Code of Alabama - Title 2: Agriculture - Chapter 25 - Plants and Trees

• Article 1 Insect and Disease Control.
• Section 2-25-1 Definitions
  When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any living...
• Section 2-25-2 Purposes of article
  The purposes of this article are to prevent the introduction into and dissemination within this state of plant pests and noxious weeds injurious to plants...
• Section 2-25-3 Power and duty of commissioner as to protection of agricultural and horticultural interests from plant pests and noxious weeds generally
  It shall be the duty of the commissioner to protect the agricultural and horticultural interests of the state from plant pests and noxious weeds; and,...
• Section 2-25-4 Power and duty of board as to protection of agricultural and horticultural interests from plant pests and noxious weeds generally
  It shall be the duty of the board to protect the agricultural and horticultural interests of the state and, to that end, it is vested...
• Section 2-25-5 Exercise of quarantine powers of board by commissioner
  All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner,...
• Section 2-25-6 Inspection certificate required for nurserymen and dealers in nursery stock; fees
  (a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he...
• Section 2-25-8 When commissioner may refuse, recall or revoke inspection certificates
  The commissioner shall have the power to refuse to issue an inspection certificate or to recall or to revoke any certificate already issued when he...
• Section 2-25-9 Affixation of official tags to boxes, packages, etc., in which nursery stock shipped; furnishing of official tags; confiscation of boxes, packages, etc., shipped into state without official tags
  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...
• Section 2-25-10 Introduction into state of live plant pests, etc., or specimens of disease injurious to plants; special permit
  The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except...
• Section 2-25-11 Common carriers, etc., not to accept for shipment or deliver nursery stock, etc., without official tags, etc
  No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant...
• Section 2-25-12 Common carriers not to be liable for damages for refusal to receive, deliver, etc., boxes, packages without official tags, etc
  No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes,...
• Section 2-25-13 Movement, sale, etc., into state or within state of plants, plant products, etc., during quarantines; confiscation by commissioner; plants, etc., moved into quarantined area
  Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of...
• Section 2-25-13.1 Sale of plants or nursery stock which is not viable unlawful; "viable" defined
  It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet...
• Section 2-25-14 Sale, carriage, shipment, etc., of nursery stock by nurserymen or dealers
  It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except...
• Section 2-25-15 Importation, sale, possession, etc., of fruits, nuts, etc., infested or infected with plant pests or noxious weeds likely to cause damage
  It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of...
• Section 2-25-15.1 Receipt of plants, nursery stock, etc., not in compliance with law by common carriers, et alia; duty to inform commissioner and isolate and hold item
  Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage...
• Section 2-25-16 Throwing cuttings, prunings, etc., into public roads, fields, etc.; destruction of cuttings, prunings, etc., containing plant pests or noxious weeds
  It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of...
• Section 2-25-17.1 Procedures to be used when plant, nursery stock, etc., found to contain plant pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or treatment; refusal of owner to comply; liability for cost of treatment or destruction
  If the commissioner finds, on examination, any plant, plant product or nursery stock infested or infected with plant pests or noxious weeds, he shall notify...
• Section 2-25-17.2 Procedures for fumigation or treatment of infested plants, etc
  The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests...
• Section 2-25-18 Appeals to state board from findings or orders of commissioner
  The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by...
• Section 2-25-19.1 Penalties, temporary restraining orders or injunctions for violations issued without bond; form of action; approval of Attorney General; assistance of district attorneys or their deputies
  In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or temporary,...
• Section 2-25-19.2 Acts of officials, agents, employees, etc., deemed those of principal as well as of individual
  In construing and enforcing the provisions of this article, the act, omission, or failure of any official, agent, or other person acting for or employed...
• Section 2-25-20 Promulgation of rules and regulations of board or commissioner; admissibility in evidence thereof
  (a) All rules and regulations made by the board or commissioner shall be promulgated by publishing same in any official organ of the department or...
• Section 2-25-21 Review of rules or regulations by board
  Any person affected by any rule or regulation made on notice given pursuant to this article may have a review thereof by the board for...
• Section 2-25-22 Violations of article, rules and regulations, notice or order; forgery, etc., of certificates, etc
  Any person who shall violate any provision or requirement of this article or of the rules and regulations made thereunder or of any notice or...
• Article 2 Sale of Fruit Trees, etc., as to Kind or Variety.
• Section 2-25-40 Delivery of fruit trees of different kind, variety, etc., than sold
  It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing...
• Section 2-25-41 Limitation period for prosecutions under Section 2-25-40
  Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in...
• Section 2-25-42 Sale, etc., of falsely named seeds, trees, plants, etc
  All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and...

Last modified: May 3, 2021