Code of Alabama - Title 2: Agriculture - Chapter 13 - Milk and Dairy Products

• Article 1 General Provisions.
• Section 2-13-1 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section: (1) MILK. The fresh, clean...
• Section 2-13-2 Purpose of article; power of board
  The purpose of the provisions of this article is to promote the dairying interest of the state, to secure to the public wholesome, clean and...
• Section 2-13-4 Adding or blending fat or oil with milk or cream
  No person himself or by his servant or agent shall, for the purpose of sale or exchange, add any fat or oil other than milk...
• Section 2-13-5 Sanitation of premises and utensils
  All premises and utensils used in the handling of milk or cream and the by-products of the same and all premises and utensils used in...
• Section 2-13-6 Utensils to be cleaned by purchaser
  Any person within the state who receives in cans, bottles or other vessels any milk or cream, ice cream or other dairy products intended for...
• Section 2-13-7 Milk from diseased cows; unsanitary premises or utensils
  It shall be unlawful for any person engaged in the business of handling or selling milk or cream or any by-product of the same or...
• Section 2-13-8 Businesses for which permit from commissioner required; duration; application; filing fee
  Every cream station, receiving station, shipping station, creamery, cheese factory, ice cream factory or condensory or any person buying or paying for milk or cream...
• Section 2-13-9 License for operation of testing apparatus
  It shall be unlawful for any person to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk or...
• Section 2-13-10 Use of standard test required
  It shall be unlawful for any person, either for himself or another, to falsely manipulate or underread or overread or take inaccurate samples or make...
• Section 2-13-11 Ice cream defined and standardized
  For the purpose of this article, ice cream is hereby defined and standardized as follows: Ice cream is the frozen compound, varied as to kind...
• Section 2-13-12 Adulterated ice cream
  For the purpose of this article, ice cream shall be deemed to be adulterated: (1) If in quality or grade it is lower than the...
• Section 2-13-13 Misbranded ice cream
  For the purpose of this article, ice cream shall be deemed to be misbranded: (1) If the label, brand, tag or notice under which it...
• Section 2-13-14 Requirements relative to milk and cream tests
  Any person, firm, company, association, corporation or agent thereof engaged in the business of buying milk or cream on the basis of or in any...
• Section 2-13-15 Annual reports of creameries, milk plants, etc
  Creameries, ice cream plants, milk plants and cream and milk stations, when buying cream or milk, shall report annually, on or before March 1 of...
• Section 2-13-16 Imitation butter and imitation cheese defined
  Every article, substitute or compound, except that produced from pure milk or cream from milk cows, made in the semblance of or designed to be...
• Section 2-13-17 Substitutes for butter and cheese - Required stamping or marking on containers
  A substitute for butter and cheese not having a yellow color nor colored in imitation of butter and cheese may be manufactured, sold, shipped, possessed,...
• Section 2-13-18 Substitutes for butter and cheese - Statement required to accompany sale; transportation through state
  No substitute for butter or cheese shall be offered for sale in the manufacturer's original package under the name of or for true butter or...
• Section 2-13-19 Substitutes for butter and cheese - Possession of substitutes; use of certain words or representations in sale or advertisement
  No person shall have in his possession or under his control any substance designed as a substitute for butter or cheese unless the tub, firkin,...
• Section 2-13-20 Substitutes for butter and cheese - Sale of substitutes tending to deceive public
  It shall be unlawful for any person to manufacture, sell, offer for sale, possess for sale, barter, exchange or give away any substitute for butter...
• Section 2-13-21 Renovated butter
  No person shall sell in this state any butter that is produced by taking original packing stock butter or other butter or both and melting...
• Section 2-13-22 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.
• Article 2 Alabama Dairy Commission.
• Article 3 Health Regulations Governing Milk and Milk Products.
• Section 2-13-80 Purpose of article
  The purpose of this article is to more effectively utilize the existing agencies or departments of the State of Alabama in regulating production, processing and...
• Section 2-13-81 Cooperation among state agencies
  There shall be the fullest cooperation, including the making available of information, between the state Department of Agriculture and Industries, the State Board of Health...
• Section 2-13-84 Milk transported into Alabama
  No milk shall be shipped or transported into the State of Alabama from another state unless such milk is produced and handled under sanitary conditions...
• Section 2-13-86 Permits issued by commissioner on semiannual basis; suspension or revocation
  Permits issued by the Commissioner of Agriculture and Industries pursuant to this article shall be issued on a semiannual basis and may be suspended or...
• Section 2-13-87 Issuance and revocation of permit
  The commissioner shall issue to each person, firm or corporation who holds a permit issued under the authority of Section 2-13-82 or Section 2-13-83 a...
• Section 2-13-89 Seizure of milk in transit
  No milk in transit can be stopped, seized or condemned by the commissioner unless said milk has been produced, processed or delivered by a person,...
• Section 2-13-90 Appeal from order or action of commissioner
  Any person affected by any order or action of the Commissioner of Agriculture and Industries authorized by this article, who deems himself aggrieved by any...
• Section 2-13-91 Powers of state and local boards of health not restricted
  Nothing contained in this article or rules and regulations promulgated hereunder shall be construed to invade the domain of the public health laws, regulations or...
• Section 2-13-92 Right of entry of commissioner; investigations and inspections; examination of records; resisting or interfering with commissioner
  The Commissioner of Agriculture and Industries and inspectors, employees and agents of the Department of Agriculture and Industries shall have power and authority to enter...
• Section 2-13-93 Rules and regulations
  The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to promulgate and adopt rules and...
• Section 2-13-94 Violation a misdemeanor
  Any person, firm, corporation or association who shall violate any of the provisions of this article or who fails to perform any duty or requirement...
• Article 4 Alabama Dairy Promotion.
• Section 2-13-110 Short title
  This article shall be known as the "Alabama Dairy Promotion Act."
• Section 2-13-111 Legislative declaration and findings
  (a) It is hereby declared and the Legislature hereby finds that: (1) Dairy products are basic foods that are a valuable part of the human...
• Section 2-13-112 Definitions
  The following terms shall have the following meanings unless the context shall provide otherwise: (1) STATE. The State of Alabama; (2) MILK. Any class of...
• Section 2-13-113 Activities under article not in restraint of trade
  No association, meeting or activity undertaken pursuant to the provisions of this article and intended to benefit all of the producers and handlers of milk...
• Section 2-13-114 Referendum on assessment of milk producers and handlers
  It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers and handlers...
• Section 2-13-115 Notice of referendum; amount of assessment; mail ballot; proof of eligibility of bulk tank unit to vote
  (a) With respect to any referendum conducted under the provisions of this article, the state ADA and Alabama Farmers Dairy Division shall, before calling and...
• Section 2-13-116 Supervision of referendum; expenses
  The arrangements for management and supervision of any referendum conducted under the provisions of this article shall be under the direction of the state ADA...
• Section 2-13-117 Statewide basis of referendum; question
  Any referendum conducted under the provisions of this article shall be held on a statewide basis. In such referendum, the bulk tank units eligible for...
• Section 2-13-118 Collection of assessment if voted on
  If in such referendum called under the provisions of this article, a simple majority of the bulk tank units eligible to participate and voting therein...
• Section 2-13-119 Call for another referendum
  In the event such referendum to be conducted as herein provided shall not be supported by a majority of those eligible for participation and voting...
• Section 2-13-120 Publication of referendum information; notice
  Referendum date, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the state ADA and Alabama...
• Section 2-13-121 Ballots; poll holders; declaration of results
  The state ADA and Alabama Farmers Dairy Division shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof,...
• Section 2-13-122 Vote of cooperative association as roll of members; eligibility of cooperative association to vote; notification of intent to vote
  (a) In conducting any referendum under this article, the state ADA and Alabama Farmers Dairy Division shall consider the approval or disapproval by any cooperative...
• Section 2-13-123 Collection of assessment; enforcement
  (a) In the event a majority of the bulk tank units eligible for participation in such referendum and voting therein shall vote in favor of...
• Section 2-13-124 Refund of assessment paid by dissatisfied bulk tank unit; transfer of funds to National Dairy Board
  In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to...
• Section 2-13-125 Statement of amounts collected
  In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within 90 days...

Last modified: May 3, 2021