Code of Alabama - Title 2: Agriculture - Chapter 27 - Pesticides

• Article 1 Alabama Pesticide Act.
• Section 2-27-1 Short title
  This article shall be known as the "Alabama Pesticide Act of 1971."
• Section 2-27-2 Definitions
  For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) PESTICIDE....
• Section 2-27-3 Purpose of article
  The purpose of this article is to regulate the registration, sale and use of pesticides intended for use on farm, garden, lawn, golf course or...
• Section 2-27-4 Administration and enforcement
  The provisions of this article shall be administered and enforced by the Commissioner of Agriculture and Industries of the State of Alabama.
• Section 2-27-5 Exceptions to applicability of article
  (a) The provisions and requirements of this article shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this state...
• Section 2-27-5.1 Local governments prohibited from passing ordinances regulating pesticides
  (a)(1) The term "pesticides" as used herein shall have the same meaning as set forth in the Alabama Pesticide Act, Section 2-27-2(1). (2) Except as...
• Section 2-27-6 Pesticide Advisory Committee
  (a) Creation. A pesticide advisory committee is hereby created and established to consist of 13 members to be appointed from and by certain agencies, departments,...
• Section 2-27-7 Intergovernmental cooperation and agreements
  The commissioner is authorized to cooperate with and enter into agreements with any other agency, department or institution of this state, the United States government...
• Section 2-27-8 Rules and regulations
  In addition to the express authority of the commissioner, with approval of the Board of Agriculture and Industries, to adopt rules and regulations and establish...
• Section 2-27-9 Registration, application, and fees; registration powers of commissioner; appeal and review
  (a) Every pesticide or device which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce...
• Section 2-27-10 License to sell
  (a) Before any person sells or offers for sale any restricted-use pesticide in this state for use therein or before any person sells such restricted...
• Section 2-27-11 Use permits
  (a) Each person shall obtain a pesticide-use permit from the commissioner before the person is eligible to purchase and use a restricted-use pesticide. Application forms...
• Section 2-27-12 Sampling and inspection
  (a) The commissioner or his agent is authorized to enter upon any public or private premise or carrier at reasonable times during regular business hours...
• Section 2-27-13 Deficiencies in analysis
  No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deviation from guarantee...
• Section 2-27-14 Prohibited acts
  (a) It shall be unlawful for any person to distribute, sell, offer for sale or keep for sale within the state or deliver for transportation...
• Section 2-27-15 Suspension from sale, seizure and condemnation
  Any pesticide, pesticide container or device that is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate...
• Section 2-27-16 Penalty for violation of article; injunctions
  (a) Any person who shall violate any of the provisions of this article declared to be unlawful or who shall fail or refuse to perform...
• Article 2 State Laboratory.
• Section 2-27-30 Establishment and operation; policy committee and executive committee therefor
  The commissioner and state Department of Agriculture and Industries shall have authority to provide for the establishment and operation of a laboratory to obtain reliable...
• Section 2-27-31 Location
  Any laboratory established under the provisions of this article shall be located on property owned by Auburn University, which shall be leased to the Department...
• Section 2-27-32 Director
  The laboratory established under the provisions of this article shall be under the supervision and charge of a director appointed by the Commissioner of Agriculture...
• Section 2-27-33 Additional powers and authority
  (a) In addition to the powers and authority heretofore authorized by law pursuant to Sections 2-27-30, 2-27-31 and 2-27-32, the pesticide residue laboratory heretofore established...
• Article 3 Application.
• Section 2-27-50 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section. (1) PESTICIDE. a. Any substance...
• Section 2-27-51 Purpose of article
  The purpose of this article is to regulate, in the public interest, the application of pesticides. In recent years many new materials have been discovered...
• Section 2-27-52 Exceptions to applicability of article
  This article shall not apply to the application of pesticides to lawns, trees or shrubs immediately adjacent to a dwelling or building nor to the...
• Section 2-27-53 License - Required; fees; examination and certification; license restrictions
  (a) No person may engage in the custom application of pesticides within this state at any time without first procuring an annual license from the...
• Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner
  (a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after opportunity for a hearing, may revoke or modify the provision...
• Section 2-27-55 License - Nonresidents
  Any person who performs the custom application of pesticides who is a nonresident of this state shall be required to obtain a license as required...
• Section 2-27-56 Surety bond or liability insurance
  Each applicant for a license to perform the custom application of pesticides shall, before a license is issued to him, furnish and file with the...
• Section 2-27-57 Rules and regulations - Generally
  The commissioner, with the approval of the board, is hereby authorized to promulgate such rules and regulations as are reasonable and necessary to carry out...
• Section 2-27-58 Rules and regulations - Type, time and method of application of pesticides
  The commissioner may, by rules and regulations, after public hearing, with approval of the board, prescribe the pesticides or methods to be used for application...
• Section 2-27-59 Rules and regulations - Disposal and handling of pesticides
  No person shall discard, dispose of or otherwise handle any pesticide or pesticide containers in such manner as to cause direct injury or damage to...
• Section 2-27-60 Records and reports
  The commissioner, with approval of the board, may, by rules and regulations, require any licensee to maintain such records and to furnish reports giving such...
• Section 2-27-61 Inspections; enforcement of article
  (a) For the purpose of carrying out the provisions of this article, the commissioner or his inspectors and agents may enter upon any public or...
• Section 2-27-62 Penalty for violations of article; injunctions
  (a) General penalty. Any person who shall violate the provisions or requirements of this article, or rules and regulations promulgated under this article, or who...
• Section 2-27-63 Article deemed cumulative
  The provisions of this article are cumulative and shall not repeal any other laws or parts of laws unless such laws or parts of laws...

Last modified: May 3, 2021