Code of Alabama - Title 2: Agriculture - Chapter 19 - Cotton

• Article 1 General Provisions.
• Section 2-19-1 Making of deductions from actual weight of cotton by persons buying or selling baled cotton; use of untested weights in weighing cotton
  It shall be unlawful for any person in buying or selling baled cotton or in weighing such cotton for any person other than himself to...
• Section 2-19-2 Corporations, etc., operating, etc., places for storing, weighing or dealing in cotton to maintain records of bale cotton weighed, etc
  Any corporation, company, individual or his or their agents operating or owning places for storing, weighing or dealing in cotton doing business in this state...
• Section 2-19-3 Mutilation, etc., of marks, brands, etc., on cotton or concealment of cotton by ginners, warehouse proprietors, etc
  Any ginner, warehouse proprietor, common carrier, officer, agent, clerk or employee of such common carrier or person or any other person who, for the purpose...
• Section 2-19-4 Appropriation of cotton from bale, etc., by factor, commission merchant, etc., having custody thereof
  Any factor, commission merchant, consignee or agent having the control of any cotton who, without the consent of the owner, appropriates to his own use...
• Section 2-19-5 Taking of cotton from bale without consent of owner, consignee, etc
  Any person who knowingly and unlawfully takes from any bale of cotton any part thereof without the authority of the owner, consignee or agent shall...
• Section 2-19-6 Conversion, etc., of cotton samples
  Any person who is authorized to sample cotton and who, with intent to defraud, converts such samples to his own use or refuses to deliver...
• Section 2-19-7 Buying or receiving cotton taken from bale without consent of owner, consignee, etc
  Any person who, knowingly and with intent to defraud, buys or receives any cotton taken from the bale without the authority of the owner, consignee...
• Section 2-19-8 Opening, sampling, etc., of bale of cotton without consent of owner, consignee, etc
  Any person who, without authority of the owner, consignee or agent, willfully or wantonly cuts, tears or otherwise opens any bail of cotton or takes...
• Section 2-19-9 Failure of purchaser of cotton to maintain record as to name of seller, etc
  Any person who purchases cotton in this state who shall fail to keep a record showing the name and address of the person from whom...
• Section 2-19-10 Failure of cotton broker, etc., to pay for cotton purchased and disposed of
  Any cotton broker or other person, firm or corporation engaged in the business of buying cotton, either on his own account or for others, who...
• Section 2-19-11 Fraudulent packing or baling of cotton
  Any person who fraudulently packs or bales any cotton by plating or otherwise shall be guilty of a misdemeanor.
• Section 2-19-12 Exhibition of false samples of cotton, etc
  Any person who fraudulently exhibits any false samples of any cotton or of any other articles or commodity by means whereof any person is injured...
• Section 2-19-13 Removal, etc., from state of cotton subject to purchase money lien
  Any person who removes or aids in removing from this state any cotton subject to the lien given by law for the purchase money with...
• Section 2-19-14 Removal from bale of cotton, etc., of ginner's tag
  Any person, other than the purchaser, whether such person is the owner in whole or in part or warehouseman or other person who shall remove...
• Section 2-19-15 Ginners to maintain registers of cotton ginned; contents and inspection thereof
  Every person, firm or corporation who gins cotton shall keep a book in which it shall register all cotton received at its gins to be...
• Section 2-19-16 Marking, tagging, etc., of cotton by ginners
  Every person who gins cotton in this state shall mark, label or tag the same in such manner as prescribed by the State Board of...
• Section 2-19-17 Charging of different price for ginning, etc., cotton to person selling seed therefrom to ginner
  Any person engaged in buying cotton seed and who also operates or owns a public ginnery in this state who shall charge any other or...
• Section 2-19-18 Violation of laws as to classification, stapling or sampling of cotton
  Any person or warehouseman who shall willfully violate any of the laws of this state relating to the classification, stapling or sampling of cotton shall...
• Section 2-19-19 Replacement, etc., of cotton removed from warehouse for reweighing, resampling or examining upon rejection by purchaser, etc
  Whenever cotton bought from a factory is removed by the purchaser, his agent or broker from the warehouse in which it is stored to another...
• Section 2-19-20 Removal of cotton from bale for sampling
  No more than six ounces of cotton shall be taken from any bale of cotton under the pretext of sampling the same; but after the...
• Section 2-19-21 Removal of cotton from place where sold prior to weighing without consent of seller
  Without the consent of the seller, cotton must not be removed from the place where it may be when sold until the weight thereof has...
• Section 2-19-22 Implied warranty as to packing of cotton
  When cotton in bales is sent by a planter or other owner to a factor for sale, a warranty is implied on the part of...
• Section 2-19-23 Ginneries to keep lint cotton and cotton seed and lots of cotton separate upon request of owners
  All public ginneries in this state, when requested so to do by the owner, shall keep both the lint cotton and cotton seed of each...
• Section 2-19-24 Liability of ginneries for failure to comply with provisions of Section 2-19-23
  Any public ginner or ginnery who willfully refuses and fails to so keep the lint and seed separate as to each lot of cotton brought...
• Section 2-19-25 Applicability of provisions of Sections 2-19-23 and 2-19-24
  The provisions of Sections 2-19-23 and 2-19-24 as to keeping the lint separate and apart from other lots shall not be made to apply to...
• Section 2-19-26 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 chapter.
• Article 2 Traffic in Seed Cotton.
• Section 2-19-40 Maintenance of record book as to purchases, etc., by persons trafficking in seed cotton - Required generally
  All persons engaged in the traffic in seed cotton are required to keep legibly written in a book, which shall be open to public inspection,...
• Section 2-19-41 Maintenance of record book as to purchases, etc., by persons trafficking in seed cotton - Exceptions
  The provisions of Section 2-19-40 shall not apply to the purchase of seed cotton sold under process of law or in satisfaction of a landlord's...
• Section 2-19-42 Effect of failure to maintain record book
  Any person who shall engage in the traffic of seed cotton and who shall fail to keep the record book as provided by this article...
• Section 2-19-43 Purchase of seed cotton from person other than owner, etc., of land on which same grown
  It shall be unlawful for any person to receive or buy seed cotton at any time from any person, except the owner of land on...
• Article 3 Public Cotton Gins.
• Section 2-19-60 Purpose of article
  The purpose of this article is to protect the public interest as to the character of service rendered by public gins, and to that end...
• Section 2-19-61 Permit required; fee and delinquency penalty
  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...
• Section 2-19-62 Promulgation of rules and regulations by commissioner
  Power is hereby conferred upon the commissioner, with the approval of the State Board of Agriculture and Industries, to establish rules and regulations not inconsistent...
• Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits
  (a) It shall be the duty of the commissioner to enforce the requirements of law relative to cotton gins and to see that all rules...
• Section 2-19-64 Operation of gin without permit
  Any cotton ginner who operates his gin without first securing a permit therefor as provided by this article, or who operates after such permit has...
• Article 4 Standards and Classing.
• Section 2-19-80 Cotton standards of United States adopted
  The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States,...
• Section 2-19-81 Grade of cotton to be indicated by names, designations, etc., used in official standards
  It shall be unlawful in or in connection with any transaction or transactions in commerce subject to the jurisdiction of this state or in any...
• Section 2-19-82 Cotton to be classed on request of storer
  All warehousemen shall obtain the grade and length of staple from the United States Department of Agriculture for the storer of any bale of cotton...
• Section 2-19-83 Admissibility in evidence of certificate of classification of cotton
  A certificate of classification of cotton issued by the United States Department of Agriculture shall be accepted in all the courts of this state as...
• Article 5 Registration of Cotton Buyers.
• Section 2-19-100 Definitions
  When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER. The...
• Section 2-19-101 Required
  (a) No person may purchase cotton on a forward contract from a cotton producer without first having registered with the commissioner as a cotton buyer....
• Section 2-19-102 Application; fee
  (a) Each person who wants to engage in activities in this state which require registration under this article shall file with the commissioner an application...
• Section 2-19-103 Registration of applicant by commissioner
  No later than 30 days after the filing of an application for registration as a cotton buyer, the commissioner shall register the applicant.
• Section 2-19-104 Duration of registration
  A registration under this article shall be valid for a period of one year after the date of registration.
• Section 2-19-105 Publication, etc., by commissioner of list of registered cotton buyers
  The commissioner shall publish a list of all registered cotton buyers and shall provide a copy of the list to interested persons without charge. The...
• Section 2-19-106 Disposition of funds
  All funds collected under this article shall be deposited into the Agricultural Fund of the State Treasury and shall be used for the purpose of...
• Article 6 Boll Weevil Eradication in Cotton.
• Section 2-19-120 Legislative findings and purpose
  The Legislature has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest and a menace to the...
• Section 2-19-121 Definitions
  As used in this article, the following words shall have the meaning stated below, unless the context requires otherwise: (1) BOLL WEEVIL. Anthonomus grandis Boheman...
• Section 2-19-122 Cooperative programs authorized
  The commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this state. The commissioner is authorized to...
• Section 2-19-123 Entry of premises; eradication activities; inspections
  The commissioner shall have authority to enter cotton fields and other premises in order to carry out such activities, including but not limited to, treatment...
• Section 2-19-124 Reports of cotton growers required
  Every person growing cotton in this state shall furnish to the commissioner on forms supplied by the commissioner, such information as the commissioner may require,...
• Section 2-19-125 Quarantine
  The board or the commissioner, in the board's absence, as provided in Sections 2-25-4 and 2-25-5, is empowered to promulgate regulations, quarantining this state, or...
• Section 2-19-126 Authority to designate elimination zones; authority to prohibit planting of cotton and to require participation in eradication program
  The board is authorized to designate by regulation one or more areas of this state as "elimination zones" where boll weevil eradication programs will be...
• Section 2-19-127 Authority for destruction or treatment of cotton in elimination zones; when compensation payable
  The commissioner shall have authority to destroy, or in his discretion, to treat with pesticides volunteer or other noncommercial cotton and to establish procedures for...
• Section 2-19-128 Authority to promulgate appropriate regulations
  (a) The board is authorized to promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in...
• Section 2-19-129 Penalties
  (a) Any person who shall violate any of the provisions of this article or the regulations promulgated hereunder, or who shall alter, forge or counterfeit,...
• Section 2-19-130 Certification by board of cotton growers' organization authorized; requirements
  (a) The board may certify a cotton growers' organization for the purpose of entering into agreements with the State of Alabama, other states, the federal...
• Section 2-19-131 Certification; revocation
  Upon determination by the board that the organization meets the requirements of Section 2-19-130, the board shall certify the organization as the official cotton growers'...
• Section 2-19-132 Cotton growers assessment referendum authorized; assessments generally
  (a) At the request of the certified organization, the board shall authorize a referendum among cotton growers upon the question of whether an assessment shall...
• Section 2-19-133 Conduct of referendum
  The arrangements for the management of any referendum held under this article shall be under the direction of the certified organization. The organization shall bear...
• Section 2-19-134 Subsequent referendums
  (a) In the event any referendum conducted under this article fails to receive the required number of affirmative votes, the certified organization may, with the...
• Section 2-19-135 Failure to pay assessments
  (a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this article, shall be subject to a...

Last modified: May 3, 2021