Alabama Administrative Code Chapter 80-1-12 — Fees for Analysis of Unofficial Samples

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-1-12-.01 Purpose

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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982. Amended: Filed May 28, 1987.

Ala. Admin. Code r. 80-1-12-.02 Previous Rules And Regulations Withdrawn And Amended

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June 30, 1977, and all other rules, regulations, or statements or charges for analysis of unofficial samples are hereby repealed and withdrawn.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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982. Amended: Filed May 28, 1987.

Ala. Admin. Code r. 80-1-12-.03 Definitions

(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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982.

Ala. Admin. Code r. 80-1-12-.04 Agencies Not Affected

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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982. Amended: Filed May 28, 1987.

Ala. Admin. Code r. 80-1-12-.05 Fees For Analysis Of Unofficial Samples

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:

1. For protein, fat and fiber - $25.00 per sample.

2. For calcium and phosphorus content - $15.00 per element.

3. For other nutrients or elements - $10.00 per element or nutrient.4. For aflatoxin - $35.00 per sample.

(b) Fertilizer Samples:

1. For nitrogen, phosphorus and potassium - $35.00 per sample.

2. For sulfur, boron, or biuref - $15.00 per element.

3. For other minor elements - $10.00 per element

(c) Liming Material Samples:

1. For fineness determination (#10 and #60 mesh sieve) and calcium carbonate - $20.00 per sample.

2. For minor element determination - $12.00 per element.

(d) Pesticide samples, including herbicides, fungicides, defoliants, rodenticides and other like chemicals:

1. For two or more active ingredients - $40.00 per sample.

2. For one active ingredient - $25.00 per sample.

(e) Gasoline and Gasohol Samples:

1. For distillation - $10.00 per sample.

2. For octane rating - $45.00 per sample.

3. For sedimentation - $10.00 per sample.

4. For water content - $10.00 per sample.

5. 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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982. Amended: Filed May 28, 1987.

Ala. Admin. Code r. 80-1-12-.06 Results Of Analysis To Be Available For Regulatory Purposes

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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed April 19, 1982.

Ala. Admin. Code r. 80-1-12-.07 Commissioner To Determine Fees For Analysis At Diagnostic Laboratories

(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.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-2-16.
• Filed May 28, 1987.