches or more from wood superstructure.
(3) Clearance. Provide by excavation, sufficient space for application of proper control measures and inspection by a person to all crawl space areas of a building. In any case, minimum clearance between soil and bottom of floor joists shall be twelve (12) inches, such clearance for subsills or supporting girders shall be eight (8) inches. If foundation footings are less than twelve (12) inches below edges of joists, subsills, or supporting girders, a sufficient bank of soil shall be left adjacent to footings for support purposes.
(4) Wood-to-Ground Contacts. Break all wood-to-ground contacts underneath and outside of structure. Wooden steps, support piers, trellises, lattice work and other such wooden parts of building shall be set on a concrete base or other base which is impervious to termites or shall be altered so that they are not in direct ground contact. The top of concrete base or other base shall be not less than four (4) inches above the ground. If because of financial or other consideration, the property owner does not give written consent to the removal of wood-to-ground contacts, wood treatment and soil treatment at the point of contact shall be used. Pressure-treated piling foundations are excepted from this requirement.
(5) Termite Tunnels. Scrape all subterranean termite tunnels from foundation walls, pillars, pilasters, piers, chimney, and step buttresses, and any pipes and other structures below the sill line.
(6) Treatment of Voids. Approved chemical(s) shall be applied to cracks and voids in foundation walls, piers, pillars, chimneys, pilasters, and step buttresses, and any void created by their placement, and other structure(s) or area(s) likely to be penetrated by subterranean termites. Chemical(s) shall be applied under sufficient pressure to treat all cracks and voids therein below level of application. It shall be the responsibility of the permittee to adequately treat these areas. In concrete block construction, drilling will not be required where accessibility to voids is already available through construction.
(7) Treatment of Dirt-filled Area. Treat soil under dirt-filled structures such as porches, carports, driveways, terraces, or other similar structures attached to the building by voiding, rodding, and/or drilling. It shall be the responsibility of the permittee to adequately treat these areas.
(8) Spot Treatment. (when used in reference to subterranean termite treatment, or control work) Spot treatment(s) shall not be used in lieu of Comprehensive or Defined Post Construction Soil Treatment unless structure is currently under contract by permittee performing treatment(s). Spot treatment(s) are intended to protect a specific location, or spot of the structure and is not intended for the purpose of complete structural protection. In the event of less than complete treatments (spot treatments), the contract shall specify spot treatment and shall clearly identify the areas treated.
History
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
History
(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
History
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
History
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
History
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
History
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
History
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
History
(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
History
(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
History
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
History
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
History
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
History
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
History
(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
History
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
History
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
History
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
History
(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
History
(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.
(2) A Compliance Agreement may be cancelled immediately upon receipt of written notice of non-compliance from the Department.
(3) Movement of colonies of honeybees into Alabama from out-of-state sources without a fully executed Compliance Agreement shall be subject to the provisions of § 2-14-15, Code of Ala. 1975.
Authors: Reginald L. Sorrells, Robert J. Russell
History
(1) Every beekeeper, owner or others in possession of any honeybees shall, on or before October 1 of each year, register with the Commissioner of Agriculture and Industries every colony of honeybees, bee yards or apiaries in their possession or under their control, and such registration shall be made upon forms furnished by the commissioner upon which there shall be shown the number and location of colonies of bees with the apiary location or locations together with such other information as may be necessary for the administration of this chapter. Colonies of bees and apiaries acquired after October 1 during any year and not previously registered shall also be registered as required under this section; provided, however, that this requirement shall not apply to any bees or apiaries acquired after March 31, as such bees shall not be registered until the following October 1.
(2) If any honeybees or an apiary previously and currently registered under this section is sold or otherwise transferred from one beekeeper to another beekeeper, such registration thereof may be transferred to the person acquiring such bees or apiary without the payment of the registration fee.
(3) An annual registration or inspection fee shall be paid by the registrant which shall accompany the application for registration, and the amount of such fee shall be based upon and determined by the number of colonies of bees owned by or under the control of the person registering such honeybees in the following amount:
Number of Colonies Registration Fee
1 to 9 colonies $4.00
10 to 24 colonies $8.00
25 to 49 colonies $12.00
50 to 99 colonies $17.00
100 to 249 colonies $25.00
250 to 499 colonies $40.00
500 or more colonies $60.00
(4) Any colonies of honeybees moved from or into Alabama pursuant to the Compliance Agreement under this chapter shall be subject to inspection prior to and/or upon entry into or exit from the State, specifically 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. Expenses associated with inspections shall be reimbursed the Department pursuant to the terms of the Compliance Agreement. Colonies of honeybees found to be infested with American foulbrood, Bacillus larvae, the small hive beetle, Aethina tumida, or any other disease or pest, including the Africanized Honeybee, Apis mellifera scutellata (Ruttner) determined to be a threat to Alabama apiculture shall be immediately removed from the state, unless the state apiarist determines that such movement would result in likely contamination or infestation of Alabama honeybees in which event such colony shall be quarantined or subject to destruction as provided by Alabama law.
Authors: Reginald L. Sorrells, John P. Hagood, Robert J. Russell
History
Violation of these rules shall be treated as provided under Section 2-14-15, Code of Ala. 1975.
Author: Reginald L. Sorrells
History
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
History
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.
History
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
History
The following areas are hereby regulated:
All states and portions thereof infested with the boll weevil.
History
History
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.
History
(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.
(2) Issuance of Certificates
(a) Certificates for movement of regulated articles may be issued by the Commissioner when such articles:
Originated in non-infested premises in the State of Alabama and have not been otherwise exposed to infestation.
Have been treated to destroy infestation in accordance with approved procedures.
Have been grown, manufactured, stored, or handled in such a manner that, in the judgment of the Commissioner they would not transmit infestation, and
Have been found, upon examination by the Commissioner, to be free of any infestation.
(3) Certificates shall be handled as follows:
(a) Certificates, when required shall be securely attached to the outside container in which regulated articles are moved, provided that when the regulated articles are adequately described on the shipping document, the certificate may be attached to the shipping document.
(b) Copies of all certificates shall be furnished by the carrier to the consignee at the final destination.
(4) Any certificate may be cancelled by the Commissioner upon his determination that the holder thereof has failed to comply with any condition for the use of such permit or with any term of the compliance agreement.
S. Shawn Sibley
History
(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.
History
(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.
(2) Any compliance agreement may be cancelled by the Commissioner whenever he finds, after notice to and opportunity for response by the holder, that such holder has failed to comply with any condition of the agreement. Any compliance agreement may be cancelled or voided by the Commissioner when, in his opinion, it is no longer required.
Author: Charles H. Barnes
History
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
History
(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.
History
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.
History
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.
History
(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
History
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.
History
(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.
(2) If there has been a prior registration in the preceding year, then fees not paid by August 31 will be deemed delinquent and handled as provided under Code of Ala. 1975, § 2-9-2.
Author: Charles H. Barnes
History
(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
History
(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
History
(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
History
(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
History
(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
History
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
History
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
History
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)
(2) Class B Noxious Weeds.
(a) Japanese climbing fern (Lygodium japonicum)
(b) Purple loosestrife (Lythrum salicaria)
(c) Skunk vine (Paederia foetida)
(3) Class C Noxious Weeds.
(a) Alligatorweed (Althernanthera philoxeroides)
(b) Balloon vine (Cardiospermum halicacabum)
(c) Brazilian elodea (Egeria densa)
(d) Curlyleaf pondweed (Potamgeton crispus)
(e) Floating waterhyacinth (Eichornia crassipes)
(f) Hairy crabgrass, mulberry weed (Fatoua villosa)
(g) Mary's grass, Japanese grass (Microstegium vimineum)
(h) Parrotfeather, watermilfoil (Myriophyllum aquaticum)
(i) Eurasian watermilfoil (Myriophyllum spicatum)
(j) Star of Bethlehem (Ornithogalum umbellatum)
(k) Torpedo grass (Panicum repens)
(l) Phragmites, common reed (Phragmites australis)
(m) Longstalked phyllanthus (Phyllanthus tenellus)
(n) Chamberbitter, niuri (Phyllanthus urinaria)
(o) Japanese knotweed, Japanese bamboo (Polygonum cuspidatum)
(p) Multiflora rose (Rosa multiflora)
(q) Spinyleaf naiad (Najas minor)
(r) Water-aloe (Stratlotes aloides)
(s) Water-lettuce (Pistia stratiotes)
(t) Water Chestnut (Trapa natans)
Author: Reginald L. Sorrells
History
(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.
(2) Other regulated areas.
(a) The Commissioner may take action as authorized under 2-25-4 and 2-25-5, Code of Ala. 1975 to designate as a regulated area any state or portion of a state in which there is reasonable cause to believe that a noxious weed exists, and there is an immediate need to prevent its introduction, spread or dissemination in Alabama.
(b) The Commissioner may take action as authorized under 2-25-4 and 2-25-5 Code of Ala. 1995 to designate as a regulated area any county or portion thereof of the state of Alabama in which there is reasonable cause to believe that a noxious weed exists, and there is an immediate need to prevent its dissemination within Alabama.
Author: Reginald L. Sorrells
History
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
History
(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
History
(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.
(2) Limited permits may be issued by an inspector for the movement of noncertified regulated articles to specified destinations for limited handling utilization, processing or treatment when the inspector determines no hazard of spread of noxious weeds exists.
(3) Scientific permits may be issued by the Administrator to allow the movement of noxious weeds in any living stage and any regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Administrator.
(4) Fumigation certificates, which insure the pest-free premises of nurseries growing seedlings for aforestation and reforestation purposes, shall be issued by an inspector for intrastate and interstate shipments of conifer and hardwood seedlings. To insure pest-free plant material, the preferred method of treatment is fumigation using methyl bromide in seedling plant beds prior to seedling. Each shipment originating from another state shall be accompanied by a fumigation certificate issued by the state of origin to verify treatments.
(5) As a condition of issuance of certificates or limited 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 comply with such conditions as to the maintenance of identity, handling 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 Administrator.
Author: Reginald L. Sorrells
History
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
History
Any inspector is authorized to stop and inspect, any person or means of conveyance moving within or from the State of Alabama upon probable cause to believe that such means of conveyance or articles are infested with a noxious weed; and, such inspector is authorized to seize, treat, or otherwise dispose of articles found to be moving in violation of these rules.
Author: Reginald L. Sorrells
History
Due to the great variation and diversity of noxious weeds and habitats in which noxious weeds might be detected, the Administrator is authorized to develop and implement control and/or eradication strategies as necessary to protect the State's agricultural, horticultural, aquacultural wildlife, tourism, forestry and recreational industries.
Author: Reginald L. Sorrells
History
Any person violating the provisions herein shall be subject to the penalties imposed under Section 2-25-22, Code of Ala. 1975.
Author: Reginald L. Sorrells
History
The Noxious Weed Regulations of the Code of Federal Regulations (7 CFR 360.200), revised as of January 1, 1999, as they are now written or as the same may hereafter be revised or amended, are hereby expressly adopted by reference thereto as a part of these regulations. Copies of this reference may be obtained from the Administrator.
Author: Reginald L. Sorrells
History
(1) It has been determined that the destructive pest known as the pine shoot beetle, Tomicus piniperda (L.) defined as a plant pest under provisions of Section 2-26-1(1) Code of Ala. 1975, has become established in several states. It is also found and determined that this pest would be extremely injurious to Alabama's horticultural, agricultural, and forestry industries, should it be introduced and become established in the state and that a quarantine against said pest would be in the best interest of horticulture, forestry, and agriculture in Alabama.
(2) Due to the above determination, a quarantine against the above-defined pest is hereby established.
Author: Marise Mims Sandidge
History
For the purposes of this quarantine, the following definitions shall apply:
(1) Commissioner. The commissioner of agriculture and industries or his authorized representatives.
(2) Infestation. The presence of the pine shoot beetle, Tomicus piniperda (L.) in any stage of development or the existence of circumstances which make it reasonable to believe that the pine shoot beetle is present.
(3) Certificate of Quarantine Compliance. A certificate or document issued by a duly authorized official of the state of origin verifying compliance with the provisions of this quarantine. Such certificate shall specify commodity, name and address of shipper, name and address of consignee, place where commodity was grown, pesticidal treatment applied, additional declaration where required, signature of the certifying official and the certification date.
(4) 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 pine shoot beetle.
Author: Marise Mims Sandidge
History
Upon the findings and determinations set out in Rule No. 80-10-15-.01, it is hereby ordered under the provisions of Section 25-5-5, Code of Ala. 1975, that a quarantine be imposed upon the articles and pest set out in this quarantine, subject to the conditions imposed by this quarantine.
Author: Marise Mims Sandidge
History
For the purposes of this quarantine, the following articles are hereby deemed to be regulated:
(1) The pine shoot beetle, Tomicus piniperda (L.) in any living stage of development.
(2) Plants of the genera Ables (fir), Larix (larch), Picea (spruce), and Pinus (pine) whether balled and burlapped, containerized, or cut live for use as Christmas trees.
(3) Logs and lumber of the genera Ables, Larix, Picea and Pinus with bark attached.
(4) Ornamental foliage of the genera Ables, Larix, Picea and Pinus.
(5) Any other article, produce or means of conveyance not covered in 1-4 above, that presents a risk of spread of the pine shoot beetle when the person in possession of such articles has been notified of such risks.
Author: Marise Mims Sandidge
History
(1) States and counties as listed are hereby deemed to be regulated areas due to the confirmed presence of the pine shoot beetle:
Illinois Kane County
Indiana Allen, Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Newton, Noble, Porter, Pulaski, St. Joseph, Starke, Steuben, Wells and Whitley Counties
Michigan Berrien, Cass and Monroe Counties
New York Erie and Niagara Counties
Ohio Ashland, Ashtabula, Cuyahoga, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Summit, Trumbull and Wayne counties
Pennsylvania Crawford, Erie and Lawrence Counties
(2) Any other state and county in the United States wherein the presence of the pine shoot beetle has been confirmed shall be deemed to be regulated.
Author: Marise Mims Sandidge
History
Regulated articles shall not be moved from any regulated area into the State of Alabama unless accompanied by a certificate of quarantine compliance documenting compliance with the following conditions:
(1) Regulated articles moving from counties with confirmed infestations are certifiable as follows:
(a) Regulated articles other than in (B) below may be certified only when such articles have been thoroughly inspected by an official of the appropriate regulatory agency of the state of origin, and found to be free from the pine shoot beetle.
(b) Regulated logs and lumber may be certified only when fumigated with methyl bromide at a rate of 3 lbs/1000 cubic feet for 16 hours at 70°F or above or 5 lbs/1000 cubic feet for 16 hours at 40°-60°F. Such treated articles must be protected from reinfestation.
(2) Regulated articles moving from counties which are not known to be infested are certifiable as follows:
(a) Regulated articles may be moved into Alabama under a properly secured certificate of quarantine compliance containing the following additional declaration. "Regulated articles within this shipment originated in a county surveyed for pine shoot beetle and was found to be apparently free of this pest."
(3) A copy of the certificate of quarantine compliance must accompany each shipment into Alabama, and a copy must be left at each delivery site within Alabama.
A copy of the certificate of quarantine compliance must also be faxed, (205) 240-3103, to Department of Agriculture and Industries, Plant Protection Section, Montgomery, Alabama, within 24 hours of shipment of the regulated articles.
(4) Special permits may be issued by the Commissioner for introduction of the pine shoot beetle, Tomicus piniperda (L.) into Alabama for experimental purposes by appropriate agencies; provided that the Commissioner is satisfied that such movement will not harm or threaten Alabama's agricultural, horticultural or forestry industry.
(5) Regulated articles moved into Alabama in violation of this quarantine may be returned to origin, treated, or confiscated and destroyed at the discretion of the Commissioner. Any costs incurred by the Commissioner shall be paid by the shipper of the regulated articles.
Author: Marise Mims Sandidge
History
Under the provision of Section 2-25-3, Code of Ala. 1975, 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 pine shoot beetle; and the Commissioner is authorized to seize, treat, destroy or otherwise dispose of articles found to be moving in violation of this quarantine.
Author: Marise Mims Sandidge
History
Any person violating the provisions of this quarantine shall be subject to the penalties imposed under Section 2-25-22, Code of Ala. 1975.
Author: Marise Mims Sandidge
History
(Repealed).
Author: Marise Mims Sandidge
History
(Repealed).
Author: Marise Mims Sandidge
History
(Repealed).
Author: Marise Mims Sandidge
History
(Repealed).
Author: Marise Mims Sandidge
History
The purpose of this Chapter as set out in Code of Ala. 1975, § 2-19-135, is for the Commissioner of Agriculture and Industries to adopt the following regulations approved by the Alabama Boll Weevil Eradication Foundation, Inc., to further the collection of assessments and penalties levied against cotton growers for the purpose of the eradication of boll weevils in cotton within the State of Alabama.
Author: Robert J. Russell
History
(1) If the Department determines that an assessment or penalty pursuant to Code of Ala. 1975, §§ 2-19-120, et seq., should be levied against a cotton grower, the Commissioner will so inform the cotton grower of the amount due and request payment of same by issuance of a formal Notice and Demand. This notice will require payment of the assessment or penalty within 30 days. If the cotton grower does not agree with the Department's position, the cotton grower must file in the Department a written challenge within 15 days from the date of the formal Notice and Demand. If the Department conducts a contested case hearing in the matter, a final assessment or final assessment of penalty will be entered in accordance with the decision and order of the Department. If the cotton grower does not appeal to the Department within the designated time permitted, a final assessment or final assessment of penalty will be entered by the Department. Appeals from final assessments or final assessments of penalty by the Department may be made to the appropriate Circuit Court, in accordance with procedures set forth in the Administrative Procedures Act, Code of Ala. 1975, §§ 41-22-1, et seq.
(2) If any person liable to pay any final assessment or final assessment of penalty shall neglect or refuse to pay the same within 30 days from the date of entry of such final assessment or final assessment of penalty, the amount (including any interest or additional penalty, together with any costs that may accrue in additional thereto) shall be a lien in favor of the Commissioner upon all property and rights to property, whether real or personal, tangible or intangible, including but not limited to cotton crops before or after harvesting, belonging to such person. The Department shall give notice of the lien to the cotton grower and to all cotton gins and mills where the grower may gin or sell cotton, and to the Probate Court of the county in which the land subject to the assessment shall lie and to all cotton gins and mills operating in the State of Alabama and in bordering states where cotton crops subject to the assessment are ginned or sold.
(3) Notwithstanding the foregoing, if within 30 days after the date of the notice of lien, the cotton grower may contest the lien in the appropriate Circuit Court upon filing with the Department a bond or bond equivalent permitted by law, in double the amount of the lien filed, with surety or sureties to be either a surety company authorized to do business in Alabama or such individual property owners, not less than three in number, as are recommended by the Judge of Probate in the county in which notice of lien is recorded, conditioned to pay all such assessment or penalty, together with interest, any additional penalty and any costs which may have been incurred relative thereto as may be also assessed against the cotton grower, principal in said bond. Upon the filing of such bond or its equivalent, the Commissioner or his delegate shall withdraw and release said lien filed under the provisions of this regulation. However, upon a determination by the court that the said person owes all or any part of said assessment, judgment therefor shall be entered against said person and the surety or sureties on such bond; and, if not paid within 30 days from the date of the said judgment, then execution shall issue therefor against said principal and the surety or sureties on such bond. If (1) the bond hereinabove provided for is not given by the cotton grower and approved by the Commissioner, and a judgment is entered against said cotton grower, and said cotton grower duly and legally appeals therefrom within the time and in the manner provided for under these regulations, and the clerk or register of the court to which the appeal has been taken duly and legally approves the bond required for an appeal, or if (2) the said cotton grower against whom the Department entered the said assessment shall pay the said assessment within 30 days from the date thereof, then in such event, the Commissioner shall cancel or release said lien from record.
Author: Robert J. Russell
History
Unless another date is specifically fixed by law, the lien imposed by Section 2 of these regulations shall arise at the time the payment of the assessment was due and shall continue until the liability for the amount so assessed is satisfied or becomes unenforceable by reason of lapse of time.
Author: Robert J. Russell
History
Where the assessment imposed by Code of Ala. 1975, §§ 2-19-120, et seq., has been made, such assessment may be collected by levy or by a proceeding in court.
Author: Robert J. Russell
History
(1) Purchasers, holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed by Section 2 of these regulations shall not be valid as against any purchaser, holder of a security interest, mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements of subsection (6) has been filed by the Commissioner or his delegate, and shall not be perfected as against any purchaser, holder of a security interest, mechanic's lienor, or judgment lien creditor until the date such notice is filed.
(2) Protection for certain interest even though notice filed. Even though notice of a lien imposed by Section 2 of these regulations has been filed, such lien shall not be valid:
(a) SECURITIES. With respect to a security (as defined in subsection (5)(d)):
As against a purchaser of such security who at the time of purchase did not have actual notice or knowledge of the existence of such lien; and
As against a holder of a security interest in such security who, at the time such interest came into existence, did not have actual notice or knowledge of the existence of such lien.
(b) MOTOR VEHICLES. With respect to a motor vehicle (as defined in subsection (5)(c)), as against a purchaser of such motor vehicle, if:
At the time of the purchase such purchaser did not have actual notice or knowledge of the existence of such lien; and
Before the purchaser obtains such notice or knowledge, he has acquired possession of such motor vehicle and has not thereafter relinquished possession of such motor vehicle to the seller or his agent.
(c) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect to tangible personal property purchased at retail, as against a purchaser in the ordinary course of the seller's trade or business, unless at the time of such purchase such purchaser intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection of any assessment under this title. The purchase of cotton crops is not tangible personal property purchased at retail.
(d) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect to household goods, personal effects, or other tangible personal property (excluding cotton crops) purchased (not for resale) in a casual sale for less than $250, as against the purchaser, but only if such purchaser does not have actual notice or knowledge (A) of the existence of such lien, or (B) that this sale is one of a series of sales.
(e) PERSONAL PROPERTY SUBJECT TO POSSESSORY LIEN. With respect to tangible personal property subject to a lien securing the reasonable price of the repair or improvement of such property, as against a holder of such a lien, if such holder is, and has been, continuously in possession of such property from the time such lien arose.
(f) REAL PROPERTY TAX. With respect to real property, as against a holder of a lien upon such property, if such lien is entitled to priority over security interests in such property which are prior in time, and such lien secures payment of ad valorem tax.
(g) REAL PROPERTY SUBJECT TO A MECHANIC'S LIEN FOR CERTAIN REPAIRS AND IMPROVEMENTS. With respect to real property subject to a lien for repair or improvement as against a mechanic's lienor but not to exceed $5,000
(h) CERTAIN INSURANCE CONTRACTS. With respect to a life insurance, endowment, or annuity contract, as against the organization which is the insurer under such contract, at any time:
Before such organization had actual notice or knowledge of the existence of such lien; or
After such organization had such notice or knowledge, with respect to advances required to be made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge.
(3) Priority of interest and expenses. If the lien imposed by Section 2 of these regulations is not valid as against a lien or security interest, the priority of such lien or security interest shall extend to:
(a) Any interest or carrying charges upon the obligation secured;
(b) The reasonable charges and expenses of an indenture trustee or agent holding the security interest for the benefit of the holder of the security interest;
(c) The reasonable expenses, including reasonable compensation for attorneys, actually incurred in collecting or enforcing the obligation secured;
(d) The reasonable costs of insuring, preserving, or repairing the property to which the lien or security interest relates;
(e) The reasonable costs of insuring payment of the obligation secured; and
(f) Amounts paid to satisfy any lien on the property to which the lien or security interest relates, but only if the lien so satisfied is entitled to priority over the lien imposed by Section 4 of these regulations, to the extent that any such item has the same priority as the lien or security interest to which it relates.
(4) Place for filing; form.
(a) PLACE FOR FILING. The notice referred to in subsection (1) shall be filed:
(b) REAL PROPERTY. In the case of real property, in the probate office of the county in which the property subject to the lien is situated; and
(c) PERSONAL PROPERTY. In the case of personal property, including, but not limited to cotton crops, whether tangible or intangible, in the office (i) in which a financing statement would be filed to perfect a security interest with respect to such property pursuant to the Alabama Uniform Commercial Code, or (ii) of the Secretary of State, if a financing statement would not be required to be filed to perfect a security interest with respect to such property; provided, however, if the property is a motor vehicle (as defined under subdivision (5)(c) of this section), the assessment lien shall be perfected in the same manner as a security interest is required to be perfected with respect to such motor vehicle.
(d) FORM. The form and content of the notice referred to in subsection (a) shall be prescribed by the Commissioner or his delegate. Such notice shall be valid notwithstanding any other provision of law regarding the form or content of a notice of lien.
(5) Definitions. For purposes of this section, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(a) SECURITY INTEREST. Any interest in property acquired by contract for the purpose of securing payment or performance of an obligation or indemnifying against loss or liability. A security interest exists at any time (A) if, at such time, the property is in existence and the interest has become protected against a subsequent judgment lien arising out of an unsecured obligation, and (B) to the extent that, at such time, the holder has parted with money or money's worth.
(b) MECHANIC'S LIENOR. Any person who has a lien on real property (or on the proceeds of a contract relating to real property) for services, labor, or materials furnished in connection with the construction or improvement of such property. For purposes of the preceding sentence, a person has a lien on the earliest date such lien becomes valid against subsequent purchasers without actual notice, but not before he begins to furnish the services, labor, or materials.
(c) MOTOR VEHICLE. A self-propelled vehicle which is registered for highway use under the laws of any state or foreign country.
(d) SECURITY. Any bond, debenture, note, or certificate or other evidence of indebtedness, issued by a corporation or a government or political subdivision thereof, with interest coupons or in registered form, share of stock, voting trust certificate, or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing; negotiable instrument; or money.
(e) ASSESSMENT LIEN FILING. The filing of notice (referred to in subsection (1)) of the lien imposed by Section 2 of these regulations.
(f) PURCHASER. A person who, for adequate and full consideration in money or money's worth, acquires an interest (other than a lien or security interest) in property which is valid against subsequent purchasers without actual notice. In applying the preceding sentence for purposes of subsection (1) of this section:
A lease of property;
A written executory contract to purchase or lease property;
An option to purchase or lease property or any interest therein; or
An option to renew or extend a lease of property, which is not a lien or security interest shall be treated as an interest in property.
(6) Special rules.
(a) ACTUAL NOTICE OR KNOWLEDGE. For purposes of this article, an organization shall be deemed for purposes of a particular transaction to have actual notice or knowledge of any fact from the time such fact is brought to the attention of the individual conducting such transaction, and in any event for the time such fact would have been brought to such individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routine. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.
(b) SUBROGATION. Where one person is subrogated to the rights of another with respect to a lien or interest, such person shall be subrogated to such rights for purposes of any lien imposed by Section 2 of these regulations.
(c) DISCLOSURE OF AMOUNT OF OUTSTANDING LIEN. If a notice of lien has been filed pursuant to subsection (4), the commissioner or his delegate is authorized to provide by regulations the extent to which, and the conditions under which, information as to the amount of the outstanding obligation secured by the lien may be disclosed.
Author: Robert J. Russell
History
(1) Authority of Commissioner or delegate. -- If any person liable to pay any boll weevil eradication assessment neglects or refuses to pay the same or fails to appeal such assessment within 30 days, it shall be lawful for the Commissioner to collect such assessment (and such further sum as shall be sufficient to cover the expenses of the levy) as herein provided or as otherwise provided by law. The Commissioner may levy upon all property and rights for property, including, but not limited to cotton crops before or after harvesting, belonging to such person or on which there is a lien as provided in this chapter for the payment of such assessment. If the Commissioner or his delegate makes a finding that the collection of such assessment is in jeopardy, notice and demand for immediate payment of such assessment may be made and, upon failure or refusal to pay such assessment, collection thereof by levy shall be lawful without regard to the 30-day period provided in this chapter.
(2) Seizure and sale of property. -- The term "levy" as used in these regulations includes the power of distraint and seizure by any lawful means. Except as otherwise provided in subsection (5) of this section, a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Commissioner may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible, including but not limited to cotton crops before or after harvesting), as prescribed by law. The Department may become the purchaser of any property seized by bidding up to the amount of the assessment and accrued interest plus any costs associated with such sale. The amount of any successful bid by the Department, less costs, shall be credited to the amount owing on the unpaid final assessments. If the Department shall become the purchaser of any property at such sale, then the Department may resell the property by either public auction or public sale under sealed bids.
(3) Successive seizures. -- Whenever any property or right to property upon which levy has been made by virtue of subsection (1) is not sufficient to satisfy the claim of the Commissioner for which levy is made, the Commissioner or his delegate may, thereafter, and as often as may be necessary, proceed to levy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amount due from him, together with all expenses, is fully paid.
(4) Requirement of notice before levy.
(a) IN GENERAL. -- Levy may be made under subsection (1) upon the salary or wages or other property of any person with respect to any unpaid assessment only after the Commissioner has notified such person in writing of his intention to make such levy by means of a formal Notice and Demand as set forth in Section 2 of these Regulations.
(b) THIRTY-DAY REQUIREMENT. -- The notice required under subdivision (a) shall be served in any one of the following methods:
Given in person;
Left at the dwelling or usual place of business of such person; or
Sent by certified or registered mail to such person's last known address; no less than 30 days before the day of the levy.
(c) JEOPARDY. -- Subdivision (a) shall not apply to a levy if the Commissioner has made a finding under the last sentence of subsection (1) that the collection of assessment is in jeopardy.
(5) Continuing levy on salary and wages.
(a) EFFECT OF LEVY. -- The effect of a levy on salary or wages payable to or received by a cotton grower shall be continuous from the date such levy is first made until the liability out of which such levy arose is satisfied; provided, however, that no such levy made shall be more than 25 percent of the total wages or salary due the cotton grower.
(b) RELEASE AND NOTICE OF RELEASE. -- With respect to a levy described in subdivision (a), the Commissioner shall within 10 days release the levy when the liability out of which such levy arose is satisfied and shall promptly notify the person upon whom such levy was made that such levy has been released.
(6) Special rule for levies on banks. -- Any financial institution (as defined in Code of Ala. 1975, § 40-16-1) shall be allowed 21 days following the date of service to comply with a levy served by or on behalf of the Department.
Author: Robert J. Russell
History
(1) Requirement. -- Except as otherwise provided in subsection (2), any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Commissioner or his delegate, surrender such property or rights (or discharge such obligation) to the Commissioner or his delegate, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process.
(2) Enforcement of levy.
(a) EXTENT OF PERSONAL LIABILITY. -- Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Commissioner, shall be liable in his own person and estate to the Commissioner in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of the assessment for the collection of which such levy has been made, together with costs and interest on such sum at an annual rate established by law from the date of such levy (or, in the case of a levy described in subsection (5) of Section 6 of these regulations, from the date such person would otherwise have been obligated to pay over such amounts to the cotton grower). Any amount (other than costs and the 10 percent penalty provided in subdivision (6) below) recovered under this subdivision shall be credited against the assessment amount for the collection of which such levy was made.
(b) PENALTY FOR VIOLATION. -- In addition to the personal liability imposed by subdivision (a), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 10 percent of the amount recoverable from the property under his control. No part of such penalty shall be credited against the assessment amount for the collection of which such levy was made.
(3) Effect of honoring levy. -- Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Commissioner or his delegate, surrenders such property or rights to property (or discharges such obligation) to the Commissioner or his delegate, or who pays a liability under subdivision (2)(a), shall be discharged from any obligation or liability to the delinquent cotton grower with respect to such property or rights to property arising from such surrender or payment.
(4) "Person" defined. -- The term "person" as used in subsection (1) includes an officer of a corporation or a member of a partnership, who as such officer or member is under a duty to surrender the property or rights to property, or to discharge the obligation.
Author: Robert J. Russell
History
If a levy has been made on any property, or right to property, any person having custody or control of any books or records containing evidence or statements relating to the property or rights to property subject to levy, shall, upon demand of the Commissioner or his delegate, exhibit such books or records to the Commissioner or his delegate.
Author: Robert J. Russell
History
(1) Notice of seizure. -- As soon as practicable after seizure of property, notice in writing shall be given by the Commissioner or his delegate to the owner of the property (or, in the case of personal property, the possessor thereof), or shall be left at his usual place of abode or business. If the owner cannot be readily located, or has no dwelling or place of business within the State, the notice may be mailed to his last known address. Such notice shall specify the sum demanded and shall contain, in the case of real property, a description with reasonable certainty of the property seized.
(2) Notice of sale. -- The Commissioner or his delegate shall, as soon as practicable after the seizure of the property give notice to the owner, in the manner prescribed in subsection (1), and shall cause a notification to be published in some newspaper published or generally circulated within the county wherein such seizure is made, or if there be no newspaper published or generally circulated in such county, shall post such notice at the post office nearest the place where the seizure is made, and in not less than two other public places. Such notice shall specify the property to be sold, including both a legal description and a readily understandable layman's description, and the time, place, manner, and conditions of the sale thereof.
(3) Sale of indivisible property. -- If any property liable to levy is not divisible, so as to enable the Commissioner or his delegate by sale of a part thereof to raise the whole amount of the assessment and expenses, the whole of such property shall be sold. Such indivisible property shall include only property in which the cotton grower has at least 50 percent interest.
(4) Time and place of sale. -- All sales shall be held between the hours of 9:00 A.M. and 5:00 P.M. In sale of personal property, the notice and advertisement of sale must be published at least 14 days prior to sale, but only one publication shall be necessary. In sales of real property, the publication in the newspaper must be once a week for three successive weeks prior to the sale.
(5) Manner and conditions of sale.
(a) MINIMUM PRICE. -- Before the sale the Commissioner or his delegate may determine a minimum price for which the property shall be sold, and if such minimum price is determined, and if no person offers for such property at the sale the amount of the minimum price, the property shall be declared to be purchased at such price for the Commissioner; otherwise the property shall be declared to be sold to the highest bidder.
(b) ADDITIONAL RULES APPLICABLE TO SALE. -- The Commissioner or his delegate shall by regulations prescribe the manner and other conditions of the sale of property seized by levy. If one or more alternative methods or conditions are permitted by regulations, the commissioner or his delegate shall select the alternatives applicable to the sale. Such regulations shall provide:
(i) By public auction; or
(ii) By public sale under sealed bids.
(iii) In the case of the seizure of several items of property, whether such items shall be offered separately, in groups, or in the aggregate; and whether such property shall be offered both separately (or in groups) and in the aggregate, and sold under whichever method produces the highest aggregate amount.
(iv) Whether the announcement of the minimum price determined by the commissioner or his delegate may be delayed until the receipt of the highest bid.
(v) Whether payment in full shall be required at the time of acceptance of a bid, or whether a part of such payment may be deferred for such period (not to exceed one month) as may be determined by the Commissioner or his delegate to be appropriate.
(vi) The extent to which methods (including advertising) in addition to those prescribed in subsection (2) may be used in giving notice of the sale.
(vii) Under what circumstances the Commissioner or his delegate may adjourn the sale from time to time (but such adjournments shall not be for a period to exceed in all one month).
(c) PAYMENT OF AMOUNT BID. -- If payment in full is required at the time of acceptance of a bid and is not then and there paid, the Commissioner or his delegate shall forthwith proceed to again sell the property in the manner provided in this subsection. If the conditions of the sale permit part of the payment to be deferred, and if such part is not paid within the prescribed period, suit may be instituted against the purchaser for the purchase price or such part thereof as has not been paid, together with interest at the rate applicable to liabilities due the Department from the date of the sale; or, in the discretion of the Commissioner or his delegate, the sale may be declared to be null and void for failure to make full payment of the purchase price and the property may again be advertised and sold as provided in subsections (2) and (3) of this section. In the event of such readvertisement and sale any new purchaser shall receive such property or rights to property free and clear of any claim or right of the former defaulting purchaser, of any nature whatsoever, and the amount paid upon the bid price by such defaulting purchaser shall be forfeited.
Author: Robert J. Russell
History
(1) If the Commissioner or his delegate determines that cotton or any other property seized is liable to perish or become greatly reduced in price or value by keeping, or that such property cannot be kept without great expense, he shall appraise the value of such property and:
(a) Return to owner. -- If the owner of the property can be readily found, the Commissioner or his delegate shall give him notice of such determination of the appraised value of the property. The property shall be returned to the owner if, within such time as may be specified in the notice, the owner:
Pays to the commissioner or his delegate an amount equal to the appraised value; or
(b) Immediate sale. -- If the owner does not pay such amount or furnish such bond in accordance with this section, the commissioner or his delegate may as soon as practicable make public sale of the property in accordance with such regulations or in such manner as may be prescribed by the commissioner or his delegate.
Author: Robert J. Russell
History
(1) Before sale. -- Any person whose property has been levied upon hereunder shall have the right to pay the amount due, together with the expenses of the proceeding, if any, to the commissioner or his delegate at any time prior to the sale thereof, and upon such payment the commissioner or his delegate shall restore such property to him, and all further proceedings in connection with the levy on such property shall cease from the time of such payment.
(2) Redemption of real estate after sale.
(a) PERIOD. -- The owners of any real property sold as provided in Section 9 of these regulations, their heirs, executors, or administrators, or any person having any interest therein, or a lien thereon, or any person in their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within one year after the sale thereof. Real property purchased by the Commissioner at said sale may be redeemed from the Commissioner at any time within one year after the sale thereof.
(b) PRICE. -- Such property or tract of property shall be permitted to be redeemed upon payment to the purchaser, or in case he cannot be found in the county in which the property to be redeemed is situated, then to the Commissioner or his delegate, for the use of the purchaser, his heirs, or assigns, the amount paid by such purchaser and interest thereon at the current rate of interest per annum as last published and charged on delinquent taxes by the Internal Revenue Service. Where the Commissioner was purchaser, the assessment amount must be paid in full in addition to the costs, penalties and interest in order to redeem.
(3) Record. -- When any lands sold are redeemed as provided in this section, the Commissioner or his delegate shall cause entry of the fact to be made upon the record mentioned in Section 14 of these regulations, and such entry shall be evidence of such redemption.
(4) Redemption of personal property. -- There may be no redemption of personal property.
Author: Robert J. Russell
History
(1) Certificate of sale. -- In the case of personal property sold as provided in Section 9 of these regulations, the Commissioner or his delegate shall give to the purchaser a certificate of sale upon payment in full of the purchase price.
(2) Deed to real property. -- In the case of any real property sold as provided in Section 9 of these regulations and not redeemed in the manner and within the time provided in Section 11 of these regulations, the Commissioner or his delegate shall execute to the purchaser of such real property at such sale, upon his surrender of the certificate of sale, a deed of the real property so purchased by him, reciting the facts set forth in the certificate.
(3) Real property purchased by State of Alabama. -- If real property is declared purchased by the State of Alabama at a sale pursuant to Section 9 of these regulations, the Commissioner or his delegate shall at the proper time execute a deed therefor, and without delay cause such deed to be duly recorded in the probate office of the county in which the property is located.
Author: Robert J. Russell
History
The Legal Effect of a Certificate of Sale of personal property and a deed of real property under these regulations shall have the same effect as a tax lien under Code of Ala. 1975, § 40-29-30.
Author: Robert J. Russell
History
The Commissioner or his delegate shall keep a record of all sales of real property sold under Section 9 of these regulations and of redemptions of such property. The record shall set forth the assessment for which the sale was made, the dates of seizure and sale, the amount of the expenses, the name of purchaser and the date of the deed. A deed to the Commissioner by virtue of its purchase at the sale shall be promptly recorded in the probate office of the county or counties where the property is located.
Author: Robert J. Russell
History
The Commissioner or his delegate shall determine the expenses to be allowed in all cases of levy and sale, which expenses shall be actual expenses directly related to the sale. The fee for a professional auctioneer that may be employed at the discretion of the commissioner or his delegate shall be considered an expense of the levy and sale. The fee for an attorney that may be employed at the discretion of the commissioner or his delegate also shall be considered an expense of the levy and sale. The overhead cost directly allocable to work relating to the levy and sale performed by an attorney regularly employed with the Commissioner shall be considered an expense of the levy and sale.
Author: Robert J. Russell
History
(1) Collection of liability. -- Any money realized by proceedings under this article (whether by seizure, by surrender under Section 7 of these regulations, except pursuant to subsection (2)(b) thereof, or by sale of seized property) or by sale of property redeemed by the Commissioner (if the interest of the Commissioner in such property was a lien arising under the provisions of Code of Ala. 1975, §§ 2-19-120, et seq.) shall be applied as follows:
(a) EXPENSE OF LEVY AND SALE. -- First, against the expenses of the proceedings;
(b) SPECIFIC ASSESSMENT AMOUNT ON SEIZED PROPERTY. -- If the property seized and sold is subject to an assessment imposed under Code of Ala. 1975, §§ 2-19-120 et seq., which has not been paid, the amount remaining after applying subdivision (a) shall then be applied against such assessment amount, including any penalty and interest;
(c) LIABILITY OF DELINQUENT COTTON GROWER. -- The amount, if any, remaining after applying subdivisions (a) and (b) shall then be applied against the liability in respect of which the levy was made or the sale was conducted.
(2) Surplus proceeds. -- Any surplus proceeds remaining after the application of subsection (1) shall be refunded by the Commissioner or his delegate to the person or persons legally entitled thereto.
Author: Robert J. Russell
History
(1) Release of levy. -- It shall be lawful for the Commissioner or his delegate to release the levy, and any liens, upon all or part of the property or rights to property levied upon, where the Commissioner or his delegate, within their discretion, determines that such action will facilitate the collection of the liability or for other good reason that the levy should be released, but such release shall not operate to prevent any subsequent levy.
(2) Return of property. -- If the Commissioner determines that property has been wrongfully levied upon, it shall be lawful for the commissioner to return:
(a) The specific property levied upon;
(b) An amount of money equal to the amount of money levied upon; or
(c) An amount of money equal to the fair market value of the property levied upon and the reasonable cost of a judicial determination of the existence of a wrongful levy.
(d) Interest. -- Interest shall be allowed and paid at an annual rate established by law:
In a case described in subsection (2)(b), from the date the Commissioner receives the money to a date (to be determined by the Commissioner) preceding the date of return by not more than 30 days; or
In a case described in subsection (2)(c), from the date of the sale of the property to a date (to be determined by the Commissioner) preceding the date of return by not more than 30 days.
Author: Robert J. Russell
History
The Commissioner may designate a delegate, to engage in collection activities consistent with these regulations on the Commissioner's behalf. If the delegate is not an employee of the Department of Agriculture and Industries, said delegate whether or not an independent contractor or specially designated Deputy Attorney General, shall be an attorney licensed to practice in the State of Alabama. The delegate's collection fees and expenses shall be considered an expense of the levy and sale.
Author: Robert J. Russell
History
The Commissioner or his delegate may not agree to accept less than the assessment lien amount unless there exists a substantial risk that failing to accept a lesser amount would prevent collection of any amount pertaining to the lien. Provided, however, that the Commissioner or his delegate shall not compromise said lien without first receiving approval by the Board of Directors of the Alabama Boll Weevil Eradication Foundation.
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(Repealed).
Author: Robert J. Russell
History
(1) It has been determined that the destructive disease known as citrus greening disease (CG), also known as Huanglongbing disease of citrus, caused by the bacterial pathogen "Candidatus liberibacter asiaticus", defined as an injurious disease under the provisions of Code of Ala. 1975, § 2-25-1(1). It is also found and determined that quarantine against said disease would be in the best interest of horticulture and agriculture in Alabama.
(2) It has also been determined that the destructive insect, Asian Citrus Psyllid (ACP), Diaphorina citri Kuwayama, defined as an insect pest under the provisions of Code of Ala. 1975, § 2-25-1(1), has been found in the state of Alabama. It is also found and determined that quarantine against said insect pest would be in the best interest of horticulture and agriculture in Alabama.
(3) It is also determined that other Citrus diseases and pests are detrimental to the Citrus industry in Alabama. These include viruses, viroids, and diseases listed in the following Chart 1 and Citrus pests listed in the following Chart 2. It is also found and determined that quarantine against such viruses, diseases and pests would be in the best interest of Horticulture and Agriculture in Alabama.
(4) The purpose of this rule is to establish quarantine against the Asian Citrus Psyllid and Citrus pests and diseases listed in Chart 1 and Chart 2 for the protection of the citrus industry of Alabama.
Citrus Disease Chart 1
| Common Name | Causal Organism | | --- | --- | | Citrus Black Spot | Fungus ( Guignardia citricapra ) | | Citrus Blight | Unknown | | Citrus Canker | Bacterium ( Xanthomonas axonopodis pv.citri ) | | Citrus Greening (also called Huanglongbing, HLB, or Yellow Dragon Disease) | Bacterium ( Candidatus Liberibacter africanus , or Candidatus Liberibacter americanus , or Candidatus Liberibacter asiaticus ) | | Citrus Leprosis | Citrus Leprosis Virus (CiLV) | | Citrus Psorosis (Scaly Bark) | Citrus Psorosis Virus (CPsV) (genus Ophiovirus ) | | Citrus Scab | Fungus ( Elsinoe fawcetti ) | | Citrus Tristeza | Citrus Tristeza Virus (CTV)(genus Closterovirus) | | Citrus Variegated Chlorosis (CVC) | Bacterium ( Xylella fastidiosa ) | | Stubborn Disease of Citrus | Mycoplasmalike pathogen ( Spiroplasma citri ) | | Sweet Orange Scab | Fungus ( Elsinoe australis ) | | Exocortis | Exocortis viroid | | Hop stunt virioid (HSVd) | Cachexia/Xyloporosis |
Citrus Pest Chart 2
| Common Name | Scientific Name | | --- | --- | | African Psylid | Trioza erytreae | | Asian grey weevil | Myllocerus undatus | | Avocado whitefly | Trialeurodes floridensis | | Black citrus aphid | Toxoptera aurantii | | Black citrus aphid | Toxoptera citricidus | | Branch and twig borer | Melalgus confertus | | Brown citrus aphid | Toxoptera citricida | | Caribbean black scale | Saissetia neglecta | | Citrus bud mite | Eriophyes sheldoni | | Citrus grey mite | Calacarus citrifolii | | Citrus root weevil | Pachnaeus litus | | Citrus snow scale | Unaspis citri | | Citrus thrips | Scirtothrips citri | | Diaprepes root weevil | Diaprepes abbreviatus | | False codling moth | Thaumatotibia leucotreta | | Inconspicuous whitefly | Bemesia inconspicua | | Orange spiny whitefly | Aleurocanthus spiniferous | | Plumeria whitefly | Paraleurodes perseae | | Rufous scale | Selenaspidus articulatus | | Six-spotted mite | Eotetranychus sexmaculatus | | Yuma spider mite | Eotetranychus yumensis |
History
For the purposes of this quarantine, the following definitions shall apply:
(1) Infestation. The presence of the Asian Citrus Psyllid and Citrus diseases listed in Chart 1 and Citrus pests listed in Chart 2 in any stage of development, or the existence of circumstances which make it reasonable to believe that they are present.
(2) Regulated Area. Any county, parish, township, or 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 that may become infested or deemed to present a hazard to the citrus industry of Alabama.
(3) 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 certificates 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.
(4) Compliance Agreement. An agreement between a person and/or business and the Alabama Department of Agriculture and Industries stating the stipulations for the treatment of regulated articles in accordance with the Alabama ACP and Citrus Disease Quarantine.
(5) Citrus Disease. Any pathogen or causal agent affecting in the citrus plant or plant parts to the detriment of the Citrus Industry.
(6) Regulated Articles. Regulated articles refer to any Citrus and other Rutaceous plants that are host of Citrus insects, mites, and diseases detrimental to the Alabama citrus industry.
(7) Originating within Alabama. A tree or plant propagated and grown within the state of Alabama.
History
Upon the findings and determinations set out in Rule 80-10-19-.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 in Rule 80-10-19-.04 and diseases and pests set out in this quarantine, subject to the conditions imposed by this quarantine.
History
(1) Host of Citrus Diseases: All plant and plant parts, including but not limited to nursery stock, cuttings, budwood, and propagative seed (but excluding fruit), of any Citrus species and Rutaceous plant that may be found to be a host of diseases in Chart 1.
(2) Host of Citrus Pests: All plant and plant parts, including but not limited to nursery stock, cuttings, budwood, and propagative seed (but excluding fruit),of any Citrus species and Rutaceous plant that may be found to be a host of pests in Chart 2.
(3) Any plant, plant part, rootstock, cuttings, budwood, seed, or fruit that may be found to be infested or contain a pathogen that would present a disease risk or be harmful to the Alabama citrus industry.
(4) Any other products, materials, articles, or means or conveyance, if an inspector determines that it presents a risk or spreading ACP and other Citrus diseases and pests listed in Chart 1 and Chart 2, and after the inspector provides written notification to the person in possession of the products, materials, articles, or means of conveyance that it is subject to the restrictions of the regulations.
History
Out-of-state regulated areas are as follows:
(a) All areas outside of Alabama are regulated areas.
(2) All other pest and diseases listed in Chart number 1 and Chart number 2 of this document: All States and territories.
History
Alabama regulated areas are as follows: The entire State is regulated for ACP. If CG is found within the state, a regulated area for this disease will be established with assistance of USDA APHIS.
(1) Any other portions of Alabama not listed above, hereinafter found to have CG and/or ACP infestations shall at this time be designated a regulated area.
History
(1) Regulated articles originating from areas outside of Alabama which are quarantined for ACP, CBS, Citrus Greening, Citrus Canker, or SOS must be moved in accordance with APHIS requirements. The movement of such articles into Alabama in a manner that is not in accordance with Federal requirements is prohibited.
(2) Citrus nursery stock, other than that permitted to move into other citrus producing states, is prohibited from movement into Alabama whether from quarantined or non-quarantined areas from out of state.
(3) Regulated articles cited in 80-10-19-04 originating from areas outside of Alabama which are not quarantined for ACP, CBS, Citrus Greening, Citrus Canker, or SOS must be accompanied by a certificate from the originating state citing freedom from all the diseases and pests listed in Chart number 1 (one) and Chart 2 (two). The protocols for certification shall be as follows:
(a) The citrus nursery stock, scions, or budwood being transported into Alabama must have been inspected and found free of all Citrus diseases and pests listed in Chart 1 (one) and Chart 2 (two) within 30 days of shipment.
(b) The nursery stock, scions or budwood is from parent stock which has been indexed and found free of Citrus viruses and viroids listed in Chart 1 (one) within 12 months of shipment of such regulated articles.
(c) A copy of the test results of such testing and inspections, when required, must be provided/mailed to the Plant Pest Administrator of the Alabama Department of Agriculture and Industries.
(4) Additional Conditions for Regulated Article Movement:
(a) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in the PPQ protocol document "Interstate Movement of Citrus and Rutaceous Plants For Planting From Areas Quarantined For Citrus Canker, Citrus Greening, or Asian Citrus Psyllid."
The protocol document is available on the internet at: http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/do wnloads/chrp.pdf
In regard to the above federal regulations, citrus nursery stock other than that permitted to move into other citrus producing states, is prohibited from movement into Alabama whether from quarantined or non-quarantined areas from out of state.
When all requirements and protocols stated in the above document are met and verified then nursery stock is free to move into Alabama.
(5) Before any regulated article may be moved into Alabama, advance notice must be given in writing, to the Alabama Department of Agriculture and Industries, Plant Protection Section. Notice must include the following:
(a) Origin of shipment
(b) Date of shipment
(c) Contents of shipment
(d) Destination of shipment
(6) All regulated articles that have been treated as provided above must be inspected by the person engaged in growing or handling the regulated articles or by his trained designee and found free of ACP within 72 hours prior to shipping. Inspection of curry leaves treated with methyl bromide fumigation will not be required since the treatment is considered to be effective in killing all life stages of ACP that might be present.
(7) Any person engaged in the business of growing or handling regulated articles in a regulated area must enter into a compliance agreement with the department of agriculture of the state in which they originate. Regulated articles cited in 80-10-19-.04 must be accompanied by a Certificate of Quarantine Compliance stating that such articles are in compliance with the Federal Domestic Quarantine Order for CG and ACP and the Alabama Citrus Quarantine for ACP and CG.
History
(1) Regulated articles must be treated using products approved by the United States Environmental Protection Agency (EPA) and the department for use in nurseries. Persons applying treatments must follow the product label, its applicable directions, restrictions and precautions, including statements pertaining to Worker Protection Standards.
(2) All regulated articles not intended for human or animal consumption must be treated with a drench containing imidacloprid as the active ingredient within 30 days prior to shipping and also be treated with foliar spray with a product containing either acetamiprid, chlorpyrifos, or fenpropathrin as the active ingredient within 10 days prior to product being shipped. Additional active ingredients may be approved upon consultation with the United States Department of Agriculture (USDA).
(3) In the case of regulated articles intended for consumption, such as fresh curry leaves (Bergera (=Murraya) koenigii), (instead of the treatments specified in paragraph (2) of this paragraph), or for decorative purposes such as mock orange (Murraya panculata) leaves that are incorporated into leis or floral arrangements, the leaves must be treated prior to the movement in accordance with the Animal and Plant Health Inspection Service's (APHIS) treatment schedule TT101-n-2 (methyl bromide fumigation treatment for external feeding insects on fresh herbs) at the times and rates specified in the treatment manual and must be safeguarded until movement. As an alternative to methyl bromide fumigation, regulated materials originating from an area not quarantined for CG may be irradiated in accordance with 7 CFR 305.
(4) All regulated articles that have been treated as provided above must be inspected by the person engaged in growing or handling the regulated materials or by his trained designee and found free of ACP within 72 hours prior to shipping. Inspection of curry leaves treated with methyl bromide fumigation will not be required since the treatment is considered to be effective in killing all life stages of ACP that might be present.
(5) Any person engaged in the business of growing or handling regulated articles in the quarantine area outlined in 80-10-19-.06 must enter into a compliance agreement with the Alabama Department of Agriculture and Industries if the regulated materials are to be moved.
History
History
Under the Provisions of Code of Ala. 1975, 2-25-3, the commissioner may, after first being properly identified, 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 any harmful citrus pest or disease, and he is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of these rules.
History
Any person violating any provisions of this quarantine shall be subject to the penalties imposed under the provisions of Code of Ala. 1975, § 2-25-22.
History
The commissioner of Agriculture and Industries may, in his discretion, waive any duty, requirement, or any other provision of this quarantine for any time period necessary, if he determines that said waiver would be in the best interests of agriculture, the citrus industry and the citizens of Alabama.
History
(1) It has been determined that the destructive insect pest known as the Emerald Ash Borer (Agrilus planipennis) , an exotic invasive plant pest that is established in several other states, has been found in Alabama. This insect can be highly destructive to Alabama's ash trees (Fraxinus species) and ash nursery stock. Therefore, it is in the best interest of Alabama's citizens, agriculture, and silviculture that this quarantine be established to limit the pest's human-assisted spread within the state.
(2) Due to the above determination, a quarantine against the above defined pest is hereby established.
History
For the purpose of this quarantine and regulations, the following shall be construed respectively to mean:
(1) Ash. The genus Fraxinus.
(2) Commissioner. The Commissioner of the Department of Agriculture and Industries of the State of Alabama, or his authorized representatives.
(3) Compliance Agreement. A written agreement between a person engaged in growing, harvesting, dealing in, or moving regulated articles and the Alabama Department of Agriculture and Industries, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the Emerald Ash Borer.
(4) Exemptions. Conditions described herein which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
(5) Infestations. The presence of the Emerald Ash Borer or the existence of circumstances that make it reasonable to believe that the Emerald Ash Borer is present.
(6) Permit. A document issued by the commissioner to allow the movement of noncertified regulated articles to a specified destination for particular handling, utilization, or processing, or for treatment.
(7) Person. Any individual, firm, partnership, corporation, association or other legal entity or organization.
(8) Moved, Movement, Move. Shipped, hauled, transported, deposited for transmission in the mail, offered for shipment, received for transportation, carried, otherwise transported or moved, or allowed to be moved, by any means whatsoever, by any person, directly or indirectly.
(9) Pest. The insect known as the Emerald Ash Borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development (egg, larva, pupa, adult).
(10) 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 Emerald Ash Borer.
History
The following pest and articles shall be regulated by this quarantine.
(1) The insect known as the Emerald Ash Borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development (egg, larva, pupa, adult);
(2) firewood of all hardwood (non-coniferous) species;
(3) ash nursery stock;
(4) non-heat treated (green) ash lumber;
(5) other living, dead, cut, or fallen, material of the genus Fraxinus, including logs, stumps, roots, branches, and composted and uncomposted chips that have not been ground to a small enough size to destroy Emerald Ash Borer in any life stage, as required by USDA APHIS;
Any other products, articles, or means of conveyance of any character whatsoever, when it is determined by the commissioner that they present a risk of spreading Emerald Ash Borer and the person in possession thereof has been so notified.
History
(1) The following Counties are designated as regulated areas:
(a) Calhoun County,
(b) Cherokee County,
(c) Cleburne County
(2) Any other county where the Emerald Ash Borer is found to be present by the Commissioner, or counties determined by the Commissioner to be at high risk for the presence of Emerald Ash Borer. Such counties will be conspicuously posted on the Department of Agriculture's website at: www.agi.alabama.gov
History
(1) Regulated articles may be moved from a regulated area only:
(a) if moved with a permit that is attached as required by the Commissioner; and
(b) if the regulated articles originate in an area of Alabama identified by USDA APHIS as having a "no fly" period for Emerald Ash Borer, and only during the "no fly" period of November 1 through March 1. Counties outside of this "no fly" zone do not have a period when regulated articles can be moved from a regulated area to a non-regulated area.
(2) Without a permit if:
(a) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or
(b) The regulated article originates outside the regulated area and is moved through the regulated area under the following conditions:
The points of origin and destination are indicated on a waybill accompanying the regulated article; and
The regulated article is moved in an enclosed vehicle or is completely covered to prevent access by Emerald Ash Borer, or
The regulated article is moved directly through the regulated area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by the Commissioner as not posing a risk of infestation by Emerald Ash Borer; and
The article has not been combined or commingled with other articles so as to lose its individual identity.
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When permits are required, they shall be securely attached to the shipping document that adequately describes the regulated articles being moved.
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Permits may be issued by the commissioner to allow the movement of regulated articles to locations outside the regulated areas for particular handling, utilization, processing, or for treatment in accordance with approved procedures, provided the commissioner has determined that such movement will not result in the spread of the Emerald Ash Borer.
Permits will remain valid as long as the permit holder maintains a compliance agreement as described in rule 80-10-20-.12.
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There are no restrictions imposed on the movement of regulated articles solely within regulated areas.
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In all cases, permits shall be furnished by the carrier to the consignee at the destination of the shipment.
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The commissioner, in his discretion, may waive the requirements for movement of regulated articles for experimental or scientific purposes in accordance with specified conditions.
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(1) As a condition of issuance of permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles shall be required to sign a compliance agreement stip ulating 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.
(2) Any compliance agreement may be canceled orally or in writing by the Commissioner whenever he d etermines that the person who has entered the compliance agreement has failed to comply with this quarantine. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision in writing to the Commissioner within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Commissioner to consider in deciding the appeal. As soon as practicable, the Commissioner will grant or deny the appeal in writing, stating the reason for the decision.
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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 Emerald Ash Borer or contain regulated articles; and to seize, treat, destroy, or otherwise dispose of, or require the disposal of pest and regulated articles found to be moving in violation of this quarantine.
All costs for treatment, destruction, or disposal of regulated articles and pest shall be borne by the person in possession of the regulated article.
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Any person violating the provisions of this chapter shall be subject to the criminal penalties imposed under the provisions of Code of Ala. 1975, § 2-25-22 and the injunctive provisions of Code of Ala. 1975, § 2-25-19.1.
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To authorize the Alabama Department of Agriculture & Industries to administer an industrial hemp program and to authorize the production of industrial hemp to be used for the manufacture of industrial hemp products.
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(1) "Acceptable hemp THC Level" means, for the purpose of compliance with the requirements of a State hemp plan under the USDA rules, when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less. This definition of "acceptable hemp THC level" affects neither the statutory definition of hemp, 7 U.S.C. §16390(1), in the 2018 Farm Bill nor the definition of "marijuana,"21 U.S.C. § 802(16), in the CSA.
(2) "Applicant" means a person, or a person who is authorized to sign for a business entity or University, and who submits an application to participate in the industrial hemp program.
(3) "Cannabis": A genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.
(4) "CBD" means cannabidiol.
(5) "Certified seed" means seed for which a certificate or any other instrument has been issued by an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified.
(6) "Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned or expunged. For purposes of this definition, a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this definition.
(7) "Commissioner" means the Commissioner of the Alabama Department of Agriculture and Industries and any employee of the Department of Agriculture and Industries associated with the Alabama Hemp regulatory program.
(8) "Corrective Action Plan" means a plan established by the Department for a licensed grower to correct a negligent violation or non-compliance with a hemp statute or administrative regulation.
(9) "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, recklessly or with criminal negligence.
(10) "DEA" means the United States Drug Enforcement Administration.
(11) "Decarboxylated" means the completion of the chemical reaction that converts THC-acid into total delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid.
(12) "delta-9-THC" means total delta-9-tetrahydrocannabinol concentration (the primary intoxicating or psychoactive component of cannabis).
(13) "Department" means the Alabama Department of Agriculture and Industries.
(14) "Dry weight basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. It is a basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of total THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.
(15) "Entity" means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization.
(16) "Farm Service Agency or FSA" means an agency of the United States Department of Agriculture.
(17) "Grower licensing agreement" means a document executed by a person and the department authorizing the person to possess, grow, produce, handle, and store hemp at one (1) or more specified locations in the State under the terms established in this administrative regulation.
(18) "GPS" or Global Positioning System means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.
(19) "Handle or Handling" means taking ownership, possessing or storing hemp for any period of time on licensed premises owned, operated, or controlled by a person licensed to cultivate or process hemp. Handling also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process hemp to the premises of another licensed person.
(20) "Hemp" or "industrial hemp" is the plant Cannabis sativa L and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial Hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (14) of Section 20-2-2 of the Code of Ala. 1975.
(21) "Hemp product" or "industrial hemp product" is products derived from, or made by, processing industrial hemp plants or plant parts.
(22) "Key participants" means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a business entity or corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer and chief financial officer or similar position of managerial control. This definition does not include nonexecutive managers such as farm, field, or shift managers.
(23) "Law enforcement agency" means ALEA (Alabama Law Enforcement Agency), or other federal, state, or local law enforcement agency or drug suppression unit.
(24) "Licensed grower or producer" means a person authorized in the State by the department to grow, cultivate, handle, and store hemp under the terms established in a grower licensing agreement and this administrative regulation.
(25) "Licensed processor" means a person in the State authorized by the department to process, handle, and store hemp under the terms established in a processor licensing agreement.
(26) "Location ID" means the unique identifier established by the applicant for each unique set of GPS coordinates where hemp will be grown, handled, stored, or processed, which can include a field name, greenhouse or building name. Under the terms of this part, "Location I.D. or Lot", is to be defined by the Licensed Grower or Producer in terms of farm location, field acreage, and variety (i.e. cultivar) and to the reported as such to FSA.
(27) "Measurement of Uncertainty" means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.
(28) "Microgreens" means immature hemp seedlings for human consumption that are cut-off above the soil or substrate line and harvested prior to flowering and not more than fourteen (14) days after germination. Hemp microgreens are typically between two (2) and three (3) inches in height, but not taller than five (5) inches.
(29) "Nonviable seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent germination rate.
(30) "Person" means an individual, institution of higher education, business entity or entity.
(31) "Pesticide" means any substance or mixture of substances intended to:
(a) Prevent, destroy, control, repel, attract, or mitigate any pest;
(b) Be used as a plant regulator, defoliant, or desiccant; or
(c) Be used as a spray adjuvant, once they have been mixed with a product registered by U.S. Environmental Protection Agency.
(32) "Plot, lot or growing area" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area.
(33) "ppm" means parts per million.
(34) "Post-harvest sample" means a sample taken from the harvested hemp from a particular plot's harvest in accordance with the procedures as established by the department. The entire plot's harvest should be in the same form (for example, intact-plant, flowers, etc.), homogenous, and not mixed with non-hemp materials or hemp from another plot.
(35) "Pre-harvest sample" means a composite, representative portion from plants in a hemp plot collected in accordance with the procedures as established by the department.
(36) "Prohibited variety" means a variety or strain of cannabis excluded from the department's program.
(37) "Processing" is converting an agricultural commodity into a marketable form, to include but not be limited to, heating, mixing, grinding, separating/ extracting, cutting, freezing, physically or chemically altering hemp plants or hemp plant parts from a raw unaltered state.
(38) "Processor/Handler licensing agreement" means a document executed by a person and the department authorizing the person to process, handle, and store hemp at one (1) or more specified locations in the State under the terms established by the department.
(39) "Program" means the department's Industrial Hemp Program.
(40) "Propagule" means a plant or plant part that can be utilized to grow a new plant.
(41) "Secondary pre-harvest sample" means a pre-harvest sample that is taken:
(a) In a given plot after the first pre-harvest sample is taken; and
(b) On a different day than the initial pre-harvest sample.
(42) "Seed source" means the origin of the seed or propagules as determined by the department.
(43) "Signing authority" means an officer or agent of the business entity or organization with written authorization to commit the legal entity to a binding agreement.
(44) "State" means the State of Alabama.
(45) "State Plan" means the plan submitted by the Department and approved by the Secretary of the U.S. Department of Agriculture under which the Department regulates hemp production.
(46) "University" means a postsecondary institution, as defined in 20 U.S. Code 1001(a). and located in the State.
(47) "Variety" means a subdivision of a species that is:
(a) Uniform, in the sense that the variations in essential and distinctive characteristics are describable;
(b) Stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and
(c) Distinct, in the sense that the variety can be differentiated by one (1) or more identifiable morphological, physiological, other characteristics from all other publicly known varieties.
(48) "Variety of concern" means any variety of hemp in the department's program that tests above 3,000 ppm or 0.3000 percent total delta-9-THC in one (1) or more pre-harvest samples. A hemp variety designated as a "variety of concern" could be subject to restrictions and additional testing.
(49) "Volunteer cannabis plant" means any cannabis plant that:
(a) Grows of its own accord from seeds or roots in the years following an intentionally planted cannabis crop; and
(b) Is not intentionally planted.
History
(1) Any person who wishes to grow hemp at any location in the State shall submit to the department annually a completed Grower License Application, incorporated by reference as part of the Grower Licensing Application Packet.
(2) A person who does not hold a license from the department shall not grow, cultivate, handle, store hemp or other cannabis.
(3) A person under the age of eighteen (18) years of age shall not apply for or hold a grower license.
(4)
(a) Completed Grower License Application forms shall be postmarked or received by the department on or before the end of the application period established in the application.
(b) Completed Grower License Application forms shall be delivered to the Alabama Department of Agriculture and Industries as stated in the application package.
(c) The department may deny any Grower License Application that fails to meet the deadline established in the application.
(5) Each applicant shall pay a grower application fee in the amount established by the department.
(6) Application fees shall not cover or include the cost of the criminal background checks required by this administrative regulation. Applicants and license holders shall pay criminal background check fees directly to ALEA or any other law enforcement agency designated by the department.
(7) The department shall deny any Grower License Application that is received without the application fee established by these regulations.
(8) With the Grower License Application form, the applicant shall submit, at a minimum:
(a) Full name, Alabama residential address, telephone number, and email address.
(b) If the applicant represents a business entity, the full name of the business, the principal Alabama business location address, the full name of the applicant who will have signing authority on behalf of the entity, title, and email address of the person;
(c) Grow plan, including the proposed acreage or greenhouse or indoor square footage to be planted;
(d) Planned source of seeds or propagules;
(e) Street address; location ID; and GPS coordinates for each field, greenhouse, building, or site where hemp will be grown, handled, or stored;
(f) Maps depicting each site where hemp will be grown, handled, or stored, with appropriate designations for entrances, field boundaries, and specific locations corresponding to the GPS coordinates.
(9) All licensed growers or producers shall report hemp crop acreage to FSA and shall provide, at minimum, the following information:
(a) Street address, and to the extent practicable, Geospatial Location for each lot or greenhouse where hemp will be produced. If an applicant operates in more than one location, or is producing under multiple licenses, production information shall be provided for each location.
(b) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp.
(c) License or authorization identifier in a format prescribed by USDA.
(10) Any Grower License Application that is missing required information shall be subject to denial.
History
(1) The department shall apply the criteria established in paragraphs (a) through (m) of this subsection in evaluating an application for the grower license.
(a) In accordance with Section 3 of this administrative regulation, the applicant shall submit a complete application with all required components and attachments.
(b) The applicant shall comply with the responsibility to submit:
Hemp Grow Plan Outdoor Report and Hemp Grow Plan Greenhouse/Indoor Report, incorporated by reference;
Harvest/Destruction Report, incorporated by reference;
Post-Harvest Production reports, incorporated by reference; and
Any other reports deemed necessary by the department to which the applicant has agreed.
(c) The applicant's growing sites, handling sites, storage sites, and primary residence shall be located in the State of Alabama.
(d) The applicant shall affirm that the applicant resides in Alabama at the primary residence or within 50 miles of at least one of the applicant's Alabama grow sites listed on the Grower License Application form.
(e) The criminal background check report indicates that, within ten (10) years from the date when the background check was issued, the applicant or any key participant shall not have:
A felony conviction related to a controlled substance under State or Federal law; provided however, that an exception applies to a person who was lawfully growing Hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date. If the applicant is an entity, all Key Participants of the entity are subject to this requirement.
Any other felony or misdemeanor conviction which affects the grower's competency to hold a license to grow, handle or process hemp.
(g) The research or grow plan shall be compliant with state and federal law.
(h) The applicant shall have a seed or propagule acquisition form.
(i) In the past, including those times when the applicant was not a participant in the department's program, the applicant shall have demonstrated a willingness to comply with the department's rules, instructions from department staff, and instructions from representatives of ALEA and other law enforcement agencies.
(j) The applicant shall not be delinquent in making any required reports or payments to the department in connection with the applicant's participation in the program or other programs within the department.
(k) The applicant shall not have any unpaid fines or civil penalties owed to the department.
The applicant shall not make any false statements or representations to a representative of the department or a law enforcement agency.
The department may conditionally approve an application for a grower licensing agreement if the application satisfies the criteria established in this administrative regulation.
The department may approve an applicant to grow an acreage or square footage that is equal to, greater than, or less than the acreage or square footage stated in the application.
The department shall notify applicants by letter or email whether the application has been denied or conditionally approved. A person shall not be a participant in the department's program until the applicant and the department have executed a grower licensing agreement following the applicant's completion of the department's mandatory orientation session as required by this administrative regulation.
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(1) A licensed grower shall not plant or grow any cannabis that is not hemp.
(2) A licensed grower shall not plant or grow hemp or other cannabis on any site not listed in the grower licensing agreement.
(3) A licensed grower shall not grow hemp or other cannabis in any structure that is used for residential purposes.
(4) A licensed grower shall not handle or store leaf or floral material from hemp or other cannabis in any structure that is used for residential purposes.
(5) Hemp shall be physically segregated from other crops unless prior approval is obtained in writing from the department.
(6) A licensed grower shall not plant hemp or other cannabis plants in an outdoor growing location of less than one acre and 1,000 plants unless prior approval is received in writing from the department.
(7) A licensed grower shall not grow hemp or other cannabis in any outdoor field or site that is located within 1,000 feet of a school or a public recreational area or any location that would cause concern to the public interest without prior approval from the department.
(8) An applicant or licensed grower shall not include any property on his or her application or Site Modification Form to grow or cultivate hemp that is not owned or completely controlled by the applicant or licensed grower.
(9) A licensed grower shall not grow, handle, or store hemp or other cannabis on property owned by, leased from, or previously submitted in a license application by any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:
(a) Failure to obtain an acceptable criminal background check; or
(b) Failure to comply with an order from a representative of the department.
(10) A licensed grower shall not plant hemp or other cannabis plants in an indoor growing location of less than 1500 square feet and 500 plants unless prior approval is received in writing from the department.
History
(1) An applicant shall not be a participant in the department's program until the conditionally approved applicant and the department have executed a grower licensing agreement following the applicant's completion of the department's mandatory orientation session. Each licensed grower or producer shall be assigned a department license number in the form prescribed by USDA.
(2) The grower licensing agreement shall establish additional terms and conditions governing participation in the department's program.
(3) The terms and conditions established in the grower licensing agreement shall include, at a minimum, the following requirements for licensed growers:
(a) Acknowledge that licensed growers shall act as agents of the department and shall comply with instructions from representatives of the department and law enforcement agencies;
(b) Agree to pay a licensing fee in the amount established by these administrative rules;
(c) Consent to entry onto, and inspection of, all premises where hemp or other cannabis plants or materials are located, or licensed to be located, by representatives of the Department and law enforcement agencies, with or without cause, with or without advance notice;
(d) Consent to forfeiture and destruction, without compensation, of:
Material found to have a measured total delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry weight basis;
Plants located in an area that is not licensed by the department; and
Plants not accounted for in required reporting to the department;
(e) Agree to apply for registration of all growing, handling, and storage locations, including GPS coordinates, and receive department approval for those locations prior to having hemp on those premises;
(f) Acknowledge that licensed growers shall submit a Site Modification Request Forms, the appropriate fees based on the requested changes, and obtain prior written approval from a representative of the department before implementing any change to the licensed sites stated in the grower licensing agreement, and that growing site changes shall be subject to a site modification surcharge in the amount established in these administrative rules for a new set of GPS coordinates;
(g) Acknowledge that hemp shall not be grown, handled, or stored in any location other than the location listed in the grower licensing agreement;
(h) Agree not to interplant hemp with any other crop without express written permission from the department;
(i) Acknowledge that anyone applying pesticides to hemp shall apply pesticides in accordance with this administrative regulation;
(j) Acknowledge that licensed growers shall comply with restrictions established by the department limiting the movement of hemp plants and plant parts;
(k) Acknowledge that the risk of financial or other loss shall be borne solely by the licensed grower;
(l) Agree that any time hemp is in transit, a copy of the grower licensing agreement shall be available for inspection upon the request of a representative of the department or a law enforcement agency;
(m) Agree that, upon request from a representative of the department or a law enforcement agency, a licensed grower shall immediately produce a copy of his or her grower licensing agreement for inspection;
(n) Agree to submit Hemp Grow Plan Reports, Harvest/Destruction Form, Post-Harvest Reports and Production Reports, and any other reports required by the department or USDA, to which the grower has agreed, on or before the deadlines established in this administrative regulation;
(o) Agree to scout and monitor unregistered fields for volunteer cannabis plants and to destroy those volunteer cannabis plants for three (3) years past the last date of planting reported to the department;
(p) Agree not to employ or rent land to cultivate hemp from any person who was terminated or denied admission to the program for one (1) or both of the following reasons:
Failure to obtain an acceptable criminal background check; or
Failure to comply with an order from a representative of the department;
(q) Agree that land used for the cultivation or storage of hemp shall not be owned by or leased from any person who was terminated, or denied admission to the program for one (1) or both of the following reasons:
Failure to obtain an acceptable criminal background check; or
Failure to comply with an order from a representative of the department;
(r) Agree to notify the department of any interaction with law enforcement immediately by phone and follow-up in writing within three (3) calendar days of the occurrence; and
(s) Agree to notify the department of any theft of cannabis materials, whether growing or not.
(t) Agree that the department, law enforcement or other authorized entities may conduct annual inspections of licensed growers, at random, to verify that hemp is not being produced in violation of these rules or state or federal laws and regulations.
(4) Failure to agree or comply with terms and conditions established in the grower licensing agreement or this administrative regulation shall constitute grounds for appropriate departmental action, up to and including termination of the grower licensing agreement and expulsion from the department's program.
(5) A person who has been expelled from the program shall not be eligible to reapply to the program for a period of five (5) years from the date of expulsion.
(6) Failure to agree and sign the grower licensing agreement shall terminate conditional approval and a licensing agreement shall not be executed.
(7) The department may deny or revoke any license for good cause shown.
History
(1) Participation fee.
(a) The licensed grower shall pay a participation fee.
(b) The participation fee for each growing address shall be in the amount established in these regulations.
(c) Participation fees shall be paid in full prior to the execution of the grower licensing agreement in a manner prescribed by the Alabama Department of Agriculture and Industries.
(2) Secondary Pre-Harvest Sample fee.
(a) If a licensed grower fails to complete the harvest within thirty (30) days after the department collects the pre-harvest sample, the licensed grower shall submit a new Harvest/Destruction Form for each additional pre-harvest sample.
(b) After the initial pre-harvest sample from each grow area or lot, the licensed grower will be required to pay a secondary pre-harvest sample fee for each additional sample taken.
(c) Each secondary pre-harvest sample fee shall be paid to the department within thirty (30) days of invoice or notification by the department. The secondary pre-harvest sample fee shall be as established in these regulations.
(d) If the licensed grower fails to pay the secondary preharvest sample fee within thirty (30) days of invoice or notification, the lack of payment shall be considered a violation of the grower licensing agreement.
(e) The licensed grower shall not harvest the remaining crop until the department collects a secondary pre-harvest sample if one is required as established in paragraph (a) or (b) of this subsection.
(3) Post-harvest retest fee.
(a) The department shall order post-harvest THC testing of a plot if the results of an initial THC test on the pre-harvest sample indicate a total delta-9-THC concentration in the preharvest sample in excess of what is permitted by the department.
(b) If a licensed grower fails to request a retest within fourteen (14) days of notification of pre-harvest results on a harvest from the department, then the pre-harvest sample or secondary pre-harvest test result shall stand, and the department shall destroy or seize, without compensation, all hemp or other cannabis from the plot.
History
(1) At least 10 business days prior to harvest, each industrial hemp licensee shall file a report with the Commissioner that shall include a statement of intended disposition of its industrial hemp crop.
(2) Licensees must report any subsequent changes to the purchase agreement or disposition statement to the Commissioner within 10 business days of the change.
(3) At least 3 business days prior to the movement of the industrial hemp grain or plant material from the permitted location, the licensee shall submit to the Commissioner an application for movement permit. The application shall include the mode and location to which the product is to be transported. An inspection of the product may occur prior to movement. Out-of-state movement of industrial hemp may occur only by lawful passage through states that have authorized the possession and distribution of industrial hemp.
(4) Licensees must immediately report the theft or loss of industrial hemp to the Department.
(5) On forms provided by the Department, a licensee must immediately report to the Department:
(a) Changes to the name, address, email, or telephone number of the licensee;
(b) Changes in the ownership or structure of the entity holding an industrial hemp license;
(c) Changes in location or the addition of a field or growing area.
(6) Growers and processors must ensure that all laboratory THC test results for all harvest lots are timely reported to the Department and that any failed test report is immediately reported to the Department.
History
(1) All licensees are subject to sampling of their industrial hemp crop to verify that the THC concentration does not exceed 0.3% on a dry mass basis.
(2) During the inspection, the licensee or authorized representative shall be present at the growing area research site, storage area, or other building facility. The licensee or authorized representative shall provide the Department's inspector with complete and unrestricted access to all industrial hemp plants and seeds whether growing or harvested, all land buildings, and other structures used for the cultivation and storage of industrial hemp, and all documents and records pertaining to the licensee's industrial hemp business.
(3) Sampling of industrial hemp plants will occur in the following manner:
(a) Samples of each variety of industrial hemp may be sampled from the growing area, research site, storage area, or building facility at the Commissioner's discretion.
(b) Quantitative laboratory determination of the THC concentration on a dry mass basis will be performed according to protocols approved by the Commissioner.
(c) A sample test result greater than 0.3% THC will be considered conclusive evidence that at least one Cannabis plant or part of a plant in the growing area, research site, storage area, or building facility contains a THC concentration over the limit allowed for industrial hemp and that the licensee of that growing area, research site, storage area, or building facility is therefore not in compliance with the Act. Upon receipt of such a test result, the Commissioner may summarily suspend and revoke the registration of an industrial hemp licensee. The Commissioner shall furnish to the licensee a portion of the violative sample if the licensee requests it within 30 days of notification.
(d) After the Department obtains a sample, licensees shall not move any Cannabis plant or plant product from the area represented by the sample until the Department determines the same tests no higher than 0.3% THC on a dry mass basis.
(4) Fees. Licensees shall pay a charge of $250 dollars per inspection for each growing area, research site, storage area, or building facility.
(5) Destruction.
(a) Cannabis plants found to be in violation of the Act or this Chapter shall be destroyed in accordance with a departmental directive or destruction order.
(b) Destruction of any plants or plant products under this rule shall be performed in accordance with a directive from the Commissioner, which may include destruction by any means necessary for reasonable that all Cannabis plants exceeding allowable limits of THC concentration are destroyed, e.g. by removal and incineration, field burning, deep burial, or other means authorized by the Department.
(6) Administrative Appeal. Any licensee aggrieved by an order issued under this Chapter may submit a written request for a hearing within 15 days of the date of the destruction order being issued. If no petition is filed with the department within the 15-day period, the Department's order shall become final and will not be subject to review. For purposes of any hearing under this Chapter, any Cannabis plant grown or processed by a licensee under the Department's industrial hemp pilot program shall be considered property of the Department for researching the growth, cultivation, and marketability of industrial hemp and not a legal right, duty, or privilege of the licensee.
History
Growers shall retain the following records for no less than 5 years from the date the record is obtained or generated:
(1) All records relating to information supplied in the application for a license;
(2) All records relating to the use and disposition of industrial hemp harvested or any plant parts thereof;
(3) All records relating to the storage or processing of industrial hemp or any plants parts thereof;
(4) All records relating to the destruction of industrial hemp harvested or any plant parts thereof, including but not limited to, any affidavits, notifications, and electronic records required by this subchapter.
History
(1) The department may collect samples of any hemp material prior to harvest at any time.
(2) A licensed grower shall submit a complete and current Harvest/Destruction form to the department fourteen (14) calendar days prior to the intended harvest date or intended destruction of a failed crop.
(3) The department's receipt of a Harvest/Destruction Report shall trigger a sample collection by the department.
(4) During the department's scheduled sample collection, the grower or an authorized representative shall be present at the growing site.
(5) Representatives of the department shall be provided with complete and unrestricted access to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants; and all locations listed in the grower licensing agreement.
(6) The licensed grower shall harvest the crop thirty (30) days following the date of sample collection by the department, unless specifically authorized in writing by the department.
(7) If the licensed grower fails to complete harvest within thirty (30) days, the department may order a secondary pre-harvest sample of the plot, and the licensed grower shall be assessed a secondary pre-harvest sample fee per plot in the amount established in these regulations prior to the department collecting the sample.
(8) Harvested materials of different varieties shall not be commingled with other harvested varieties without the release movement form from the department.
(9) Floral materials harvested for phytocannabinoid extraction shall not be moved outside the State or beyond a processor, nor commingled, nor extracted, until the department releases the material in writing.
(10) A licensed grower who fails to submit a Harvest/Destruction Form, or who does submit a Harvest/ Destruction Form, and proceeds to harvest a crop prior to a sample being collected by the department shall be subject to license revocation.
History
(1) The hemp to be selected for sampling shall be determined by a representative of the department.
(2) The department shall collect and retain samples from each plot in accordance with the procedures established by the department.
(3) The department shall receive, prepare, and release hemp samples in accordance with the procedures established by the department.
(4) The department shall measure total delta-9-THC concentration of each hemp sample in accordance with the procedures established by the department.
(5) The department shall undertake post-testing actions in accordance with the procedures established by the department.
(6) The method used for sampling from the flower material of the cannabis plant must be sufficient at a confidence level of 95 percent that no more than one percent (1%) of the plants in the lot would exceed the federally defined THC level for hemp. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot.
(7) All performance-based sampling methods will follow established federal and state laws, rules, and policies or protocols established by the department.
(8) All samples shall become the property of the department and shall not be returnable. Compensation shall not be owed by the department.
(9) If the department is not able to provide THC testing services required by these regulations, the department may identify and contract with a third-party lab to perform THC testing services.
History
(1) Growers may request a pre-disqualification meeting with the Director of the Industrial Hemp Program. Growers may request that employees of the Alabama Department of Agriculture & Industries that are directly involved in the action be present for the meeting. However, representatives of other entities will not be allowed.
(2) The appeal will be heard by the Director of the Industrial Hemp Program.
(3) Growers will receive written notice acknowledging the request of the meeting within 10 business days.
(4) The meeting may result in:
(a) Disqualification;
(b) Suspension and placed on probation;
(c) Sanction lifted with the grower being placed on probation; or
(d) Ruled in favor of the grower.
History
(1) If no pre-disqualified meeting is requested, or if the outcome of the meeting is not satisfactory an applicant and wishing to appeal the Department's denial or partial denial of an application shall submit a written request for a hearing postmarked within 15 days of the date of the Department's notification letter or email.
(2) An appealing applicant shall mail a hearing request letter to the Alabama Department of Agriculture & Industries, Industrial Hemp Program, located at 1445 Federal Drive, Montgomery, Alabama 36107-1123.
(3) Notice of the time and date of the appeal hearing will be given for preparation of the hearing.
(4) The applicant may request that the date of the hearing be rescheduled one time.
(5) The hearing will be conducted by an impartial hearing officer.
(6) Applicants will have an opportunity to confront the person or entity that denied their application.
(7) The basis of the hearing officer's decision will be delivered to the applicant in writing.
(8) If the disqualification is substantiated, the applicant will automatically be disqualified.
(9) Applicants may request a judicial review at their own expense.
History
(1) A licensed grower shall submit a completed Grower Post Harvest Production Report annually, any report required by this regulation and any report required by USDA and/or FSA, in the form and manner prescribed or stated.
(2) For at least three (3) years, license holders shall maintain and make available for inspection by the department during reasonable business hours:
(a) Records regarding acquisition of hemp plants;
(b) Records regarding production and handling of hemp plants;
(c) Records regarding storage of hemp plants; and
(d) Records regarding disposal of all cannabis plants that do not meet the definition of hemp.
(3) A licensed grower's failure to submit an accurate and complete report that is required by the department before the deadline established by the department shall constitute grounds for the department to terminate the grower licensing agreement and deny future applications for licensure.
History
(1) Any person who wishes to engage in the processing, handling, or storing of hemp at any location in the State shall submit to the department annually a complete Processor/Handler License Application, incorporated by reference as part of the Processor/Handler License Application Packet.
(2) Any person who does not hold a license from the department shall not grow, cultivate, handle, store or process hemp or other cannabis.
(3) A person under the age of eighteen (18) years of age shall not apply for or hold a processor or handler license.
(4)
(a) Completed Processor/Handler License Application forms shall be postmarked or received by the department on or before the end of the application period established in the application.
(b) Completed Processor/Handler License Application forms shall be delivered to the Alabama Department of Agriculture and Industries, as stated in the application package.
(c) The department may deny any Processor/Handler License Application that is not received by the deadline established in the application.
(5) The department shall require each applicant to pay a processor or handler application fee in the amount established in by these regulations.
(6) Application fees shall not cover or include the cost of criminal background checks required by this regulation. Applicants and license holders shall pay criminal background check fees directly to ALEA or any other law enforcement agency designated by the department.
(7) The department may deny any Processor/Handler License Application that is received without the application fee established by the department.
(8) With the Processor/Handler License Application form, the applicant shall submit, at a minimum:
(a) Full name, mailing address, telephone number, and email address;
(b) If the applicant represents a business entity, the full name of the business, the principal Alabama business location address, the full name of the applicant who will have signing authority on behalf of the entity, title, and email address of the person;
(c) Processing or handling plan;
(d) Planned source of hemp; and
(e) Maps and the street address, location ID, and GPS coordinates for each building or site where hemp will be processed, handled, or stored.
(9) Any Processor/Handler License Application that is missing required information shall be grounds for license denial.
History
(1) The department shall apply the criteria established in paragraphs (a) through (n) of this subsection in evaluating applications for a processor or handler licensing agreement:
(a) In accordance with this administrative regulation, the applicant shall submit a complete application with all required components and attachments.
(b) An applicant who has been a program participant previously, the applicant shall comply with the responsibility to submit any reports required by these regulations.
(c) All involved business entities shall be registered and in good standing with the Alabama Secretary of State.
(d) The applicant's processing sites, handling sites, and storage sites, shall be located in the State of Alabama.
(e) The criminal background check report indicates that, within ten (10) years from the date when the background check was issued, the applicant shall not have:
A felony conviction relating to a controlled substance under State or Federal law; provide however, that an exception applies to a person who was lawfully growing Hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date. If the applicant is an entity, all Key Participants of the entity are subject to this requirement.
Any other felony or misdemeanor conviction which affects the grower's competency to hold a license to grow, handle or process hemp.
(f) The processing or handling plan shall be compliant with state and federal law.
(g) The applicant's planned activities shall remain compliant with state law and the department policy.
(h) The applicant shall have a hemp acquisition plan.
(i) The applicant shall have a hemp grow plan that is compliant with state and federal law.
(j) The applicant shall have adequate facilities, or plans to acquire adequate facilities sufficiently soon enough, to comply with the issuance of a license.
(k) In the past, including those times when the applicant was not a participant in the department's program, the applicant shall have demonstrated a willingness to comply with the department's rules, instructions from department staff, and instructions from representatives of ALEA and other law enforcement agencies.
(l) The applicant shall not be delinquent in making any required reports or payments to the department in connection with the applicant's participation in the program or other programs within the department.
(m) The applicant shall not have any unpaid fines or civil penalties owed to the department.
(n) The applicant shall not have made and shall not make any false statements or representations to a representative of the department or a law enforcement agency.
(2) The department may conditionally approve an application for a processor or handler licensing agreement if the application satisfies the criteria established in this administrative regulation.
(3) The department shall notify applicants whether the application has been denied or conditionally approved. A person shall not be a participant in the department's program until the applicant and the department have executed a processor or handler licensing agreement following the applicant's completion of the department's mandatory orientation session.
History
(1) An applicant shall not be a participant in the department's program until the conditionally approved applicant and the department have executed a processor or handler licensing agreement following the applicant's completion of the department's mandatory orientation session. Each licensed processor or handler shall be assigned a department license number in the form prescribed by ADAI.
(2) The processor or handler licensing agreement shall establish additional terms and conditions governing participation in the department's program.
(3) The terms and conditions established in the processor or handler licensing agreement shall include, at a minimum, the following requirements for licensed processor or handler:
(a) Acknowledge that licensed processors or handlers are acting as agents of the department and shall comply with instructions from representatives of the department and law enforcement agencies;
(b) Agree to pay a licensing fee in the amount established in these administrative rules;
(c) Consent to entry onto, and inspection of, all premises where hemp or other cannabis materials are located, or licensed to be located, by representatives of the department and law enforcement agencies, with or without cause, with or without advance notice;
(d) Consent to forfeiture and destruction, without compensation, of:
Material found to have a measured total delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry weight basis;
Material located in an area that is not licensed by the department; or
Material not properly accounted for in required reporting to the department;
(e) Acknowledge that no hemp shall be processed, handled, or stored in any location other than the location listed in the processor or handler licensing agreement;
(f) Acknowledge that licensed processors or handlers shall comply with restrictions established by the department limiting the movement of hemp plants and plant parts;
(g) Acknowledge that the risk of financial or other loss shall be borne solely by the licensed processor or handler;
(h) Agree that any time the hemp is in transit, a copy of the processor or handler licensing agreement shall be available for inspection upon the request of a representative of the department or a law enforcement agency;
(i) Agree to immediately produce a copy of the processor or handler licensing agreement for inspection upon request from a representative of the department or a law enforcement agency;
(j) Agree to submit reports required by the department or USDA on or before the deadlines established by the department;
(k) Agree to notify the department of any interaction with law enforcement immediately by phone and follow-up in writing within three (3) calendar days of the occurrence; and
(l) Agree to notify the department of any theft of hemp materials.
(4) Failure to agree or comply with terms and conditions established in the processor or handler licensing agreement or this administrative regulation shall constitute grounds for appropriate departmental action, up to and including termination of the license and expulsion from the department's program.
(5) A person who has been expelled from the program is not eligible to reapply to the program for a period of five (5) years from the date of expulsion.
(6) Failure to agree and sign the processor or handler licensing agreement shall terminate conditional approval and no licensing agreement shall be executed.
(7) A licensed processor or handler shall:
(a) Submit to the department an annual criminal background check for the signing authority of record;
(b) Complete a mandatory, annual program orientation session hosted by the department;
(c) Pay annual fees in the amount established in these regulations;
(d) Update all registered addresses, location IDs, and GPS coordinates with the department; and
(e) Agree to comply with the department's program policies as established in these regulations.
(8) The department may deny or revoke any license for good cause shown.
History
(1) A licensed processor or handler shall submit a completed Production Report annually, any report required by this regulation, and any report required by USDA or FSA, in the manner and form stated.
(2) For at least three (3) years, license holders shall maintain and make available for inspection by the department during reasonable business hours:
(a) Records regarding acquisition of hemp plants;
(b) Records regarding production and handling of hemp plants;
(c) Records regarding storage of hemp plants; and
(d) Records regarding disposal of all cannabis plants that do not meet the definition of hemp.
(3) A licensed processor or handler's failure to submit an accurate and complete report that is required by these administrative regulations on or before the deadline established by the department shall constitute grounds for the department to terminate the processor or handler licensing agreement and deny future applications for licensure.
History
(1) An institution of higher education with a project affiliated with the department's program shall not involve any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:
(a) Failure to obtain an acceptable criminal background check; or
(b) Failure to comply with an order from a representative of the department.
(2) An institution of higher education with a project affiliated with the department's program shall not grow, handle, process, or store hemp on property owned by or leased from any person who is ineligible or was terminated, or denied admission to the program for one (1) or both of the following reasons:
(a) Failure to obtain an acceptable criminal background check; or
(b) Failure to comply with an order from a representative of the department.
(3) Hemp that is produced for research shall not enter the stream of commerce and a plan must include disposal procedures.
History
(1) Each licensed grower, processor, handler, university representative or applicant shall undergo and pay for an annual criminal background check.
(2) A licensed grower, processor, handler or applicant shall, following completion of the background check, ensure delivery of the report to the department according to application instructions.
(3) The department shall not accept a report from a criminal background check that is dated more than 60 days prior to the application submission date.
(4) Failure to submit the background check by the deadline stated in subsection (2) of this section shall be grounds for license denial.
(5) Substitution of a signing authority shall require approval from the department and the submission of a current criminal background check on the signing authority.
(6) A license shall not be issued unless the criminal background check submitted with the license application confirms that all key participants to be covered by the license have not been convicted of a felony, under State or Federal law, relating to a controlled substance with the past ten (10) years; provided however, that an exception applies to a person who was lawfully growing Hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date. If the licensee is an entity, all Key Participants of the entity are subject to this requirement.
History
(1) A licensed grower, processor, handler or university who elects to grow hemp in a new growing location or store or handle at a site other than the sites specified by the GPS coordinates listed in the grower licensing agreement, shall submit a Site Modification Request Form, as established by these regulations, and obtain written approval from a representative of the department, prior to planting or storing at the proposed location.
(2) Any request for a new growing location shall comply with the land use restrictions established in this administrative regulation.
(3) The land or growing structure being requested shall not be owned by or leased from any person who was terminated, or denied admission to the program for one (1) or both of the following reasons:
(a) Failure to obtain an acceptable criminal background check; or
(b) Failure to comply with an order from a representative of the department.
(4) The department shall charge a site modification surcharge fee for each new growing location, be it an individual field or greenhouse or indoor structure, where hemp will be planted. The amount of the site modification surcharge fee shall be as established in these regulations.
(5) The department shall not approve a site modification request for a new growing location until the department has received the site modification surcharge fee. Surcharge fees shall be submitted to the department with a check or money order payable to the department.
History
(1) The fees established in this section shall be nonrefundable.
(2) The Grower License Application fee shall be $150, plus any established online convenience fee, for each application.
(3) The annual grower participation fee shall be $1000 for each growing location.
(4) The secondary pre-harvest sample fee shall be $250 for each sample.
(5) The post-harvest retest fee shall be $250 for each sample.
(6) The site modification surcharge fee shall be $1000 for each GPS coordinate location change for each growing site after the grower licensing agreement has been executed.
History
(1) The fees established in this section shall be nonrefundable.
(2) The Processor/Handler License Application fee shall be $150, plus any established online convenience fee, per application.
(3) The annual participation fee for processing the grain component of hemp shall be $1000.
(4) The annual participation fee for processing the fiber component of hemp shall be $1000.
(5) The annual participation fee for processing the floral material component of hemp (such as CBD) shall be $1,000.
(6) The annual participation fee for a handler (such as a seed cleaner or laboratory) shall be $1000.
(7) The site modification surcharge fee shall be $1000 for each GPS coordinate location change for each processing site after the processor or handler licensing agreement has been executed.
History
(1) The fees established in this section shall be nonrefundable.
(2) The Institute of Higher Education Application fee shall be $150, plus any established online convenience fee, per application.
(3) The annual participation fee shall be $500 for the initial growing location and $200 for each additional growing location.
(4) The site modification surcharge fee shall be $500 for each GPS coordination location change for each growing site after the licensing agreement has been executed.
(5) Sampling and THC testing shall be $200 for each sample.
History
(1) In addition to being subject to the license suspension, license revocation, and monetary civil penalty procedures, a person who is found by the Department to have negligently violated any statute or administrative regulation governing that person's participation in the hemp program shall be subject to a corrective action plan at the discretion of the Department.
(2) The Department may impose a corrective action plan for a negligent violation of any statute or administrative regulation governing a person's participation in the hemp program, including without limitation:
(a) Failing to disclose, or provide required information about, a site where hemp is being grown, processed, or stored:
(b) Failing to obtain a necessary license from the department or a necessary authorization from a state or federal agency; and
(c) Producing hemp or other cannabis with a total delta-9-THC concentration of more than 1.0 percent on a dry weight basis.
(3) Corrective action plans issued by the Department shall include, at a minimum, the following information:
(a) A reasonable date by which the person shall correct his or her violation; and
(b) A requirement for periodic reports from the person to the Department about the person's compliance with the corrective action plan, statutes, and administrative regulations for a period of at least two
(c) A description of the procedures that will demonstrate compliance must be submitted for approval.
(d) Growers shall not receive more than one negligent violation per growing season.
History
(1) Not more than thirty (30) days after receiving and compiling the following information, the Department shall provide it to the United States Secretary of Agriculture or the Secretary's designee:
(a) the licensed grower's name;
(b) the licensed grower's telephone number, email address, residential address, mailing address, or another form of contact information;
(c) the Location ID for each field, facility, or other place where hemp is licensed to be grown; and
(d) an indication whether the person's license is currently in good standing.
(e) any other information required by USDA pursuant to the USDA Domestic Hemp Production program.
(2) The Department shall provide real-time updates to the information that the Department previously submitted pursuant to Section (1) of this administrative regulation.
History
(1) The following material is incorporated by reference:
(a) Procedures for Sampling, THC Testing, and Post-Testing Actions, December 14, 2017, edition;
(b) Procedures for Performance-based sampling, June 2023, edition;
(c) Procedures for Measuring Delta 9 THC Content in Industrial Hemp by Gas Chromatography with Flame Ionization Detection, August 1, 2017, edition; and
(d) Procedures for Receiving, Preparing and Releasing Hemp Samples,
(2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, upon advanced request, at the Alabama Department of Agriculture and Industries, Richard Beard Building, 1445 Federal Dr., Montgomery, Alabama 36107, Monday through Friday, 8:00 a.m. to 4:30 p.m.
History
(1) The following forms and materials are incorporated by reference:
(a) Grower Application
(b) Grower License Agreement
(c) Hemp Grow Plan (Indoor and Outdoor)
(d) Harvest/Destruction Report
(e) Grower Add Site Form
(f) Grower Amend Site Form
(g) Grower Property Owner Affirmation
(h) Harvest Destruction Form
(i) Release/Movement Form
(j) Secondary Sample(s) Invoice
(k) Grower Post-Harvest Report Form (Indoor and Outdoor)
(l) Processor/Handler Application
(m) Processor/Handler Licensing Agreement
(n) Processor Add Site Form
(o) Processor Amend Site Form
(p) Processor Year-End Report
(q) University/Research Application
(r) University/Research Licensing Agreement
(s) University Add Site Form
(t) University Amend Site Form
(u) University Year End Post Harvest Report Form
(v) International Seed Acquisition Form
(w) Seed or Propagule Acquisition Form
(x) Production Report
(2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, and upon advanced request, at the Alabama Department of Agriculture and Industries, 1445 Federal Drive, Montgomery, Alabama 36107, Monday through Friday, 8:00 a.m. to 4:30 p.m.
History
The purpose of this regulation is to seed law, for germination and to prescribe germination standards and tolerances. It also provides prohibitions and restrictions of noxious weed seed. It also establishes permit fees for seed dealers and processors.
Authors: Charles H. Barnes, John P. Hagood
History
Portions of that regulation entitled Rules and Regulations for Administration of Alabama Seed Law adopted December 13, 1963, March 10, 1965 and November 17, 1965, identified as Regulations Nos. 1 through 13 and Regulations Nos. 17, 19, 21, 30, 31, and 33 and all amendments thereto, and all other regulations pertaining to the purpose appearing in Rule No. 80-11-1-.01 of this regulation are hereby repealed, amended and withdrawn. This chapter is submitted in their place.
Author: Charles H. Barnes
History
(1) The manner of sampling and handling seed in the field and analyzing and testing seed in the Laboratory, Greenhouse and Trial plots shall be the same as that recommended in the Rules For Testing Seeds of the Association of Official Seed Analysts, as published in 1978 and as same is subsequently amended.
(2) The same tolerances published in the Rules For Testing Seeds as published by the Association of Official Seed Analysts, in 1978 and as subsequently amended, shall be recognized in the administration of the Alabama State Seed Law; except no tolerances shall be applied to minimum germination standards, maximum weed seed percentages, maximum noxious weed seeds permitted, prohibited noxious weeds and when the term "none allowed" is used, this shall mean 0 with no tolerance.
(3) Any portion of the Rules For Testing Seeds of the Association of Official Seed Analysts, or as may later be amended, in conflict with any Alabama law or regulation shall be disregarded and not followed:
(4) Tree and shrub seed shall be tested in accordance with the proceedings prescribed by the Association of Official Seed Analysts and set forth in the latest edition of the Rules For Testing Seeds published by that Association. For those kinds not covered in these rules, the testing procedure used shall be those recommended by the Eastern Tree Seed Lab.
(5) All lots of seeds shall be stacked separately and made accessible for proper sampling.
(6) The nine (9) month period of validity of a germination test is hereby extended to 36 months for agricultural and vegetable seeds packaged in hermetically sealed containers which comply with the following requirements:
(a) The seed was packaged within nine months after harvest;
(b) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees F. with a relative humidity on one side of 90 per cent and on the other side of 0 per cent. Water vapor penetration or W V P is measured by the standards of the U. S. Bureau of Standards as gm.H20/24 hr./100 sq. in./100 degrees F/90% RH V.0% RH;
(c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed in S201.36c of the Federal Seed Act for the crops listed in this section;
(d) The container is conspicuously labeled in not less than eight point type to indicate (1) that the container is hermetically sealed, (2) that the seed has been preconditioned as to moisture content, and (3) the calendar month and year in which the germination test was completed.
(e) The percentage of germination shall be stated on label at the time of packaging.
Author: Charles H. Barnes
History
(1) Germination standards for vegetable seed shall be as follows:
| Percent | Percent | | | | --- | --- | --- | --- | | Artichoke | 60 | Bean, lima | 70 | | Asparagus | 70 | Bean, runner | 75 | | Asparagus bean | 75 | Beet | 65 | | Bean, garden | 75 | Broad bean | 75 | | [Varieties other | Broccoli | 75 | | | than Improved Tendergreen | Brussels sprouts | 70 | | | (Resistant Tendergreen), | Cabbage | 75 | | | Cornelli 14, King Green, | Cantaloupe(see | | | | Logan Processor, Ranger, | muskmelon) | | | | Rival Seminole, Tenderbest, | Cardoon | 60 | | | Tenderlong 15, Topcrop, Top- | Carrot | 55 | | | most, Wade, Whitseeded | Cauliflower | 75 | | | Tendergreen, and Woodruff's | Celeriac | 55 | | | Hyscore] | Celery | 55 | | | Chard, Swiss | 65 | | | | Beans, garden | Chicory | 65 | | | [Varieties Improved Tendergreen | Chinese cabbage | 75 | | | (Resistant Tendergreen), | Chives | 50 | | | Tendercrop, King Green, | Citron | 65 | | | Logan, Processor, Ranger | Collards | 80 | | | Rival, Seminole, Tenderbest | Corn, sweet | 75 | | | Tenderlong 15, Topcrop, Top- | Cornsalad | 70 | | | most, Wade, Whiteseeded | Cowpea | 75 | | | Tendergreen, and Woodruff's | | | | | Hyscore] | 70 | | | | Cress, upland | 60 | Cress, garden | 75 | | Cress, water | 40 | Parsley | 60 | | Cucumber | 80 | Parsnip | 60 | | Dandelion | 60 | Pea | 80 | | Eggplant | 60 | Pepper | 55 | | Endive | 70 | Pumpkin | 75 | | Kale | 75 | Radish | 75 | | Kale, Chinese | 75 | Rhubarb | 60 | | Kohlrabi | 75 | Rutabaga | 75 | | Leek | 60 | Salsify | 75 | | Lettuce | 80 | Sorrell | 65 | | Muskmelon | 75 | Soybean | 75 | | Mustard | 75 | Spinach | 60 | | Mustard, spinach | 75 | Spinach, New Zealand | 40 | | Okra | 50 | Squash | 75 | | Onion | 70 | Tomato | 75 | | Onion, Welsh | 70 | Tomato, husk | 50 | | Pak-choi | 75 | Turnip | 80 | | Watermelon | 70 | | |
(2) Germination standards for any vegetable seeds not listed above shall be the same as is published by the United States Department of Agriculture in the Code of Federal Regulations in regard to germination standards for vegetable seed.
(3) Seeds falling below the minimum germination set out below shall not be sold, offered for sale or distributed in Alabama.
(a) All vegetable seeds listed in Subrules (1) and (2) above falling below 20% of standards appearing in these subsections.
(b) Hybrid seed corn germinating less than 90%.
(c) Soybeans germinating less than 70%.
(d) Cotton seed germinating less than 70%.
(4) The person upon whose premises seed are located will be held responsible for securing a new germination test, and subsequently amending the analysis tags, when the test date exceeds 270 days.
History
(1) The following adulterations or mixtures of seed shall not be sold, offered for sale, or distributed in Alabama:
(a) Common lespedeza containing more than 5% weed seed.
(b) Carpet grass containing more than 2.5% weed seed.
(c) Dallis grass containing less than 25% pure live seed.
(d) Johnson grass containing less than 50% pure live seed.
(e) Seed peanuts of one variety containing more than 2.5% of another variety; however, seed peanuts containing 2.5% or less of another variety may be sold, provided the percentages of such varieties are stated on the analysis tag attached to each bag, in addition to all other labeling requirements now, or in the future, in effect.
(f) Rye seed produced in a northern state or having a northern origin. The term "northern origin" shall mean all states north of North Carolina, Tennessee, Arkansas, Oklahoma and north and west of Texas.
(g) Seed corn, for planting purposes, containing Texas male sterile cytoplasm. Other types of cytoplasm, which are resistant to Race "T" of the Southern corn leaf blight are not banned nor shall the presence of these other types of cytoplasm be required to be shown on the analysis tag.
(h) Domestic Sunn Hemp (Crotalaria juncea) in a mixture.
(2) The following adulterations or mixtures of seed shall not be sold under the name of the dominant seed:
(a) Oats consisting of mixed varieties, and oats containing a total of 5% or more of other oat varieties shall not be labeled or sold as seed oats.
A false wild oat will be considered as any unstable or variant form of a cultivated and wild oat possessing one or more of the distinct characteristics of the wild oats (Avena fatua).
The sale of mixed oats shall not be prohibited when they are used as a component part in seed for wildlife mixtures. In order to be used in such a mixture the following criteria must be met: The mixture must include (3) kinds or more and the oat component must be labeled according to the predominate variety that comprises at least sixty (60) percent of the mixture.
(b) Sorghum consisting of mixed varieties and sorghum containing a total of 5% or more of other sorghum varieties shall not be labeled or sold as sorghum seed.
(c) Cowpeas consisting of mixed varieties shall be labeled as, "mixed." The percent of pure seed shall represent all cowpeas present and the germination test shall be based upon a uniform sample of all of the varieties in the low.
(3) All whole grain rye sold, offered or exposed for sale in Alabama during the period of time beginning September 1 and ending December 31 of each year shall be labeled as seed rye and must meet all requirements of the Alabama seed law and rules and regulations, except, however, whole grain rye may be mixed with other grain and may be sold during the above prohibitive period, provided such mixture is labeled as commercial feed and shows the percentage of each kind of grain present and shall also comply with all provisions of the Alabama Commercial Feed Law of 1978, Code of Ala. 1975, §§ 2-21-17 through 2-21-34.
History
(1) No agricultural, vegetable, flower, herb, tree or shrub seed for planting purposes shall be sold, offered for sale, or distributed within the State if the noxious weed seed per pound of seed tested is in excess of the following limitations:
(a) Field bindweed (Convolvulus arvensis) - prohibited - none allowed.
(b) Hedge bindweed (Convolvulus sepium) - prohibited -none allowed.
(c) Nutgrass (Cyperus rotundus) - Prohibited
(d) Crotalaria spp.
(e) Balloon Vine (Cardiospermum halicacabum) -prohibited - none allowed.
(f) Cocklebur (Xanthium sp.) in seed which are certified by an officially recognized seed certifying agency, as defined in Code of Ala. 1975, § 2-26-1(18), - prohibited - none allowed.
(g) Cocklebur (Xanthium sp.), in uncertified seed -restricted - 2 seed per pound.
(h) Blessed Thistle (Cnicus benedictus) - restricted -9 seed per pound.
(i) Moonflower or giant morninglory (Calonyction muricatum) restricted - 9 seed per pound.
(j) Wild Onion and/or Wild Garlic (Allium spp.)-restricted - 27 seed per pound.
(k) Wild Mustard and/or Turnip (Brassica spp.)-restricted - 27 seed per pound.
(l) Radish (Raphanus spp.) - restricted - 27 seed per pound.
(m) Johnson Grass (Sorghum halepense) and/or Sorghum Almum and perennial rhizomatous derivatives of these - restricted - 100 seed per pound.
(n) Dodder (Cuscuta spp.) - restricted - 100 seed per pound.
(o) Canada Thistle (Cirsium arvense) - restricted -100 seed per pound.
(p) Quack Grass (Agropyron repens)- restricted - 100 seed per pound.
(q) Docks (Rumex spp. except hastatulus) - restricted-100 seed per pound.
(r) Giant Foxtail (Setaria faberi) - restricted - 100 seed per pound.
(s) Darnel (Lolium temulentum) - restricted - 200 seed per pound.
(t) Corncockle (Argrostemma githago) restricted - 200 seed per pound.
(u) Horsenettle (Solanum carolinense) restricted - 200 seed per pound.
(v) Silverleaf Nightshade (Solanum elaeagnifolium)-prohibited - 200 seed per pound.
(w) Buckhorn (Plantago lanceolata)- restricted - 200 seed per pound.
(x) Bracted Plantain (Plantago artistata) - restricted - 200 seed per pound.
(y) Sheep Sorrel (Rumex acetosella) - restricted - 200 seed per pound.
(z) Bermuda Grass (Cynodon spp.) - restricted
(aa) Cheat or Chess (Bromus secalinus, B. commutatus) -restricted - 300 seed per pound.
(bb) Serrated Tussock (Nassella trichotoma) -prohibited - none allowed.
(cc) Goatgrass (Aegilops spp.) - restricted - 9 seed per pound.
(dd) Sickle Pod (Senna tora) - restricted - 27 seed per pound.
(ee) Tropical Soda-Apple (Solanum viarum) - prohibited - none allowed.
(ff) Brunswick Grass (Paspalum nicorae) - restricted -300 seed per pound.
(2) When more than one species or variety of noxious weed seed are discovered in pure seed, in addition to the restrictions set out above, the following restrictions shall also apply:
(a) For seeds identified in Subrule 80-11-1-.06(1) (g) through (y), any combination of weed seed shall, also, collectively, not exceed 200 total weed seed per pound of pure seed.
(b) For seeds identified in Subrule 80-11-1-.06(1) (z) through (aa), any combination of these weed seed shall also, collectively, not exceed 300 total weed seed per pound of pure seed.
(c) The added restrictions in Subrule 80-11-1-.06(2)(a) and (b) are, in addition to, and are not to be interpreted as amending or changing the restrictions for individual species of weed seed set out in Subrule 80-11-1-.06(1) above.
History
(1) Pursuant to Code of Ala. 1975, § 2-26-5, Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub or flower seed to retail seed dealers, farmers or to others who use or plant such seed in the State of Alabama shall, before selling or offering such seed for sale or distributing or soliciting orders for the sale of such seed and on or before January 1 of each year secure an annual permit from the Commissioner of Agriculture and Industries to engage in such business. Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed by the commissioner, and such permit shall be issued upon the payment of the following permit fees when the application is in proper form:
(a) For each person engaged in selling seed at retail in closed containers or packets of eight ounces or less displayed on a supplemental container display such as a seed rack, a permit fee of $5.00 for each such supplemental container display;
(b) For each person selling seed to retail seed dealers, farmers or others who use or plant such seed, not displayed on a supplemental container display, a permit fee for each such place of business or each such representative or representatives, where such person does not maintain an established place of business in Alabama, shall be based on gross receipts from the sale of such seed for the last preceding year in Alabama as follows:
Gross Receipts Permit Fee
Receipts of $2,500.00 or less ................. $ 10.00
Receipts of $2,500.01 through $25,000.00 ...... $ 35.00
Receipts of $25,000.01 through $50,000.00 ..... $ 70.00
Receipts of $50,000.01 through $100,000.00.... $125.00
Receipts of $100,000.01 through $200,000.00... $250.00
Receipts of $200,000.01 through $300,000.00... $350.00
Receipts of $300,000.01 through $400,000.00... $450.00
Receipts of $400,000.01 through $500,000.00... $550.00
Receipts of more than $500,000.00 ............. $700.00
(c) Persons engaged in the operation of seed cleaning or processing plants, including peanut shellers, seed treaters and corn processors, and persons who purchase seed and process such seed for resale shall be required to obtain a permit as required under this section if such persons clean and/or process or treat seed at their plant, and the annual fee to be paid therefor shall be $75.00.
History
(1) The purpose of this Chapter is to set up guidelines to be used in labeling all types of seed to include chemically treated seeds. It also provides for the keeping of records and sets out charges for the testing of seeds.
(2) In recognition of the necessity of establishing clear and effective standards for the testing, analyzing and labeling of seed, and the corresponding duties and obligations of seed dealers and others engaged in the sale of seeds to test and analyze seeds and to disclose the results of such testing, seed which shall have been tested in accordance with, and meets the standards established under the Alabama Seed Law and regulations, shall be deemed to comply with all laws of this State relating to fitness and suitability for use within this State. This provision is declaratory of the laws of Alabama as they have existed since the adoption of the Alabama Seed laws.
Author: Charles H. Barnes
History
(a) The labeling information required for agricultural seed under the provisions of Code of Alabama 1975, § 2-26-7(a), with certain exceptions set out below, shall appear on a tag attached to each container in substantially the same form appearing below.
| |
| Weight ________________ Net Lot No.____________ |
| Kind and Variety _____________________________ |
| Pure Seed __________% Germ.______________% |
| Inert ________________% Hard Seed ____________% |
| Weeds ________________% Germ. & H. S.________% |
| Crop _________________% Date Tested ___________ |
| Name & No. of Noxious Weeds per Lb.__________ |
| _______________ Grown In ______________________ |
| NAME _________________________________________ |
| ADDRESS ______________________________________ |
| |
| |
| MIXTURE |
| Weight ________________ Net Lot No.________________ |
| Pure Test |
| Kind Variety Seed Germ H.S. Date |
| ______ _________ _______%_%__% ______ |
| ______ _________ _______%_%__% ______ |
| ______ _________ _______%_%__% ______ |
| ______ _________ _______%_%__% ______ |
| Weed Seed ____% Crop Seed ____% Inert Matter ______% |
| Name & No. of Noxious Weeds Per Lb.______________ |
| ________________ Grown In _________________________ |
| NAME _____________________________________________ |
| ADDRESS __________________________________________ |
(b) In lieu of using a tag as set out in subparagraph (a) above, containers in which seed corn or soybeans are sold may show the required labeling information on a sealing tape across the top of each bag, provided the seller of the seed must have first obtained approval for the use of sealing tape from the Commissioner of Agriculture and Industries prior to its use.
(c) Effective June 1, 1985, Tall Fescue (Festuca arundinacea) seed sold, offered for sale, or exposed for sale, for forage purposes, shall also be labeled to show the percentage of Fungal Endophyte (Acremonium coenophialum) infected seed, except carryover Tall Fescue seed may be labeled to show only the percentage of Live Fungal Endophyte. This information shall be stated on the analysis tags with other required labeling information and in the same size print. Tall Fescue seed will be considered as carryover if more than nine months have expired from date of production.
(d) Effective June 1, 1985, Fescue and Ryegrass seed sold, offered for sale, or exposed for sale, for lawn and turf purposes, shall be labeled to show the percentage of Fungal Endophyte infected seed, if any representations as to these Fungal Endophytes are made in the labeling or advertising of the seed. Carryover seed shall be labeled to show only the percentage of live Fungal Endophyte infected seed.
(e) The labeling requirement for all vegetable seed and lawn seed mixtures may be placed directly on the bag or container in lieu of a tag.
(f) The tag or label for tree and shrub seeds shall give the following information:
Commonly accepted common or Latin name of species.
Variety (if applicable).
New weight.
Lot number.
Year collected.
Origin. The specific locality (state and county, or Alabama zone, in the United States or nearest equivalent political unit in case of foreign countries) in which seed were collected.
Date of test (month and year).
Percentage by weight of pure seed.
Percentage by county of full seed.
Percentage by weight of inert matter.
Percentage by weight of other crop.
Percentage of germination.
Percentage of hard seed.
Speed of germination, as days to reach 90 per cent of total.
Pregermination treatment used in test.
Number of seed per pound.
Name and address of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.
The above information shall be placed on an analysis tag no smaller in size than a number 5 standard shipping tag in substantially the same order as appearing below:
| Species ________________ Variety ________________ |
| Net wt. _______ Yr. Coll. _____ Lot No.__________ |
| Origin: State _____ County ______ Ala. Zone _____ |
| Date of Test _________ Pure Seed ____________% |
| Full Seed ___________% Inert Matter _________% |
| Other Crop ____% Germination ____% Hard Seed ____%|
| Speed of Germination _______________________ Days |
| Pregermination Treatment ____ Seed Per Lb. _______|
| __________________________________________________|
| NAME _____________________________________________|
| ADDRESS __________________________________________|
(g) The zones for labeling tree seed shall be Northern (N), Central (C) and Southern (S). The above abbreviations may be used. These zones are as follows:
Author: Charles H. Barnes
History
(a) In addition to the labeling requirements for treated seed appearing in Code of Alabama 1975, § 2-26-7(e), the separate tag required for seed treated for seed-borne disease shall show the kind of chemical used and the manufacturer's recommended rate or the rate actually used.
(b) The information required for the separate tag to be placed on treated seed under § 2-26-7(e) and this Chapter shall appear on the tag in substantially the same order as appearing below:
| A R A S A N T R E A T E D |
| (THIRAM) (Red Print) |
| |
| |
| Treated at rate specified by manufacturer |
| or state the rate actually used |
| |
| DO NOT USE FOR FOOD, FEED OR |
| OIL PURPOSES |
| |
| P O I S O N T R E A T E D (Red Print) |
| (MERCURY) (Red Print) |
| (Skull & (Skull & |
| Crossbones) Treated with Ceresan crossbones) |
| Treated at rate specified by manufacturer |
| or state the rate actually used |
| DO NOT USE FOR FOOD, FEED OR |
| OIL PURPOSES |
| |
As required under law, the words "Poison Treated", appearing on the above tag shall be in heavy red type of not less than 1/4 inch.
Author: Charles H. Barnes.
History
(a) Analysis tags not bearing all of the information required under the provisions of Code of Alabama 1975, § 2-26-7, and this Chapter will be considered incomplete unless the value of such information found upon analysis is none and so stated on the tag in the proper spaces provided for such information.
(b) The words "Free" and "None" shall be construed to mean that none were found in a test complying with the methods set forth for testing seed by the Association of Official Seed Analysts.
(c) Abbreviations of names of the variety and kind of seed on the tag or tape is prohibited.
(d) Distribution or sale of cottonseed under a varietal name which is not already registered with the American Society of Agronomy is prohibited unless evidence is first furnished the Board of Agriculture and Industries showing this cotton to be true to name.
(e) The place of origin shall not be used in connection with the name of variety or kind of seed, unless it is a part of the generally accepted name of kind or variety. Modifying words or phrases shall not be used in connection with the variety, as for example, "type", "for forage purposes", etc.; nor shall group names be used as varietal names.
(f) Brand names, designs, grades or pictures indicating a condition or quality other than that required or shown on the analysis tag, or corresponding with that on the analysis tag, or indicating contradictions to any part of the analysis is prohibited.
(g) Alabama dealers will not be held responsible for representations made as to the variety or kind of seed when such varieties or kinds are not distinguishable by seed characteristics if the dealer secures and retains a grower's declaration or statement from the shipper that he has reason to know that the seed in question are true to variety or kind.
(h) For vegetable seed packed in containers of eight ounces or less, the year in which packed may be stated in lieu of the date of test and the percentage of germination need not be shown on the container for vegetable seed which germinate above the standard last established by the State Board of Agriculture and Industries.
Author: Charles H. Barnes
History
(a) In addition to the record keeping requirements under Code of Alabama 1975, § 2-26-10, all seedsmen are also required to keep records of receipts, sales and deliveries of all seed for a period of not less than three years, (except retail sales and deliveries by dealers) for inspection purposes. Such records shall include:
Original shipper's analysis tag.
If lot numbers are changed, both the original and changed numbers shall be kept on record.
Copy of laboratory analysis identified by lot number from the original grower, shipper or firm responsible for analysis.
Such other available information as is needed for identification of shipment of lots of seeds.
(b) Records shall be kept on tree and shrub seed the same as any other seeds under § 2-26-10 of this Chapter.
(c) All seed sold or offered for sale in Alabama may be sold in any size bags or containers, provided the bags or containers within each lot of seed are of uniform sizes and weights and further provided the net weight is stated on the analysis tag, except as stated below.
Single cross hybrid corn seed only may be sold or offered for sale in bags weighing not less than 42 pounds net weight nor more than 56 pounds net weight, without complying with uniform weight requirements, provided the number of seed contained in the bag is shown on the analysis tag and the net weight thereof is shown on the bag or tag attached to each bag.
(d) With the exception of sales of each kind and variety of vegetable seed, of less than $25.00, all sales of agricultural or vegetable seed when sold by a seed dealer, must meet the following requirements:
An invoice or sales ticket shall be issued by the seller which shall include thereon the name and address of the seller and the purchaser, the kind and variety of seed, the quantity in each lot and the lot number or numbers for each kind and variety of such seed sold or delivered.
Copies of the invoices or sales tickets containing the above record information shall be kept by the seller for a period of not less than 12 months from the date of such sale.
Author: Charles H. Barnes.
History
(a) Alabama farmers shall be entitled to submit to the Seed Laboratory of the Department of Agriculture and Industries seed samples to be analyzed and tested free of charge, provided that not more than the equivalent of Ten Dollars ($10.00) worth of free seed testing services will be provided to any farmer within a period of one month.
(b) Seed testing and analysis for farmers in excess of $10.00 per month and for seed dealers and non-farmers shall be charged as follows:
Group 1
Barley, Wheat, Rye, Field Peas (Austrian), Corn, Lupine, Sorghum, Vetch and Rough Peas ---------- $3.00
Group 2
Soybeans, Cowpeas, Velvet Beans, Partridge Peas, Crotalaria, Peanuts, Button Clover, Crimson Clover, Lespedeza, Ryegrass (except fluorescence test), Fescue, Millet, Sudan Grass, Alfalfa, Cotton and Rescue Grass -------------- $4.00
Group 3
Johnson Grass, Bermuda Grass, Centipede Grass, Alsike Clover, White Clover, Alyce Clover, Ladino Clover, Persian Clover, Lappacea Clover, Red Clover, Ball Clover, Hop Clover, Oats, Carpet Grass, Redtop, Dallis Grass, Kentucky Bluegrass, Orchard grass and Love Grass --------------------------------- $5.00
Bahia Grass: Hulled Samples ------------------------- $10.00
Unhulled Samples ------------------------------------- $5.00
All Groups Deduct ------------------------------------ $1.00
For germination test only, except when a purity test is required in order to conduct the germination test, examination for noxious weeds only, varietal determination only and moisture test only
per sample ------------------------------------------- $2.00
Vegetable Seed --------------------------------------- $2.00
Fluorescence Test for Ryegrass -------------------- $3.00
Vigor test for all varieties of seed -------------- $1.00
Note: Pending the promulgation by the Association of Official Seed Analysts of uniform seed vigor testing procedures in its Rules For Testing Seeds, and the recognition and adoption of such testing procedures and corresponding labeling requirements relating to vigor under Alabama seed laws and regulations, persons requesting vigor tests are cautioned to only use the results for personal information. Pending the above, advertising or warranting of vigor in the selling of seed is prohibited. No Alabama dealer or other person offering seed for sale within this State shall be under a duty to conduct or secure tests for vigor or to disclose by label or otherwise any information relating to vigor.
(c) Seed not listed above will be charged according to other seed of similar size.
(d) All of the above prices apply only to seed that have been properly cleaned, and also to each kind or variety of seed in a mixture
Author:
History
The rules of procedure shall govern all parties who either bring actions or who are required to respond or defend against actions brought before the Seed Investigation and Arbitration Committee.
Author: Charles H. Barnes
History
Notice of hearings authorized under Code of Alabama (1975), § 2-26-75, shall be in writing by certified or registered mail. All parties, or the parties attorneys if they are represented by counsel, shall receive written notice of the hearing no later than two weeks prior to the hearing. This two-week prior notice may be waived if all parties so agree.
Author: Charles H. Barnes
History
All hearings conducted shall be recorded by any method of recording that faithfully and accurately records the hearing. Transcripts and copies of any hearing shall not be available to anyone unless the Committee in its discretion so orders that a transcript of the hearing be produced. Any person who participates in a hearing who also wishes the hearing recorded may do so at his own expense. If the person uses an official court reporter or hearings reporter to record a hearing and the hearing is transcribed, the Committee shall be entitled to a copy of said transcript at no expense to the Committee.
Author: Charles H. Barnes
History
(1) The party filing the complaint shall have the burden of proof at the hearing and shall be entitled to proceed first. The party defending shall be entitled to offer rebuttal evidence.
(2) Any issue presented by the complainant which is admitted by the required answer shall not have to be proved.
Author: Charles H. Barnes
History
Any party to a hearing may represent himself or be represented by legal counsel. No person other than the party or his or her legal counsel shall be allowed to represent a party. The Committee may in its discretion, at the request of a party or on its own motion, waive the provisions of this rule.
Author: Charles H. Barnes
History
Any testimony by anyone shall be only under oath. Said oath shall be administered by the Chairman or any other member of the Committee whom the Chairman may designate.
Author: Charles H. Barnes
History
The following requirements are mandatory and the Committee may refuse in its discretion to consider any complaint which fails to comply with any one of the following requirements:
(a) Failure of complainant to submit $10.00 with his complaint.
(b) Failure of the complainant to substantially conform to the requirements for the complaint set out in Code of Alabama 1975, § 2-26-74.
(c) Failure of the complainant to mail copies of the complaint to the seed dealer in the manner prescribed under § 2-26-74 above.
(d) Failure or refusal of the complainant to furnish any records or documents or materials, if such are available to him, or under his control, upon request by the Committee.
(e) Failure or refusal of the complainant to testify at any hearing under oath if requested to do so by the Committee, or by any party.
Author: Charles H. Barnes
History
Any evidence of probative value, to include hearsay if it is determined to be of probative value by the Committee shall be allowed to be presented at a hearing. The Committee may, in its discretion, disallow any evidence it considers repetitious or of no benefit to the Committee in arriving at a just conclusion.
Author: Charles H. Barnes
History
The rules set out in Code of Alabama 1975, § 41-22-13, for contested cases under the Administrative Procedure Act shall prevail and the Committee shall follow these rules of evidence as much as possible and practical for any hearing.
The following requirements of any respondent to a complaint are mandatory and the Committee may, in its discretion, consider a complaint deemed admitted if any one of the following requirements are not met:
(a) Failure or refusal of a party to answer a complaint if required to do so under § 2-26-74, and after he has been so advised to answer by the Committee.
(b) Failure or refusal of a respondent to furnish any records, documents or materials, if such are available to him, or under his or her control, upon request by the Committee.
(c) Failure or refusal of a respondent to substantially conform to respondent's requirements under § 2-26-74 above.
(d) Failure or refusal of respondent to testify under oath at any scheduled hearing if requested to do so by the Committee or by any party.
Author: Charles H. Barnes
History
The Committee shall have full discretion as to when and where a hearing shall be scheduled, or to ever schedule one unless there is a request for a hearing by any party. If a hearing is requested by a party, the request will be honored, but when and during what stage of the investigation shall be at the discretion of the Committee.
Author: Charles H. Barnes
History
The Committee shall have the authority, on its own motion, to introduce or take into account any evidence, or request the testimony of anyone deemed necessary by the Committee at any hearing or in the consideration of arriving at a just conclusion of a complaint.
Author: Charles H. Barnes
History
Any Committee member may conduct any discovery in connection with an investigation, the subject of a complaint filed with the Committee, without receiving written permission to do so by the Chairman. This discovery may or may not be considered by the entire Committee.
Author: Charles H. Barnes
History
(1) Under authority of Code of Alabama 1975, § 2-20-1, which regulates and prescribes requirements for the sale of certain grains in containers, the following chapter is hereby approved and adopted by the State Board of Agriculture and Industries relating to the grades of corn, oats, rye, wheat and barley which must appear on the labels of packages or other containers in which such grains are sold or offered for sale.
(2) This chapter also provides for adoption of USDA grade standards that apply to any agricultural commodities and their sale.
Author: Charles H. Barnes
History
The grades for corn, oats, rye, wheat, barley, grain sorghum and beans as set forth and established in the U. S. Grain Standards Act or rules and regulations promulgated thereunder are hereby adopted to govern the sale of such grains in Alabama.
Author: Charles H. Barnes
History
In addition to the other information required by law or regulations to appear on labels or tags of each container in which corn, oats, rye, wheat, barley, grain sorghum and beans are sold or offered for sale in Alabama, there shall also plainly appear thereon the grade of such grains as hereinabove adopted in Rule 80-12-1-.02.
Author: Charles H. Barnes
History
USDA Grade Standards are hereby adopted for all agricultural commodities grown in or inspected in Alabama, with the exception of those commodities set out in rules 80-12-1-.02 and 80-12-1-.06.
Author: Charles H. Barnes
History
All sweet potatoes offered for sale or sold in commercial channels in the State of Alabama for the fresh market shall be sold only in standardized containers and shall be of not less than a U.S. No. 2 grade. "Standardized containers" as used herein shall include any cardboard box, wirebound crate or tubtype basket of not more than one bushel and consumer packages of smaller size.
Author: Charles H. Barnes
History
There is hereby established an Alabama utility grade for potatoes which shall meet the following standards.
(a) Alabama Utility shall meet the requirements of the U.S. No. 2 Grade except that in order to allow for variations other than size, Hollow Heart and internal discoloration, incident to proper grading and handling, not more than a total of 10 per cent of the potatoes in any lot may fail to meet the requirements of the U.S. No. 2 Grade, but not more than three per cent shall be allowed for potatoes affected by Southern Bacterial Wilt, Ring Rot, or Late Blight, and including not more than one per cent for potatoes which are frozen or affected by soft rot or wet breakdown. In addition, not more than 15% may be seriously damaged by Hollow Heart and internal discoloration.
(b) With the exception of the above utility grade, potatoes shall be graded as provided in rule 80-12-1-.04.
Author: Charles H. Barnes
History
The purpose of this chapter is to prescribe standards to be used in weighing, measuring, labeling and packaging various commodities sold in Alabama.
That regulation entitled, Specifications, Tolerances, Technical Requirements and Regulations of the State Board of Agriculture and Industries for Commercial Weighing and Measuring Devices, dated February 15, 1980 and effective January 15, 1979, and paragraph no. 14 only of that regulation entitled, Rules and Regulations Adopted by the State Board of Agriculture and Industries for the Enforcement of Article 18, Relating to Foods, Drugs, of Chapter 1, Title 2, Code of Alabama of 1940, said paragraph No. 14 entitled, "Statement of Weight, Measure, or Count", are hereby repealed.
Author: Charles H. Barnes
History
This chapter shall apply to all packages and commodities in package form, with the exception of the following:
(a) Inner wrappings not intended to be individually sold to the customer.
(b) Shipping containers or wrappings used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities as defined herein.
(c) Auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity.
(d) Containers used for retail tray pack displays when the container itself is not intended to be sold (e.g., the tray that is used to display individual envelopes of seasonings, gravies, etc., and the tray itself is not intended to be sold), or
(e) Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by this regulation.
Author: Charles H. Barnes
History
As applied to this chapter, the following terms or words shall have the meanings defined below:
(a) "Weight" shall mean the net weight, as provided in Code of Alabama 1975, § 8-16-91. If the commodity is sold by drained weight, then the term shall mean net drained weight.
(b) "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.
(c) "Package" means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale.
(d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possession.
(e) "Nonconsumer package" ordinarily means packages intended solely for industrial or institutional use or wholesale distribution.
(f) "Principal display panel or panels" means that part or parts of a label that is or are so designated as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."
(g) "Multi-unit package" means a package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multi-unit package, but capable of being individually sold.
(h) "Random package" means a package which is one of a lot, shipment, or delivery of packages of the same commodity with varying weights.
Author: Charles H. Barnes
History
Under the provisions of Code of Ala. 1975, § 8-16-17, the National Institute Of Standards And Technology No. 44 and No. 13 0 all amendments and supplements thereto are adopted as the official standards for Alabama. Any portion of said Handbooks No. 44 and No. 13 0 the supplements and amendments thereto in conflict with Alabama statutes or regulations shall be disregarded and not made a part of this regulation.
In addition to Handbook No. 44 Section 2.20 UR.2.6.1 (a), (b), and (c), scales installed in any one location shall have not less than 3 meters (10 feet) of any approach adjacent to the platform constructed of concrete to ensure that this portion remains smooth and level and in the ame plane as the platform; however, steel grating of sufficient strength to withstand all loads equal to the concentrated load capacity of the scale may be installed in this portion. Any slope in the remaining portion of the approach referred to in (c) above shall be no more than 1/2 inch per foot and be constructed of conrete.
History
Commodities in liquid form shall be sold by liquid measure, and commodities not in liquid form shall be sold by weight, or by measure, or by count, so long as the method of sale provides accurate quantity information. The quantity of viscous or semi-solid foods or of mixtures of solids and liquids may be stated either by weight or measure but the statement shall be definite and shall indicate whether the quantity is expressed in terms of weight or measure, as for example, "weight 12 oz. " or "12 oz. avoirdupois", "Volume 12 oz." or "12 fluid ounces." However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.
Author: Charles H. Barnes
History
(1) Any package kept for the purpose of sale shall bear on the outside of the package a plain, definite and conspicuous declaration of the following:
(a) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container.
(b) The quantity of contents in terms of weight, measure, or count.
(c) The name and place of business of the manufacturer, packer, or distributor, in the case of any package kept offered, or exposed for sale, or sold, in any place other than on the premises where packed.
(2) In addition to the above requirements, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of quantity as is required to appear on the package. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
(3) A declaration of identity on a consumer package shall appear on the principal display panel and shall positively identify the commodity in the package by its common or usual name, description, generic term or the like. This declaration shall appear generally parallel to the base on which the package rests as it is designed to be displayed.
(4) Declarations of identity on nonconsumer packages shall positively identify the commodity in the package by its common or usual name description, generic name or the like.
(5) All packages offered or exposed for sale at any place other than on the premises where packed shall also, on the label, specify the name and address of the manufacturer, packer or distributor. This address must be full and complete.
(a) If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as "Manufactured for and packed by ________","Distributed by _____" or any other wording of similar import that expresses the facts.
Author: Charles H. Barnes
History
(1) The declaration of quantity as required for consumer packages under Rule No. 80-13-1-.07(1)(b) shall be expressed in terms of the largest whole unit of weight or measure. If there is any remainder it shall be expressed as common or decimal fractions of such largest whole unit or the next smaller whole unit with any further remainder as common or decimal fractions.
(a) As required under Code of Ala. 1975, § 8-16-91 the declaration of quantity shall be net weight. The word "net" shall be used in conjunction with the declaration of quantity.
(2) The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or in terms of weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count or measure.
(a) A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.
(b) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count, and size of the individual units unless a declaration of measure alone is fully informative.
(c) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative.
Author: Charles H. Barnes
History
(1) Weight and measurement shall be as follows:
(a) Units of weight shall be in terms of the avoirdupois pound or ounce.
(b) Units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at 68 degrees F except in the case of petroleum products, for which the declaration shall express the volume at 60 degrees F, and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40 degrees F.
(c) Units of linear measure shall be in terms of the yard, foot, or inch.
(d) Units of area measure shall be in terms of the square yard, square foot, or square inch.
(e) Units of volume measure shall be in terms of the cubic yard, cubic foot or cubic inch.
(f) Units of dry measure shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel.
(g) Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement on a package of commodity:
avoirdupois avdp ounce oz
cubic cu pint pt
feet ft pound lb
fluid fl quart qt
gallon gal square sq
inch in weight wt
liquid liq yard yd
(h) When the term "ounce" is employed in a declaration of liquid quantity, the declaration shall identify the particular meaning of the term by the use of the term "fluid"; however, such distinction may be omitted when, by association of terms (for example, as in "1 pint 4 ounces"), the proper meaning is obvious. Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word "dry".
(2) Weight and measure may also be expressed by metric system so long as the weight and measurements set out in Rule No. 80-13-1-.08(1) above are displayed in equal prominence. Expression in the metric system shall be as follows:
(a) Units of weight shall be in terms of the kilogram, gram, or milligram.
(b) Units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at 20 degrees C, except in the case of petroleum products, for which the declaration shall express the volume at 15 degrees C, and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 4 degrees C.
(c) Units of linear measure shall be in terms of the meter, centimeter, or millimeter.
(d) Units of area measure shall be in terms of the square meter or square centimeter.
(e) Units of volume other than liquid measure shall be in terms of the liter and milliliter, except that the terms "cubic meter" and "cubic centimeter" will be used only when specifically designated as a method of sale.
(f) Any of the following symbols for metric units, and none other, may be employed in the quantity statement on a package of commodity:
kilogram kg centimeter cm
gram g millimeter mm
milligram mg square meter m2
liter L or l square centimeter cm2
milliliter mL or ml cubic meter m3
meter m cubic centimeter cm3
(3) Weight or measure of less than 1 foot, 1 square foot, 1 pound, or 1 pint shall be expressed in the following terms:
(a) In the case of length measure of less than 1 foot, inches and fractions of inches.
(b) In the case of area measure of less than 1 square foot, square inches and fractions of square inches.
(c) In the case of weight of less than 1 pound, ounces and fractions of ounces.
(d) In the case of liquid measure of less than 1 pint, fluid ounces and fractions of fluid ounces.
(e) The quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than two decimal places.
(4) On packages containing 1 pound or more but less than 4 pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit, provided, that the quantity declaration appearing on a random package may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places.
(5) On packages containing 1 pint or more, but less than 1 gallon, the declaration shall be expressed in fluid ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(6) On packages containing 1 foot or more, but less than 4 feet, the declaration shall be expressed in inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(7) On packages containing 1 square foot or more but less than 4 square feet, the declaration shall be expressed in square inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(8) In case of a length measure of more than 4 feet, the declaration of quantity shall be expressed in terms of feet, followed in parentheses by a declaration of yards and common or decimal fractions of the yard, or in terms of feet followed in parentheses by a declaration of yards with any remainder in terms of feet and inches. In the case of area measure of more than 4 square feet or more than 4 pounds or liquid measure of 1 gallon or more, the declaration of quantity shall be expressed in terms of the largest whole unit.
(9) For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed as follows:
(a) If less than 1 square foot, in terms of linear inches and fractions of linear inches.
(b) If at least 1 square foot but less than 4 square feet, in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit, provided that:
no square inch declaration is required for a bidimensional commodity of 4 inches width or less
a dimension of less than 2 feet may be stated in inches within the parenthetical declaration, and
commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, require a declaration of unit area but not a declaration of total area of all such units.)
(c) If 4 square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole unit, provided that
no declaration in square feet is required for a bidimensional commodity with a width of 4 inches or less,
bidimensional commodities, with a width of 4 inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit [Example: 2 inches by 360 inches (10 yards)],
a dimension of less than 2 feet may be stated in inches within the parenthetical declaration.
(d) No declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.
(10) Weight and measure of less than I meter, 1 square meter, 1 kilogram or 1 liter shall be expressed in terms of the following:
(a) In the case of length measure of less than 1 meter, centimeters or millimeters.
(b) In the case of area measure of less than 1 square meter, square centimeters and decimal fractions of square centimeters.
(c) In the case of weight of less than 1 kilogram, grams and decimal fractions of a gram, but if less than 1 gram, then in milligrams.
(d) In the case of liquid or dry measure of less than one liter, milliliters.
(e) The quantity declaration appearing on a random weight package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.
(11) Weight and measure of more than 1 meter, 1 square meter, 1 liter shall be expressed as follows:
(a) Length measure of 1 meter or more; in meters and decimal fractions to not more than two places.
(b) Area measure of 1 square meter or more; in square meters and decimal fractions to not more than two places.
(c) Weight of 1 kilogram or more; in kilograms and decimal fractions to not more than two places.
(d) Liquid or dry measure of 1 liter or more; in liters and decimal fractions to not more than two places.
(12) Bidimensional commodities (including roll-type commodities) shall be expressed as follows:
(a) If less than 1 square meter in terms of length and width.
(b) If one square meter or more, in terms of square measure followed in parentheses by a declaration of length and width, provided that
quantity declarations on bidimensional commodities with a width of 100 milliliters or less may be expressed in terms of width and length only.
commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations) require a declaration of unit area but not a declaration of total area of all such units.
no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.
If the commodity is in individually usable units of one or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this regulation, include the number of ply and total number of usable units. Roll-type commodities, when perforated so as to identify individual usable units; however, such roll-type commodities shall be labeled in terms of total area measurement, number of ply, count of usable units, and dimensions of a single usable unit.
(13) Fractions shall be expressed as follows:
(a) Metric: A metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.
(b) Inch-Pound: An inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds, except that
if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed, and
if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.
(c) Common fractions: A common fraction shall be reduced to its lowest term (Example: 2/4 becomes 1/2.
(d) Decimal fractions: A decimal fraction shall not be carried out to more than two places.
(14) The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (e.g. "giant" quart, "larger" liter, "full" gallon, "when packed", "minimum", or words of similar import).
(15) An equivalent statement of the net quantity of contents in terms of either the inch-pound or metric system is not regarded as a supplemental statement and such statement may also appear on the principal display panel, provided that it conforms to Rule no. 80-13-1-.09(1) &(2).
(16) In all conversions for the purpose of showing an equivalent metric or inch-pound quantity to a rounded customary or metric quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated. As a general rule, converted values should be rounded down by dropping any digit beyond the first three. (Example: 196.4 grams becomes 196 grams or 1.759 feet becomes 1.75 feet.)
(17) In no case shall any declaration of quantity be qualified by the addition of the words "when packed", "minimum" or "not less than", or any words of similar import, nor shall any unit of weight, measure, or count be qualified by any term (such as "jumbo", "giant", "full", or the like) that tends to exaggerate the amount of commodity.
Author: Charles H. Barnes
History
(1) All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
(2) The declaration or declarations of quantity of the contents of a package shall appear in the bottom 30 per cent of the principal display panel or panels. For cylindrical containers, see also Rule no. 80-13-1-.11(7) for additional requirements.
(3) The declaration or declarations of quantity shall be in such a style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, formed or molded on the surface.
(4) The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that declaration of net quantity blown, formed or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color.
(5) The area surrounding the quantity declaration shall be free of printed information above and below, by a space equal to at least the height of the lettering in the declaration and to the left and right, by a space equal to twice the width of the letter "N" of the style and size of type used in the declaration.
(6) The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package tests as it is designed to be displayed.
(7) The square inch area of the principal display panel shall be as follows:
(a) In the case of a rectangular container, one entire side which properly can be considered to be the principal display panel, the product of the height times the width of that side.
(b) In the case of a cylindrical or nearly cylindrical container, 40 per cent of the product of the height of the container times the circumference; or
(c) In the case of any other shaped container, 40 per cent of the total surface of the container, unless such container presents an obvious principal display panel (e.g. the top of a triangular or circular package of cheese, or the top of a can of shoe polish), the area shall consist of the entire surface.
(d) Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.
(8) The height of any letter or number in the required quantity declaration shall be not less than that shown in paragraph no. (9) below with respect to the square inch area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards. No number or letter shall be more than three times as high as it is wide.
(9) Minimum height of numbers and letters shall be as follows:
See table at http://www.alabamaadministrativecode.state.al.us/docs/agr/index.html
(10) All information required to appear on a non- consumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
(1) For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.
(2) When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.
(3) The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.
(4) Any package containing more than one individual "commodity in package form" of the same commodity shall bear on the outside of the package a declaration of
(a) The number of individual units.
(b) The quantity of each individual unit, and
(c) The total quantity of the contents of the multi-unit package, provided that the requirement for a declaration of the total quantity of contents of a multi-unit package shall be effective with respect to those labels revised after the effective date of this regulation. Any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.
(5) Any package containing individual units of dis- similar commodities (such as an antiquing kit, for example) shall bear on the label of the package a quantity declaration for each unit.
(6) Any package containing individual units or reasonably similar commodities (such as, for example, seasonal gift packages, variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package.
(7) In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 per cent of the circumference which is most likely to be displayed, presented, shown or examined under customary conditions of display for retail sale.
(8) Commodities designed and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:
(a) For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated foil or otherwise).
When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed in inches except that a dimension of 2 feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot. (Example: "25 bags, 17 in. x 20 in." or "100 bags, 20 in. x 2 ft. 6 in." or "50 bags, 20 in. x 2 1/2 ft.")
When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, in terms of inches, except that any dimensions of 2 feet or more will be expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot. (Example: "25 bags, 17 in. x 4 in. x 20 in." or "100 bags, 20 in. x 12 in. x 2 1/2 ft.")
(b) For other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than 2 inches. (Example: "2 cake pans, 8 in. x 8 in." or "roasting pan, 12 in. x 8 in. x 2 in.")
(c) For circular or other generally round-shaped containers, except cups, and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than 2 inches. (Example: "4 pie pans, 8 in. diameter x 4 in.")
(9) When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances, such references shall be a part of the net quantity statement and shall specify capacity as follows:
(a) Liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce), with any remainder in terms of the common or decimal fractions of that unit. (Example: Freezer boxes - "4 boxes, 1 qt. capacity, 5 in. x 4 in. x 3 in.")
(b) Dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with any remainder in terms of the common or decimal fraction of that unit. (Example: Leaf bags - "8 bags, 6 bushel capacity, 3 ft. x 5 ft.")
(c) Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent container. (Example: Garbage can liners - "10 liners, 2 ft. 6 in. x 3 ft. 9 in., fits up to 30-gallon cans.")
(10) Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count, as required by Rule no. 80-13-1-.08(2) of this chapter.
(11) Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, nonrectangular diapers, slip covers, etc., shall be exempt from the requirements of Rule no. 80-13-1-.09(9) provided that
(a) The quantity statement for fitted sheets and mattress covers shall state, in inches, the length and width of the mattress for which the item is designed, such as "twin", "double", "king ", etc. (Example: "Twin fitted sheet for 39 x 75 in. mattress.)"
(b) The quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin", "double", "king" etc. The quantity statement also shall state, in inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in inches, or the length and width of the sheet before hemming. (Example: "Double flat sheet for 54 x 75 in. mattress (81 x 104 in. before hemming.)"
(c) The quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as "youth", "standard", and "queen", etc. The quantity statement also shall state, in inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in inches, of the length and width of the pillowcase before hemming. Example: "Standard pillowcase for 20 x 26 in. pillow (42 x 36 in. before hemming.")
(d) The quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as "twin", "double", "king", etc.
(e) The quantity statement for tablecloths and napkins shall state, in inches, the length and width of the finished item. The quantity statement also may state parenthetically, in inches, the length and width of the item before hemming and properly identified as such.
(f) The quantity statement for curtains, drapes, flags, furniture scarfs, etc., shall state, in inches the length and width of the finished item. The quantity statement also may state parenthetically, in inches, the length of any ornamentation.
(g) The quantity statement for carpets and rugs shall state, in feet, with any remainder in common or decimal fractions of the foot or in inches, the length and width of the item. The quantity statement also may state parenthetically, in inches, the length of any ornamentation.
(h) The quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc., shall state, in inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions.
(i) The quantity statement for textile products such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be stated in terms of count, and may include size designations and dimensions.
(j) The quantity statement for other than rectangular textile products set out above shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape. Example: "Oval tablecloth 54 x 42 in." representing the maximum length and width in this case.
(k) The quantity statement for packages of remnants of textile products of assorted sizes, when by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants.
(12) Textiles shall be allowed the following deviations from declared dimensions:
(a) For an item with no declared dimensions less than 24 inches, a minus variation greater than 2 per cent of a declared dimension and a plus variation greater than 6 per cent of a declared dimension should be considered unreasonable.
(b) For an item with a declared dimension less than 24 inches, a minus variation greater than 6 per cent of a declared dimension and a plus variation greater than 6 per cent of a declared dimension should be considered unreasonable.
(13) Variety packages of textiles which are required by reason of Rule no. 80-13-1-.08(2)(b) to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this regulation for:
(a) Location (see Rule no. 80-13-1-.10(2)
(b) Free area (see Rule no. 80-13-1-.10(5)
(c) Minimum height of numbers and letters (see Rule No. 80-13-1-.10(8).
(14) Sewing and handicraft threads shall be exempt from the requirements of Rule No. 80-13-1-.09(8) provided that:
(a) The net quantity statement for sewing and handicraft threads shall be expressed in terms of yards.
(b) The net quantity statement for yarns shall be expressed in terms of weight.
(c) Thread products may, in lieu of name and address, bear a trademark, symbols, brand or other mark that positively identified the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the director.
(d) Each unit of industrial thread shall be marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net yards of thread on each bobbin.
(15) Packages of seed intended for planting along with complying with all applicable seed regulations, shall also comply with packaging as required in this regulation, except as follows:
(a) The quantity statement shall appear in the upper 30 per cent of the principal display panel.
(b) The quantity statement shall be in terms of the largest whole unit of the metric system for all weights up to one-fourth ounce, and in the avoirdupois system for all other weights up to eight ounces; packaged seeds eight ounces or more shall not be subject to this requirement.
(c) The quantity statement for coated seed, encapsulated seed, pelletized seed, pre-planters, seed tapes, etc., shall be in terms of count.
(1) Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit.
(2) A random package bearing a label conspicuously declaring net weight, price per pound and the total price shall be exempt from the type size, dual declaration, placement, and free area requirements. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail.
(3) Individually wrapped pieces of "penny candy" and other confectionery of less than one-half ounce net weight per individual piece shall be exempt from labeling requirements when the container in which such confectionery is shipped is in conformance with the labeling requirements of this regulation. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from labeling requirements, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this regulation.
(4) Individual serving-size packages of foods containing less than one-half ounce or less than one-half fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents.
(5) When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to labeling requirements, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.
(6) Nothing in this regulation shall be deemed to preclude the continued use of reusable (returnable) glass containers, provided that such glass containers ordered after the effective date of this regulation shall conform to all requirements of this regulation.
(7) Cartons of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this chapter, shall be exempt from the requirements set forth in Rule no. 80-13-1-.10(2) - location; Rule No. 80-13-1-.10(8) minimum height of numbers and letters; and Rule no. 80-13-1-.11(4) multi-unit packages, provided that such cartons bear a declaration of the net quantity of commodity in the package.
(8) Packages of meat and meat products, poultry, and poultry products, tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from the requirements set forth in Rule No. 80-13-1-.09(4) - weight: dual declaration; 80-13-1-.09(5) fluid measure: dual quantity declaration; 80-13-1-.09(7) - area measure: dual- quantity declaration; 80-13-1-.10(2) - location; and 80-13-1-.10(8) - minimum height of numbers and letters, provided that quantity labeling requirements for such products are specified in federal law, so as to follow reasonably sound principles of providing consumer information.
(9) Fluid dairy products, ice cream, and similar frozen desserts may be packaged as follows:
(a) When packaged in one-half-liquid-pint and one-half-gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as one-half pint and one-half gallon, respectively.
(b) When packaged in 1-liquid-pint, 1-liquid-quart, and one-half-gallon containers, are exempt from the dual net contents declaration requirements of Rule no. 80-13-1-.09(5).
(c) When measured by and packaged in one-half-liquid-pint, 1-liquid-pint, 1-liquid-quart, one-half-gallon, and 1-gallon measure containers as defined in "Measure-Container Code of National Bureau of Standards Handbook 44", are exempt from the requirements of Rule no. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel.
(d) Milk and milk products, when measured by and packaged in glass or plastic containers of one-half-liquid-pint, 1-liquid-quart, one-half-gallon, and one-gallon capacities, are exempt from the placement requirement of Rule No. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel, provided that other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that is at or above the shoulder of the container.
(10) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water may be packaged as follows:
(a) When packaged in glass, plastic, or fluid milk type paper containers of 8 and 64-fluid- ounce capacity, are exempt from the requirements of Rule no. 80-13-1-.09(l)(b) to the extent that net contents of 8 fluid ounces (or half pint) and one-half gallon respectively.
(b) When packaged in glass, plastic, or fluid milk type paper containers of 1-pint, 1-quart, and one-half gallon capacities, are exempt from the dual net contents declaration requirements of Rule No. 80-13-1-.09(5).
(c) When packaged in glass or plastic containers of one-half-pint, 1-pint, 1-quart, one-half gallon, 1-gallon capacities, are exempt from the placement requirements of Rule No. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel, provided that other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.
(11) Bottles of soft drinks shall be exempt from the placement requirements for declarations as follows:
(a) Identity, when such declaration appears on the bottle closure, and
(b) Quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this ordinance appears only on the bottle closure.
(12) Multi-unit packages of soft drinks are exempt from the requirements for declarations as follows:
(a) Responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declarations will be found on the individual units inside, and
(b) Identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.
(13) When, packaged in 4-ounce, 8-ounce, and 1-pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (Rule No. 80-13-1-.10(9) and the net quantity declaration (Rule no. 80-13-1-.10(6)) be generally parallel to the base of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the requirement for location (Rule No. 80-13-1-.10(2)) of net quantity declaration and, when packaged in 1-pound units, is exempt from the requirement for dual quantity declaration (Rule No. 80-13-1-.09(4)).
(14) Cartons containing 12 eggs shall be exempt from the requirement for location (Rule No. 80-13-1-.10(2)) of net quantity declaration. When such cartons are designed to permit diversion in half, each half shall be exempt from the labeling requirements of this ordinance if the undivided carton conforms to all such requirements.
(15) Packages of wheat flour packaged in units of 2, 5, 10, 25, 50, and 100 pounds shall be exempt from the requirement in this chapter for location (Rule No. 80-13-1-.10(2)) of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirement for a dual quantity declaration (Rule No. 80-13-1-.09(4)).
(16) On a principal display panel of five square inches or less, the declaration of quantity need not appear in the bottom 30 per cent of the principal display panel if that declaration satisfies the other requirements of this ordinance.
(17) The principal display panel of a cosmetic marketed in a "boudoir-type" container, including decorative cosmetic containers of the "cartridge", "pill box", "compact", or "pencil" variety, and those with a capacity of one-fourth ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this regulation.
(18) Combination packages are exempt from the require- ments in this chapter for:
(a) Location (see Rule No. 80-13-1-.10(2)).
(b) Free area (see Rule No. 80-13-1-.10(5)).
(c) Minimum height of numbers and letters (see Rule No. 80-13-1-.10(8)).
Margarine in 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for location (see Rule No. 80-13-1-.10(2)) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration (see Rule No. 80-13-1-.09(4)).
(20) Corn flour packaged in conventional 5, 10, 25, 50, and 100-pound bags shall be exempt from the requirement in this regulation for location (see Rule No. 80-13-1-.10(2)) of the net quantity declaration.
(21) Prescription and insulin-containing drugs subject to the provisions of section 503(b) or 506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this chapter.
(22) Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this chapter which specify how measurement of commodities should be expressed, provided that
(a) The net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet of usable film contained therein.
(b) The net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement. (Example: "36 exposures, 36 x 24 mm" or "12 exposures, 2 1/4 x 2 1/4 in.")
(23) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packaged in 1-liquid-pint and 1-liquid-quart units shall be exempt from the dual quantity declaration requirements of Rule no. 80-13-1-.09(4).
Tint base paint may be labeled on the principal display panel, as required by this chapter, in terms of a quart or a gallon including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.
Whenever the above conditions cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.
(24) Antifreeze, when packed in 1-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of Rule no. 80-13-1-.09(4).
(25) Motor oils, when packed in 1-liquid-quart units, shall be exempt from the dual quantity declaration require- ments of Rule No. 80-13-1-.09(4). Additionally, motor oil in 1-liquid-quart, 1-gallon, 1 1/4-gallon, 2-gallon and 2 1/2-gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of Rule No. 80-13-1-.07(3), to the extent that the SAE viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least one-fourth inch.
(26) Products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements for placement (Rule No. 80-13-1-.07(3)(5)), location (Rule No. 80-13-1-.10(2)), size of letters or numbers (Rule No. 80-13-1-.10(8)) and free area (Rule No. 80-13-1-.10(5)) and the declarations of identity and responsibility are presented on a permanently attached label and satisfy the other requirements of this chapter; and further provided that the information on such permanently attached label is fully observable to the purchaser.
(27) Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from the requirements of Rule No. 80-13-1-.08, Declaration of Quantity, while moving in commerce and while held for sale prior to weighing and marking, provided that the outside container bears a label declaration of the total net weight.
(28) When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this chapter, except that those containing 6 or less items need not include a statement of count.
(29) Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of Rule No. 80-13-1-.09(4), provided that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this regulation.
(1) Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity, that is kept, offered, or exposed for sale, or sold, is below the quantity stated, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.
(2) Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce, provided that the phrase "introduced into intrastate commerce" as used above shall be construed to define the time and the place at which the first sale and delivery of a package is made within this jurisdiction,the delivery being either,
(a) Directly to the purchaser or to his agent,
(b) To a common carrier for shipment to the purchaser, and that paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations shall not be permitted.
(3) The magnitude of variations allowed in this Section, shall, in the case of any shipment, delivery, or lot, be determined by the facts in each individual case.
Author:
History
The purpose of this chapter is to insure to the buying public that in buying gasoline and other liquid motor vehicle fuels, a system of pricing said fuels shall be available that is fully understood by said buying public.
Any regulation previously promulgated by the undersigned authority that is in conflict with this regulation is hereby repealed.
All retail sellers of gasoline or other liquid motor vehicle fuels, who are presently, or who may in the future, sell their product by liter or any other system, other than by the gallon, shall, in addition to posting the price of the fuel in liter or other measure, post the price of said fuel by the gallon or fraction thereof.
(a) Said requirement is further defined as follows:
The price per gallon shall appear on all pumps dispensing the fuel, in letters or numbers the same, or larger size as the price per liter or other standard of measure.
The price per gallon shall appear at all other places, at the retail selling establishment, where the price per liter or other standard of measure is posted. Said price per gallon shall appear, in letters or numbers, the same size or larger than the posted price of any other measure.
It is the intent of this chapter to require the price per gallon to appear adjacent to or alongside of the posted price per liter so that the buying public can, with no difficulty, be able to compare the price per liter, or other standard of measure, with its corresponding price per gallon.
Deviations from the above requirement shall only be allowed as provided in Rule no. 80-13-2-.04 below.
Author: Charles H. Barnes
History
The requirements under Rule No. 80-13-2-.03(3) above, requiring the posted price per liter and corresponding price per gallon to be posted alongside or adjacent to each other may, at times, be impracticable or work an undue hardship upon the retail seller. In these cases a reasonable deviation from this requirement is authorized. A determination of whether adjacent posting of prices per gallon or liter is impracticable or works an undue hardship on the retail seller, is wholly vested in representatives of the State Department of Agriculture and Industries and their decision shall be final. Also what is a reasonable deviation from the above requirement shall be determined by said Agriculture and Industries Department representatives. Any type of comparative price posting allowing the public to, with no difficulty, compare the liter price with its corresponding gallon price, is deemed to be an allowed reasonable deviation from the requirement of adjacent price posting.
Author: Charles H. Barnes
History
(1) This regulation shall become effective 60 days after June 9, 1980.
(2) An extension of time, not to exceed 30 days, may be obtained by a retail seller upon good cause shown, before this regulation becomes effective. To obtain this extension the seller or his representative must request the extension in writing addressed to the Director of the Weights and Measures Division of the State Department of Agriculture and Industries and demonstrate the hardship of non-compliance within the time set out in paragraph no.
(1) above. An extension, at the discretion of the above state official, will be given in writing. Failure to fully comply with the above will automatically negate any extension.
Author: Charles H. Barnes
History
The purpose of this chapter is to implement the provisions of Code of Alabama 1975, § 8-16-94, as amended, in regulating and defining minimum weights of various agricultural commodities that are sold or authorized to be sold by bushel, barrel or other type container.
Author: Charles H. Barnes
History
That regulation entitled Weights and Measures Division, Regulation Relating to the Sale of Southern Field Peas By Bushel Capacity dated November 2, 1979, is hereby withdrawn and repealed.
Author: Charles H. Barnes
History
Minimum weights, per bushel or barrel or other type container, for the following commodities, when sold by bushel, barrel,or gallon, shall be as follows:
(1) Alfalfa seed shall be 60 pounds per bushel.
(2) Apples, green, shall be 50 pounds per bushel.
(3) Apples, dried, shall be 24 pounds per bushel.
(4) Apple seed shall be 40 pounds per bushel.
(5) Blue grass seed shall be 14 pounds per bushel.
(6) Beans, dried, shall be 60 pounds per bushel.
(7) Beans, green, in pod, shall be 30 pounds per bushel.
(8) Beans, castor, shall be 46 pounds per bushel.
(9) Beans, velvet, shelled, shall be 60 pounds per bushel.
(10) Beets shall be 50 pounds per bushel.
(11) Blackberries shall be 48 pounds per bushel.
(12) Blackberries, dried, shall be 28 pounds per bushel.
(13) Black medic (cleaned) shall be 56 pounds per bushel.
(14) Bran shall be 20 pounds per bushel.
(15) Broom-corn shall be 42 pounds per bushel.
(16) Burr clover shall be 10 pounds per bushel.
(17) Buckwheat shall be 50 pounds per bushel.
(18) Barley shall be 48 pounds per bushel.
(19) Carpet grass seed shall be 25 pounds per bushel.
(20) Corn, shelled, shall be 56 pounds per bushel.
(21) Corn, in ear, shucked, shall be 70 pounds per bushel.
(22) Corn, in ear, with shucks, shall be 75 pounds per bushel.
(23) Cornmeal, unbolted, shall be 48 pounds per bushel.
(24) Cornmeal, bolted, shall be 48 pounds per bushel.
(25) Cucumbers shall be 48 pounds per bushel.
(26) Chestnuts shall be 50 pounds per bushel.
(27) Cement shall be 80 pounds per bushel.
(28) Coke shall be 40 pounds per bushel.
(29) Charcoal shall be 22 pounds per bushel.
(30) Canary seed shall be 60 pounds per bushel.
(31) Clover seed, red and white, shall be 60 pounds per bushel.
(32) Cottonseed shall be 32 pounds per bushel.
(33) Crimson clover shall be 60 pounds per bushel.
(34) Flaxseed (Linseed) shall be 56 pounds per bushel.
(35) Gooseberries shall be 48 pounds per bushel.
(36) Grapes, with stems, shall be 48 pounds per bushel.
(37) Grapes, without stems, shall be 60 pounds per bushel.
(38) Horseradish shall be 50 pounds per bushel.
(39) Hickory nuts shall be 50 pounds per bushel.
(40) Hair, plastering, shall be 8 pounds per bushel.
(41) Hominy shall be 62 pounds per bushel.
(42) Hungarian grass seed shall be 48 pounds per bushel.
(43) Herds grass shall be 45 pounds per bushel.
(44) Hemp seed shall be 44 pounds per bushel.
(45) Kaffir corn shall be 56 pounds per bushel.
(46) Japan clover (lespedeza) shall be 25 pounds per bushel.
(47) Johnson grass seed shall be 25 pounds per bushel.
(48) Land plaster shall be 100 pounds per bushel.
(49) Lime, unslaked, shall be 80 pounds per bushel.
(50) Lime, slaked, shall be 40 pounds per bushel.
(51) Liquids shall be 42 gallons per barrel.
(52) Millet seed (German, Missouri, Tennessee) shall be 50 pounds per bushel.
(53) Melilotus seed (cleaned) shall be 60 pounds per bushel.
(54) Orchard grass seed shall be 14 pounds per bushel.
(55) Osage orange seed shall be 33 pounds per bushel.
(56) Oats, seed, shall be 32 pounds per bushel.
(57) Okra shall be 30 pounds per bushel.
(58) Onions, top buttons, shall be 28 pounds per bushel.
(59) Onions, button sets, shall be 32 pounds per bushel.
(60) Parsnips shall be 45 pounds per bushel.
(61) Peas, dry, shall be 60 pounds per bushel.
(62) Peas, green, in hull, shall be 25 pounds per bushel.
(63) Peaches, matured, shall be 50 pounds per bushel.
(64) Peaches, dried, unpeeled, shall be 33 pounds per bushel.
(65) Peaches, dried, peeled, shall be 38 pounds per bushel.
(66) Pears, matured, shall be 50 pounds per bushel.
(67) Pears, dried, shall be 26 pounds per bushel.
(68) Plums shall be 64 pounds per bushel.
(69) Pieplant shall be 50 pounds per bushel.
(70) Potatoes, Irish, shall be 60 pounds per bushel.
(71) Potatoes, sweet, shall be 55 pounds per bushel.
(72) Peanuts shall be 22 pounds per bushel.
(73) Popcorn, shelled, shall be 56 pounds per bushel.
(74) Popcorn, unshelled, shall be 70 pounds per bushel.
(75) Quinces, matured, shall be 48 pounds per bushel.
(76) Raspberries shall be 48 pounds per bushel.
(77) Rape seed shall be 50 pounds per bushel.
(78) Rye seed shall be 56 pounds per bushel.
(79) Red top shall be 14 pounds per bushel.
(80) Rye grass, Italian, shall be 20 pounds per bushel.
(81) Rice shall be 45 pounds per bushel.
(82) Sage shall be 4 pounds per bushel.
(83) Sorghum molasses shall be 12 pounds per gallon.
(84) Sorghum seed shall be 50 pounds per bushel.
(85) Strawberries shall be 48 pounds per bushel.
(86) Salad, turnips, kale, shall be 30 pounds per bushel.
(87) Salad, mustard, spinach, shall be 30 pounds per bushel.
(88) Soybeans shall be 60 pounds per bushel.
(89) Spelt shall be 40 pounds per bushel.
(90) Turnips shall be 55 pounds per bushel.
(91) Turnips, rutabagas, shall be 50 pounds per bushel.
(92) Tomatoes shall be 56 pounds per bushel.
(93) Timothy seed shall be 45 pounds per bushel.
(94) Velvet grass seed shall be 7 pounds per bushel.
(95) Walnuts shall be 50 pounds per bushel.
(96) Wheat shall be 60 pounds per bushel.
Author: Charles H. Barnes
History
The purpose of this chapter is to provide guidelines and procedures prescribing the method of sale of certain food and non-food products.
Author: Charles H. Barnes
History
All regulations or portions of regulations in conflict with this regulation are hereby repealed and withdrawn, only to the extent that an existing regulation, or portion of an existing regulation, conflicts with this chapter.
Author: Charles H. Barnes
History
(1) Berries and small fruits shall be offered and exposed for sale and sold by count, weight, or by measure in original standard containers as defined in Code of Ala. 1975, § 8-16-101. When sold by measure, the containers shall be deemed not to be packages for labeling purposes.
(2) Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight only in units of 1/4 pound, 1/2 pound, 1 pound, or multiples of 1 pound.
(3) Meat, poultry and seafood shall be sold in weight, except the following, which may be sold by weight, measure, or count:
(a) Shellfish.
(b) Items sold for consumption on the premises.
(c) Items sold as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold.
(d) Items sold as part of a sandwich.
When meat, poultry, or seafood is combined with some other food element to form a distinctive food product, the quantity representation may be in terms of the total weight of the product of combination, and a quantity representation need not be made for each element, provided that a statement listing the ingredients in order of their predominance by weight must also appear on the label.
(4) Cottage cheese, cottage cheese products, and other milk products which are solid, semi-solid, viscous, or a mixture of solid and liquid, as defined in the Pasteurized Milk Ordinance of the U.S. Public Health Service, as amended in 1965, shall be sold in terms of weight, provided, that cottage cheese, cottage cheese products, sour cream, and yogurt shall be packaged for retail sale only in units of 8, 12, 16, 24, 32, 64, 80 and 128 ounces avoirdupois, and provided further, that multipack or single serving sizes of 6 ounces or less shall be sold only in even ounce increments.
(5) The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of fluid measure. Sales of pickles from bulk may be made by count.
(6) Clams, mussels, oysters and other mollusks shall be sold as follows:
(a) Whole clams, oysters, mussels or other mollusks on the half shell (fresh cooked, smoked or frozen, with or without sauces or spices added) shall be sold by weight (excluding the weight of the shell) or by count.
(b) Fresh oysters, clams, mussels or other mollusks removed from the shell and placed in a container shall be sold by fluid volume. A maximum of 15% free liquid by weight is permitted.
(c) Processed clams, mussels, oysters, or other mollusks on the half shell (fresh or frozen) shall be sold by net weight excluding the weight of the shell. The term "processed" means removing the meat from the shell and chopping it or cutting it or commingling it with other solid foods.
(d) Canned (heat-processed) mussels, clams, oysters, or other mollusks shall be sold by net weight. A maximum of 41% free liquid by weight is permitted for canned oysters.
Author: Charles H. Barnes
History
(1) Asphalt paints, coatings, and plastics shall be sold in terms of liquid measure.
(2) Softwood lumber shall be sold as follows:
(a) The identity of the lumber shall include the grade, or grades, species or species group and whether the lumber is unseasoned (green) or dry.
(b) Softwood lumber may be represented or advertised by nominal size or dimension, but the minimum dressed sizes or dimensions must conform to the standardized width and thickness at which lumber is dressed when manufactured in accordance with U.S. Department of Commerce Voluntary Product Standard 20-70, "American Softwood Lumber Standard," and regional grading rules conforming to VPS 20-70.
Minimum dressed sizes conforming to nominal sizes are as follows:
Product Classification Minimum Dressed Sizes
(Nominal Size) (See Note 2)
Unseasoned Dry
Inches Inches Inches
DIMENSION LUMBER
2 x 4 1 9/16 x 3 9/16 1 1/2 x 3 1/2
2 x 6 1 9/16 x 5 5/8 1 1/2 x 5 1/2
2 x 8 1 9/16 x 7 1/2 1 1/2 x 7 1/4
2 x 10 1 9/16 x 9 1/2 1 1/2 x 9 1/4
2 x 12 1 9/16 x 11 1/2 1 1/2 x 11 1/4
(See Note 1)
BOARD LUMBER
1 x 4 25/32 x 3 9/16 3/4 x 3 1/2
1 x 6 25/32 x 5 5/8 3/4 x 5 1/2
1 x 8 25/32 x 7 1/2 3/4 x 7 1/4
1 x 10 25/32 x 9 1/12 3/4 x 9 1/4
1 x 12 25/32 x 11 1/2 3/4 x 11 1/4
Note 1. The dry thicknesses of nominal 3" and 4" lumber are 2 1/2" and 3 1/2"; unseasoned thicknesses are 2 9/16" and 3 9/16". Widths for these thicknesses are the same as shown above.
Note 2. Product Standard 20-70 defines dry lumber as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content. The size of lumber changes approximately 1 percent for each 4 percent change in moisture content. Lumber stabilizes at approximately 15 percent moisture content under normal use conditions.
(c) Representations of quantity shall be in terms of pieces, the length of individual pieces or the length of and the minimum dressed width or thickness or nominal dimensions so long as nominal dimensions conform to the table above.
(3) Peat and peat moss defined as organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative matter, shall be expressed in weight units or in cubic measure units.
(a) Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in units of 50 pounds, 40 pounds, 20 pounds, 10 pounds, or 3 pounds.
(b) Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in units of 6, 5.5, 4, 2, 1, 0.7, 0.5, 0.3, or 0.2 cubic feet. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state and the quantity from which the final product was compressed (the latter declaration not exceeding the actual amount of material that can be recovered).
(4) Roofing and roofing material shall be sold either by the square or by the square foot only.
(a) The term "square" shall mean the quantity of roofing or roofing material that, when applied according to directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints, provided, that in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.
(b) The term "square foot" shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.
(c) When the declaration of quantity on a package of roofing or roofing material contains the term "square," it shall include, plainly and conspicuously, a numerical definition of the term "square"; for example, "One square covers 100 square feet of roof area."
(d) The use of the common fraction one-third (1/3) is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the "square."
(e) The primary declaration shall only be in terms of a square or square feet. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but in no case shall the weight of the material be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.
(5) Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure.
(6) Sheeting shall be sold by length and width, area in square feet, or square meters and also thickness.
(7) Food wrap and film shall be sold by length and width and also area in square feet or square meters.
(8) Lawn and trash bags shall be sold by count, dimensions and also thickness.
(9) Food and sandwich bags shall be sold by count and dimensions.
(10) Sheeting shall be sold by length, width, thickness, and weight.
(11) Bags shall be sold by count, dimensions, thickness and weight.
(12) A declaration of thickness for all polyethylene products shall not be less than the average thickness based on sampling procedures and test methods recognized by the National Bureau of Standards. A declaration of area shall be in terms of the largest whole unit. A declaration of dimensions for all polyethylene bags shall be width x length or width x depth x length.
(13) Loose-fill and batt or roll-type insulation shall be sold as follows:
(a) Packaged loose fill insulation shall be sold on the basis of coverage in square feet or square meters, the recommended installed thickness, the insulation resistance "R" value obtained, and net weight.
EXAMPLE: Contents will cover 26 square feet when installed at a thickness equal to 6 1/2 inches with a resistance value of R-19. Net Weight 30 lb.
(b) Batt or roll-type insulation shall be sold on the basis of coverage in square feet or square meters, the designated "R" value and the width and length of the batt or roll.
EXAMPLE: Covers 26 square feet and provides a value of R-19. Roll is 12 inches wide by 26 feet long.
(c) Installed insulation of both types shall be sold on the basis of coverage in square feet or square meters, and the insulation resistance obtained; the seller of applicator shall provide the purchaser with an application statement.
EXAMPLE OF APPLICATION STATEMENT: Insulation covering 120 square meters of area has been installed in conformance with manufacturer's recommendations to provide a value of R-19.
(14) Coal, coke or charcoal shall be sold as provided in Code of Ala. 1975, §§ 8-16-98, 8-16-99, 8-16-100, and Rule 80-13-4-.04(4) of this chapter. All other solid fuel products except firewood shall be sold by net weight when in package.
(15) All vending machines dispensing packaged commodities shall indicate product identity, net quantity and the name, address and telephone number of a responsible party.
The requirements for product identity and net quantity can be met either by display of the package or by information posted on the machine.
(16) Firewood which is defined as any kindling, logs, boards, timbers, or any wood, split or unsplit, which is advertised, offered for sale, or sold as fuel, shall be sold as provided below:
(a) When firewood is sold by the cord, then a cord shall be construed to mean the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purpose of this regulation, "ranked and well stowed" shall be construed to mean when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.
(b) A representation of the declaration of identity, if used, shall indicate within 19% accuracy the percentage of each species group (example - 50% hickory, 50% miscellaneous softwood). It is not required that representations of identity be used, but if used, the above criteria shall be followed.
(c) Firewood shall be advertised, offered for sale and sold only by measure, using the term "cord" and fractional parts of a cord; except that wood, natural or processed, offered for sale in packaged form shall display the quantity in terms of cubic feet, to include fractions of cubic feet.
(d) The terms "face cord," "rack," "pile," "truckload," or terms of similar import shall not be used when advertising, offering for sale, or selling firewood.
(e) A delivery ticket or invoice shall be presented by the seller to the purchaser whenever any nonpackaged firewood is sold. The delivery ticket or sales invoice shall contain at least the following information.
The name and address of the vendor.
The name and address of the purchaser.
The date delivered.
The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity.
The price of the amount delivered.
The identity of the most descriptive terms commercially practicable, including any quality representation if made in connection with the sale.
(17) Prefabricated utility buildings shall be offered for retail sale on the basis of usable inside space as follows:
(a) Length, measured from inside surface of wall panels at the base;
(b) Width, measured from inside surface of wall panels at the base;
(c) Height, measured from the base to the top of the shortest wall panel;
(d) Inside dimension shall be declared to the nearest inch;
(e) If total usable inside space is declared in a supplemental declaration, it shall be to the nearest cubic foot.
Author: Charles H. Barnes
History
(1) Beverageware, pressed and blown tumblers, and stemware are allowed a difference between actual and declared capacity as follows:
(a) Plus or minus 1/4 ounce for items of 5 ounce capacity or less;
(b) Plus or minus 5 percent of the stated capacity for items over 5 ounce capacity.
(2) The allowable difference between actual and declared dimensions for toilet tissue shall be plus or minus 1/16 inch. The allowable difference for paper towels, paper napkins, and facial tissue shall be plus or minus 1/8 inch.
(3) Whenever stenciled tare weights on railroad cars are employed in the sale of the commodity, the following conditions and requirements shall apply:
(a) All newly stenciled or restenciled tare weights shall be accurately represented to the nearest 100 pounds and the representation shall include the date of weighing.
(b) The allowable difference between actual tare weight and stenciled tare weight on freight cars in use shall be:
Plus or minus 300 pounds for cars 50,000 pounds or less;
Plus or minus 400 pounds for cars over 50,000 pounds to and including 60,000 pounds;
Plus or minus 500 pounds for cars over 60,000 pounds.
(c) Tare weight determinations for verification or change of stenciled weights shall only be made on properly prepared and adequately cleaned freight cars.
(d) Tank cars, covered hopper cars, flat cars equipped with multideck racks, or special superstructure, mechanical refrigerator cars, and house-type cars equipped with special lading protective devices must be reweighed and restenciled only by owners or their authorized representatives under the following conditions:
When car bears no lightweight (empty weight) stenciling;
When repairs or alterations result in a change of weight in excess of the permissible lightweight tolerance.
Author: Charles H. Barnes
History
The Superintendent of weights and measures shall pass upon each type of weight and measure and weighing and measuring device manufactured, offered or exposed for sale or sold for use or used in the State of Alabama and shall approve or disapprove of said type. The said Superintendent shall approve each type of weight and measure and weighing and measuring device submitted to him for approval by any person if such type is so designated and constructed that it conforms to the specifications adopted by the State Board of Agriculture and Industries and gives correct results in terms of standard weights or measures or in terms of values derived therefrom, and is reasonably permanent in its indication and adjustment and does not facilitate the perpetration of fraud, otherwise the superintendent shall disapprove the same.
Note: The term, Superintendent of Weights and Measures,used in the above rule is now Director, Weights and Measures/Gins and Warehouse Division of the Department of Agriculture and Industries.
Author: Charles H. Barnes
History
The submission of a type may be by sample or by specifications if, in the best judgment of the Superintendent, such specifications are adequate, or in such other manner as may be prescribed by the rules and regulations promulgated by the State Superintendent of Weights and Measures.
Note: See note to Rule No. 80-13-5-.01 for definition of Superintendent used in the above rule.
Author: Charles H. Barnes
History
The word "type" as used in this regulation is defined as a class, the individual objects of which are similar one to another in design, construction, size and material.
Author: Charles H. Barnes
History
When a type of weight or measure or weighing or measuring device is approved, the said Superintendent shall issue a certificate to this effect to the person submitting such type. When a type is disapproved, the Superintendent shall notify the person submitting same of his decision setting out the reasons therefor, and shall give such person an opportunity to be heard in support of his application for approval.
Author: Charles H. Barnes
History
From and after January 1, 1926, it shall be unlawful for any person to manufacture, offer or expose for sale, sell or give away for use in trade or commerce, any weight or measure or weighing or measuring device of a type not approved in accordance with this regulation: Provided, however, that in case of weights and measures and weighing and measuring devices manufactured and ready for sale or in use in the State of Alabama at the time this regulation takes effect, no approval of type shall be necessary: And provided further, that the type of a weight or measure or weighing and measuring device is intended for shipment outside the State of Alabama, then this provision shall not exempt such device from the operation of this Chapter.
Author: Charles H. Barnes
History
The Superintendent of Weights and Measures shall register and give a serial number to each type of weight and measure and weighing and measuring device submitted and approved as provided by this regulation.
Author: Charles H. Barnes
History
From and after January 1, 1926, it shall be unlawful for any person to manufacture, offer or expose for sale or give away, or to use in trade or commerce any weight or measure or weighing or measuring device which does not have stamped, cast, etched or otherwise marked thereon, the name of the manufacturer and the serial number of the approved type to which it belongs: Provided, that whenever the type of the device is such as to render it impracticable to mark it as required by this rule, the Superintendent of Weights and Measures shall have the power to rule that such type needed not be marked as required by this Section.
Author: Charles H. Barnes
History
It shall be unlawful to mark in any manner upon any weight or measure or weighing or measuring device, the type of which has not been approved as required by this regulation, any design simulating a serial number provided by this Chapter.
Author: Charles H. Barnes
History
All weights and measures and weighing and measuring devices manufactured, sold, offered or exposed for sale for use in the State of Alabama or is used therein shall be conclusively presumed to be intended for use in trade or commerce, unless it shall bear a plain, legible, conspicuous and permanent statement to this effect "Not Legal for Trade": Provided, however, that whenever the type of the device is such as to render such a mark impracticable, the Superintendent of Weights and Measures shall have the power to exempt such a type from the provisions of this rule. It shall be unlawful to use in trade or commerce any device which is marked as described in this rule.
Author: Charles H. Barnes
History
Any person who shall violate any of the provisions of this regulation shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each offense.
Author: Charles H. Barnes
History
The United States Department of Commerce, National Bureau of Standards publications, concerned with specifications and tolerances for reference standards and field standards weights and measures, entitled NBS Handbook 105-1, specifications and tolerances for field standards weights (NBS Class F); NBS Handbook 105-2, specifications and tolerances for graduated neck type volumetric field standards are incorporated, adopted and made a rule of this Department. Any portion of the above federal standards handbooks in conflict with existing or future Alabama laws are specifically not adopted and incorporated and should be disregarded.
Note: The above rule 80-13-6-.01, was originally classified as Rule no. 80-13-3-.02 using the same title as set out above. under the new numbering system sent to Legislative Reference Service, the above rule became 80-13-6-.01 in chapter 80-13-6 entitled as set out above.
Author: Charles H. Barnes
History
The United States Department of Commerce, National Bureau of Standards Publications, concerned with checking the net content of packaged goods, entitled NBS Handbook 133, is hereby incorporated, adopted and made a rule of this Department. Any portion of the above handbook in conflict with existing or future Alabama laws is specifically not adopted or incorporated and should be disregarded.
Author: Charles H. Barnes
History
Effective, October 1, 2004, any person, firm, incorporated or unincorporated association or organization, corporation, partnership, limited liability company, cooperative, two or more individuals having a joint or common interest or other business entity that can identified by distinct geographic location including, but not limited to subsidiaries, branches, sub-stations or locations, affiliates and satellites possessing and maintaining, a measuring device as defined herein, who is selling, offering or exposing for sale any commodity, by weight or measure, as defined in § 8-16-1 et seq, Code of Ala. 1975, as amended shall be considered a separate and unique individual or entity and subject to this regulation. Each such separate and unique individual or entity shall pay an annual registration fee which shall be assessed by and become payable to the Department of Agriculture and industries for any weighing or measuring device.
(a) Those devices designed to measure weight between 0 to 1000 pounds or the metric equivalent shall be considered lightweight medium duty scales. Each individual or entity employing the use of a lightweight medium duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $20.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.
(b) Those devices designed to measure weight between 1001 to 50,000 pounds or the metric equivalent shall be considered a medium duty scale. Each individual or entity employing the use of a medium duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $30.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.
(c) Those devices designed to measure weight between 50,001 to 400,000 pounds or the metric equivalent shall be considered a heavy duty scale. Each individual or entity employing the use of a heavy duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.
(d) Those devices designed to dispense any substance at a rate of 20 gallons or the metric equivalent or greater per minute shall be considered a high speed dispenser. Each individual or entity employing the use of a high speed dispenser in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location. Nothing in this rule shall apply to those devices dispensing any substance at a rate of less than 20 gallons or metric equivalent per minute.
(e) Those devices utilized by commercial dairy farming entities designed to contain and dispense volumes of milk for introduction into commerce shall be considered a dairy milk tank. Each individual or entity employing the use of a dairy milk tank in the normal course of its business shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.
(f) No individual or entity remitting any fees to the Alabama Department of Agriculture and Industries under Chapters 19, 21, 22, 23, or 26 of Title 2 of the Code of Ala. 1975, as amended other than nursery dealer fees found in 80-10-1-.03(3) of the Alabama Administrative Code, fertilizer dealer fees found in 80-1-6-.12(b) of the Alabama Administrative Code, or supplemental seed container sales fees found in 80-11-1-.07(a) of the Alabama Administrative Code shall be required to pay in the aggregate an amount under this regulation in excess of $30.00 for any one twelve month period beginning October 1 and ending September 30.
(g) Scales and weighing devices utilized in livestock markets as defined in Chapter 15 of Title 2 of the Code of Ala. 1975, as amended shall be specifically exempt from this regulation.
(h) Any individual or entity found in violation of any portion of this regulation by the Alabama Department of Agriculture and Industries shall be placed under written notice of violation by the Commissioner of Agriculture and Industries or his or her duly authorized agents. Said individual or entity will have thirty days from the date of violation notice to comply with this regulation. If, after the expiration of said 30 day period, said individual or entity shall be immediately subject to any and all penalties relating to weights and measures provided for in the Code of Ala. 1975, as amended or the Alabama Administrative Code.
(i) All individuals or entities registering any of the devices listed in (b)and (c) above shall, at any and all times the registered device or devices is/are utilized, have on duty a weighmaster as outlined in § 8-16-50 et seq of the Code of Ala. 1975, as amended. Beginning October 1, 2004, a fee of $20.00 payable to the Commissioner of Agriculture and Industries shall be assessed each person appointed or designated as a weighmaster. The certificate of appointment or designation provided for in § 8-16-50(d) of the Code of Ala. 1975, as amended shall be prominently displayed in a conspicuous manner at the location where the device or devices is/are utilized.
(j) Governmental entities shall be exempt from the fees outlined hereinabove.
History
At least once annually, the individual or entity possessing and maintaining a weighing or measuring device, shall have said device serviced and calibrated by a Registered Service Agent as defined in § 8-16-1, Code of Ala. 1975, as amended. For the purpose of this section, the annual requirement shall be based on the fiscal year utilized by the State of Alabama which runs from October 1st through September 30th.
History
(1) Any individual or entity found in violation of any portion of the Code of Ala. 1975, as amended, and the Alabama Administrative Code relating to the operation, use, or possession of a weighing and measuring device shall be placed under written notice of violation by the Commissioner of Agriculture and Industries or his or her duly authorized agents. Said individual or entity will have thirty days from the date of violation notice to comply with this regulation. If, said individual or entity fails to comply with this regulation, they shall be immediately subject to any and all penalties relating to weights and measures provided for in the Code of Ala. 1975, as amended or the Alabama Administrative Code.
(2) Any individual or entity found to be in violation of this chapter or any portion of Title 8, Chapter 16 of the Code of Ala. 1975, as amended, shall be subject to a fine of $500.00 per occurrence for the first violation within a twelve (12) month period. Subsequent violations at the same physical location during the same twelve (12) month period shall result in a fine of twice the amount of the previous fine, not to exceed $8,000.00.
(3) Any individual or entity possessing and operating a liquid petroleum measuring device that has not been serviced or calibrated within the past two fiscal years shall be immediately subject to a fine of $5,000 per location. In this situation, the Department may audit the individual or entity possessing and operating the noncompliant liquid petroleum measuring device for the past six fiscal years and fine the individual or entity $5,000.00 per year for noncompliance with the annual servicing and calibrating requirement in Ala. Admin.
Rule 80-13-6-.04. The maximum fine allowable under this section is $25,000.00 per location.
Example 1: If it is discovered during the 2022 fiscal year that a device was not serviced or calibrated during fiscal year 2021, but was serviced and calibrated during the 2020 fiscal year, the individual or entity possessing or operating the measuring device will be given thirty days to have the device serviced and calibrated or be fined in accordance with 80-13-6-.05(1).
Example 2: If it is discovered during the 2022 fiscal year that a device was not serviced and calibrated during FY2020 nor FY2021, the individual or entity possessing or operating that device is immediately subject to a fine of $5,000.00.
Example 3: If it is discovered during the 2022 fiscal year that a device was not serviced and calibrated during FY2016, FY2017, FY2018, FY2019, FY2020 nor FY2021, the individual or entity possessing or operating that device is immediately subject to a fine of $25,000.00.
History
Under the provisions of Code of Ala. 1975, § 8-16-122, registration of weighing and measuring device servicemen is for a period of 12 months and must be renewed every year. The expiration date of said registration is the expiration date as set out on the certificate of registration issued during fiscal year 1988-1989. Registration for persons initially applying for registration in subsequent years shall expire on the expiration date set out on their initial certificate of registration. Any person reapplying for registration who has had a lapse of at least one year since last registration will be treated as an initial registrant. Beginning October 1, 2004, each person applying or reapplying for registration under the provisions of Code of Ala. 1975, § 8-16-122 shall remit to the Department of Agriculture and Industries with said application for registration a fee payment in the amount of $100.00.
Authors: Charles H. Barnes, John P. Hagood
History
The Department will review and examine the qualifications of each person applying for registration as a weighing device serviceman. It will also be necessary for an applicant to have on site sufficient test weights of approved type (see National Institute of Standards and Technology Handbook 105-1) and calibration to test, in accordance with National Institute of Standards and Technology Handbook No. 44 and NCWM Publication No. 112, the category of scales for which registered. Registrant must have weights to test to capacity small scales of not more than 1,000 pounds capacity and for large scale testing and repair a minimum of 20,000 pounds of calibrated and approved test weights for installing, servicing and repairing large scales (i.e. livestock, vehicle and hopper) as shown in following table:
| MINIMUM KNOWN TEST WEIGHTS | | | --- | --- | | Device Capacity | Minimums (in terms of device capacity) | | 0 to 300 lb. | 100% | | 301 to 3,000 lb. | 25% - minimum 300 lb. | | 3001 to 40,000 lb. | 25% - minimum 1,000 lb. | | 40,001 lb. + | 12.5% - minimum 20,000 lb. | | Railway track scales approval require a minimum of 80,000 lb. Interim approval or enforcement action require a minimum of 30,000 lb. | |
Applicants' test weights must be calibrated and approved at least once each year or more often by the Weights and Measures Laboratory of this Department or the proper authorities of another state which can show traceability to the National Institute of Standards and Technology. If a firm applies for registration of more than one weighing device serviceman, an application must be made for each person.
History
The Department will review and examine the qualifications of each person applying for registration as a measuring device serviceman. This includes field test measures of an approved type. Applicants' test measures must be calibrated at least once each year or more often by the Weights and Measures Laboratory of the Department or proper authorities of another state which can show traceability to the National Institute of Standards and Technology (NIST). If a firm applies for registration of more than one serviceman, an application must be made for each serviceman.
It will be necessary for an applicant to have on site sufficient field test measures of approved type (See Handbook 105-2 and 105-3) and calibration to test or service any liquid measuring device in the category for which registered in accordance with NIST Handbook No. 44 and NCWM Publication No. 112 Examination Procedure Outlines for Commercial Weighing and Measuring Devices. The above field test measures must be available for each applicant and not just one per firm.
History
(1) As stated in rules 80-13-9-.02 and 80-13-9-.03, all test weights and measures used within the state shall be calibrated at least once per year or more often by the Weights and Measures Laboratory of the Department or the proper authorities of another state which can show traceability to the National Institute of Standards and Technology.
(2) No certificate of registration shall be issued until the applicants' test weights and measures have been calibrated and approved. This calibration should take place within 30 days prior to the expiration date of the certificate of registration.
(3) Any registrant using test weights or measures that have not been calibrated within 12 months will be deemed to be in violation of the law and forbidden to remove condemnation tags, repair, service, or install said devices.
(4) Those individuals or entities utilizing the services of the Alabama Department of Agriculture and Industries to certify the accuracy of test weights and measures shall pay an annual certification fee based upon the type of weighing or measuring unit certified as follows:
(a) 0-10 pounds $5.00 per unit or the metric equivalent
(b) 11-50 pounds $8.00 per unit or the metric equivalent
(c) 51- 1000 pounds $15.00 per unit or the metric equivalent
(d) Greater than 1000 pounds $30.00 per unit or the metric equivalent
(e) Container with 0-5 gallon $30.00 per unit capacity or metric equivalent
(f) Container with 5-50 gallon $40.00 per unit capacity or metric equivalent
(g) Container with 51-100 gallon $75.00 per unit capacity or metric equivalent
(h) Container with 101-500 gallon $150.00 per unit capacity or metric equivalent
(i) Container with 501-and greater gallon $350.00 per unit capacity or metric equivalent
(5) Governmental entities shall be exempt from the fee requirements of this rule.
History
All individuals or entities required to register under this Chapter as outlined herein above shall submit at least weekly to the Commissioner of Agriculture and Industries a report of each device serviced, repaired, calibrated, or installed during the previous week. The report shall be submitted in a format prescribed by the Commissioner.
History
(1) All individuals required to comply with the requirements of this chapter shall be subject to the penalties contained in § 8-16-123 of Code of Ala. 1975, as amended.
(2) Any individual or entity found to be in violation of this chapter or any portion of Title 8, Chapter 16 of the Code of Ala. 1975, as amended, shall be subject to a fine of $500.00 per occurrence for the first violation within a twelve (12) month period. Subsequent violations during the same twelve (12) month period shall result in a fine of twice the amount of the previous fine, not to exceed $8,000.00 per twelve (12) month period.
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