Code of Alabama - Title 2: Agriculture - Chapter 11 - Marketing, Grading and Standards of Farm Products and Fish

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

Last modified: May 3, 2021