Code of Alabama - Title 2: Agriculture - Chapter 8 - Promotion of Agricultural Industries and Products

• Article 1 Cattle Industry.
• Section 2-8-1 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare that owners of cattle shall be authorized and encouraged to act jointly...
• Section 2-8-2 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama cattle industry shall be deemed...
• Section 2-8-3 Referendum and assessments declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that cattle owners be permitted...
• Section 2-8-4 Application of cattle owners' association for certification and approval to conduct referendum - Generally
  Any nonprofit association of cattle owners organized for the promotion and betterment of the cattle industry may make application to the State Board of Agriculture...
• Section 2-8-5 Application of cattle owners' association for certification and approval to conduct referendum - Action by board on application
  Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of cattle owners as provided in Section...
• Section 2-8-6 Authority of certified association to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-5, such association shall thereupon be fully authorized and empowered...
• Section 2-8-7 Notice of referendum
  When a referendum has been authorized as provided in Section 2-8-6, the certified association shall, not less than 30 days before the date for such...
• Section 2-8-8 Conduct of referendum; payment of expense
  The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified...
• Section 2-8-9 Eligibility to vote in referendum; question to be voted on
  Any referendum conducted under the provisions of this article may be held on an area or statewide basis as may be determined by the certified...
• Section 2-8-10 Majority vote required for approval of assessment; canvass of referendum results
  If in any referendum held under the provisions of this article a majority of the cattle owners of the area in which the referendum is...
• Section 2-8-11 Subsequent referendums
  In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from cattle owners eligible...
• Section 2-8-12 Collection of assessments; deductions for expenses
  In the event the required number of cattle owners approve, by a referendum as provided in this article, the levying of an assessment upon the...
• Section 2-8-13 Remittances to treasurer of association
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a...
• Section 2-8-15 Refund of assessment to cattle owner
  Any owner of cattle against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the...
• Section 2-8-16 Bond of treasurer of association
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions...
• Section 2-8-17 Expenditure of assessments
  The funds derived from any assessments levied upon the sale of cattle as authorized under this article shall be used and expended by the certified...
• Section 2-8-18 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural...
• Section 2-8-19 Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years,...
• Section 2-8-20 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-21 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and...
• Section 2-8-22 Penalty for failure to deduct and pay over assessment
  Any dealer, handler, processor, sales market or other purchaser of cattle who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture...
• Article 2 Swine Industry.
• Section 2-8-40 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare that producers of swine shall be authorized and encouraged to act jointly...
• Section 2-8-41 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama swine industry shall be deemed...
• Section 2-8-42 Referendum and assessments declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that swine producers be permitted...
• Section 2-8-43 Application of swine producers' association for certification and approval to conduct referendum - Generally
  Any nonprofit association of swine producers organized for the promotion and betterment of the swine industry may make application to the State Board of Agriculture...
• Section 2-8-44 Application of swine producers' association for certification and approval to conduct referendum - Action by board on application
  Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of swine producers as provided in Section...
• Section 2-8-45 Authority of certified association to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-44, such association shall thereupon be fully authorized and empowered...
• Section 2-8-46 Notice of referendum
  When a referendum has been authorized as provided in Section 2-8-45, the certified association shall, not less than 30 days before the date for such...
• Section 2-8-47 Conduct of referendum; payment of expense
  Arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified by...
• Section 2-8-48 Eligibility to vote in referendum; question to be voted on
  Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding...
• Section 2-8-49 Majority vote required for approval of assessment; canvass of results; limitations on assessments
  If in any referendum held under the provisions of this article a majority or more of the swine producers eligible to participate and voting therein...
• Section 2-8-50 Subsequent referendums
  In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from swine producers eligible...
• Section 2-8-51 Collection of assessments; deductions for expenses
  In the event the required number of swine producers approve by a referendum as provided in this article the levying of an assessment upon the...
• Section 2-8-52 Remission of collections to treasurer of association
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a...
• Section 2-8-54 Refund of assessment to swine producer
  Any producer of swine against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the...
• Section 2-8-55 Exempt sales
  The provisions of this article shall not apply to occasional sales between producers.
• Section 2-8-56 Bond of treasurer of association
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions...
• Section 2-8-57 Expenditure of assessments
  The funds derived from any assessments levied upon the sale of swine as authorized under this article shall be used and expended by the certified...
• Section 2-8-58 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural...
• Section 2-8-59 Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years,...
• Section 2-8-60 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-61 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and...
• Section 2-8-62 Penalty for failure to deduct and pay over assessment; inspection of books and records; injunctions
  (a) Any dealer, handler, processor, sales market or other purchaser of swine who willfully fails or refuses to deduct and pay to the Commissioner of...
• Article 3 Soybean Industry.
• Section 2-8-80 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare that producers of soybeans shall be authorized and encouraged to act jointly...
• Section 2-8-81 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama soybean industry shall be deemed...
• Section 2-8-82 Referendum and assessments declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that soybean producers be permitted...
• Section 2-8-83 Application of soybean producers' association for certification and approval to conduct referendum - Generally
  Any nonprofit association of producers fairly and substantially representative of the producers of soybeans throughout the state may make application to the State Board of...
• Section 2-8-84 Application of soybean producers' association for certification and approval to conduct referendum - Action by State Board of Agriculture and Industries on application
  Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of soybean producers, as provided in Section...
• Section 2-8-85 Authority of certified association to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-84, such association shall thereupon be fully authorized and empowered...
• Section 2-8-86 Notice of referendum
  When a referendum has been authorized as provided in Section 2-8-85, the certified association shall, not less than 30 days before the date for such...
• Section 2-8-87 Conduct of referendum; payment of expense
  The arrangements for and the management of any referendum conducted under the provisions of this article shall be under the direction of the association certified...
• Section 2-8-88 Eligibility to vote in referendum; question to be voted on
  Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted by the State...
• Section 2-8-89 Majority vote required for approval of assessment; canvass of results; limitation on assessment
  If in any referendum held under the provisions of this article a majority or more of the soybean producers who are eligible to participate and...
• Section 2-8-90 Subsequent referendums
  In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from soybean producers eligible...
• Section 2-8-91 Collection of assessments; deductions for expenses
  In the event the required number of soybean producers approve, by a referendum as provided in this article, the levying of an assessment upon the...
• Section 2-8-92 Remission of collections to treasurer of association
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a...
• Section 2-8-94 Exemptions
  The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of soybeans in any calendar year, nor shall...
• Section 2-8-95 Refund of assessment to soybean producer
  Any producer of soybeans against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the...
• Section 2-8-96 Bond of treasurer of association
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions...
• Section 2-8-97 Expenditure of assessments
  The funds derived from any assessments levied upon the sale of soybeans as authorized under this article shall be used and expended by the certified...
• Section 2-8-98 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural...
• Section 2-8-99 Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years,...
• Section 2-8-100 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-101 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and...
• Section 2-8-102 Permit required of buyers of soybeans
  Any individual, partnership, corporation, association or other business unit which buys soybeans in Alabama from the producer thereof shall, in the event assessments are required...
• Section 2-8-103 Penalty; inspection of books and records; injunctions
  (a) Any dealer, handler, processor or other purchaser of soybeans who willfully fails or refuses to deduct and pay to the Commissioner of Agriculture and...
• Article 4 Nuts, Bulbs, Fruits and Vegetables.
• Section 2-8-120 Declaration of policy
  It is declared to be in the interest of the public welfare that the Alabama farmers who are producers of nuts, bulbs, fruits and vegetables...
• Section 2-8-121 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit all of the producers, handlers and processors...
• Section 2-8-122 Referendum to levy assessment declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that farmers, producers and...
• Section 2-8-123 Application for certification and approval to conduct referendum - Generally
  Any commission, council, board or other agency or any nonprofit association of producers, fairly representative of the growers or producers of any agricultural commodity referred...
• Section 2-8-124 Application for certification and approval to conduct referendum - Action by board on application
  Upon the filing with the State Board of Agriculture and Industries of such application as is provided for in Section 2-8-123, on the part of...
• Section 2-8-125 Authority of certified organization to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries in the manner set forth in Section 2-8-124, such organization shall thereupon be fully...
• Section 2-8-126 Notice of referendum; maximum assessment
  When a referendum has been authorized as provided in Section 2-8-125, the certified organization shall, before calling and announcing such referendum, fix, determine and publicly...
• Section 2-8-127 Conduct of referendum; payment of expense
  The arrangements for and management of any referendum conducted under the provisions of this article shall be under the direction of the organization duly certified...
• Section 2-8-128 Eligibility to vote in referendum; question before voters
  Any referendum conducted under the provisions of this article may be held either on an area or statewide basis, as may be determined by the...
• Section 2-8-129 Negative vote in referendum
  If in any referendum held under the provisions of this article a majority of the producers in the area in which the referendum is conducted,...
• Section 2-8-130 Affirmative vote in referendum
  If in any referendum called under the provisions of this article, a majority of the producers in the area in which any referendum is conducted,...
• Section 2-8-131 Hours, voting places, rules and regulations, etc., for referendum; notices to be given
  The hours, voting places and rules and regulations for any referendum authorized in this article with respect to any of the agricultural commodities herein referred...
• Section 2-8-132 Ballots and poll holders for referendum; canvass of results
  The duly certified organization of the producers of any agricultural product among whom a referendum shall be conducted under the provisions of this article shall...
• Section 2-8-133 Collection of assessment; disposition
  In the event a majority of the producers eligible for participation in a referendum conducted under the provisions of this article and voting therein, shall...
• Section 2-8-134 Subsequent referendum after negative vote
  In the event a referendum conducted as provided in this article shall not be supported by a majority of those eligible for participation therein and...
• Section 2-8-135 Subsequent referendum after affirmative vote
  In the event a referendum conducted as provided in this article is carried by the vote of a majority of the eligible producers participating therein...
• Section 2-8-136 Refund of assessment
  In the event a referendum conducted as provided in this article is carried in the affirmative and the assessment is levied and collected as provided...
• Section 2-8-137 Annual statements by treasurer of organization; bond of treasurer
  If assessments are levied and collected as provided in this article, the treasurer of the organization shall, within 30 days after the end of any...
• Article 5 Eggs and Egg Products.
• Section 2-8-150 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare of the State of Alabama that owners or others in possession of...
• Section 2-8-151 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the poultry and egg industry shall be...
• Section 2-8-152 Referendum to levy assessment declared to be in public interest
  It is hereby further declared to be in the public interest and advantageous to the economy of the state that owners and others in possession...
• Section 2-8-153 Application for certification and approval to conduct referendum - Generally
  Any nonprofit association of producers of eggs and egg products or any nonprofit association organized for the benefit and betterment of the poultry industry of...
• Section 2-8-154 Application for certification and approval to conduct referendum - Action by board on application
  Upon the filing of an application with the State Board of Agriculture and Industries by any nonprofit association of owners or others in possession of...
• Section 2-8-155 Authority of certified association to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries in the manner set forth in Section 2-8-154, such organization shall thereupon be fully...
• Section 2-8-156 Notice of referendum
  When a referendum has been authorized as provided in Section 2-8-155, the certified organization shall, not less than 30 days before the date of the...
• Section 2-8-157 Conduct of referendum; payment of expense
  The arrangements for and the management of any referendum conducted under this article shall be under the direction of the organization certified by the State...
• Section 2-8-158 Eligibility to vote in referendum; question to be voted on; period during which assessments levied
  Any referendum conducted under this article may be held on an area or statewide basis, as may be determined by the certified association, pursuant to...
• Section 2-8-159 Two thirds vote required for approval of assessment; canvass of results; amount of assessment
  If in any referendum held under the provisions of this article two thirds or more of the egg producers in the area in which the...
• Section 2-8-160 Subsequent referendums
  In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from egg producers eligible...
• Section 2-8-161 Collection of assessment; deductions for expenses
  In the event the required number of egg producers approve, by a referendum as provided in this article, the levying of an assessment upon the...
• Section 2-8-162 Remittances to treasurer of association
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a...
• Section 2-8-163 Bond of treasurer of association
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association, as authorized under the provisions...
• Section 2-8-164 Expenditure of assessments
  The funds derived from any assessments levied upon the sale of hens as authorized under this article shall be used and expended by the certified...
• Section 2-8-165 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar egg...
• Section 2-8-166 Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years,...
• Section 2-8-167 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-168 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and...
• Section 2-8-169 Refund of assessment
  Any owner of hens against whom any assessment is made and deducted under authority of this article, if dissatisfied with said assessment, shall have the...
• Section 2-8-170 Permit required of sellers of hens
  Any individual, partnership, corporation, association or other business unit which sells hens in Alabama shall, in the event assessments are required to be added to...
• Section 2-8-171 Penalty; inspection of books and records
  Any seller of hens who willfully fails or refuses to pay to the Commissioner of Agriculture and Industries any assessment required to be so remitted...
• Article 6 Cotton and Cotton Products.
• Section 2-8-190 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare that producers of cotton shall be authorized and encouraged to act jointly...
• Section 2-8-191 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama cotton producers and the cotton...
• Section 2-8-192 Referendum to levy assessment declared to be in the public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that cotton producers be permitted...
• Section 2-8-193 Application for certification and approval to conduct referendum - Generally
  (a) Any commission, established by the mutual agreement of any two or more nonprofit associations of cotton producers, fairly and substantially representative of the producers...
• Section 2-8-194 Application for certification and approval to conduct referendum - Action by board on application
  Upon the filing with the State Board of Agriculture and Industries of an application by any commission, formed by mutual agreement of two or more...
• Section 2-8-195 Authority of certified commission to conduct referendum on assessment
  Upon being so certified by the State Board of Agriculture and Industries, such commission shall thereupon be fully authorized and empowered to hold and conduct...
• Section 2-8-196 Notice of referendum
  With respect to any referendum conducted under the provisions of this article, the duly certified commission shall, not less than 30 days before the date...
• Section 2-8-197 Conduct of referendum; payment of expense
  The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the commission certified by the State Board of...
• Section 2-8-198 Eligibility to vote in referendum; question to be voted on; votes cast by secret ballot
  Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries...
• Section 2-8-199 Approval of assessment; assessment amount
  If in the referendum a majority or more of the cotton producers who are eligible to participate and who actually vote therein, shall vote in...
• Section 2-8-200 Subsequent referendums
  In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from cotton producers eligible for...
• Section 2-8-201 Collection of assessment; "ginner" defined; remittance of assessments by ginner; inspection of books and records by commissioner; deductions for expenses
  (a) In the event the required number of cotton producers approve, by a referendum as provided hereunder, the levying of an assessment upon the ginning...
• Section 2-8-202 Remittances to treasurer of commission
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified commission all moneys paid to or collected by him on a...
• Section 2-8-203 Refund of assessment
  Repealed by Act 2014-278, p. 884, §2, effective August 7, 2014.
• Section 2-8-204 Bond of treasurer of commission
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of a commission as authorized under the provisions of this...
• Section 2-8-205 Expenditure of assessments
  The funds derived from any assessments levied upon the ginning of cotton as authorized under this article shall be used and expended by the certified...
• Section 2-8-206 Joint programs with other states
  Any certified commission may enter into agreements with like commissions, councils, boards or other agencies or non-profit associations of cotton growers of other states for...
• Section 2-8-207 Annual audit of commission; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified commission receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an...
• Section 2-8-208 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-209 Enforcement duties of commissioner; revocation of certification of commission
  It shall be the duty of the Commissioner of Agriculture and Industries through the facilities of the Department of Agriculture and Industries to enforce and...
• Section 2-8-210 Compliance with article prerequisite for holding ginner's permit under Section 2-19-61
  In addition to all other prerequisites for holding a ginner's permit issued pursuant to Section 2-19-61 the holding thereof shall also be conditioned upon compliance...
• Section 2-8-211 Penalty; inspection of books and records; injunctions
  (a) Any ginner of cotton who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries any assessment required by...
• Article 7 Grain Industry.
• Section 2-8-230 Legislative intent and purpose
  It is hereby declared to be in the interest of the public welfare that producers of wheat, corn, grain sorghum, and oats shall be authorized...
• Section 2-8-231 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama wheat, corn, grain sorghum, and...
• Section 2-8-232 Referendum and assessments declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that wheat, corn, grain sorghum,...
• Section 2-8-233 Application of nonprofit association for certification and approval to conduct referendum — Generally
  Any nonprofit association of producers fairly and substantially representative of the producers of wheat, corn, grain sorghum, and oats throughout the state, may at any...
• Section 2-8-234 Application of nonprofit association for certification and approval to conduct referendum - Action by board on application
  Upon filing with the State Board of Agriculture and Industries of an application by any nonprofit association of wheat, corn, grain sorghum, and oats producers,...
• Section 2-8-235 Authority of certified association to conduct referendum on assessment
  Upon being so certified by the State Board of Agriculture and Industries, such organization shall thereupon be fully authorized and empowered to hold and conduct...
• Section 2-8-236 Notice of referendum
  With respect to any referendum conducted under the provisions of this article, the duly certified organization shall, not less than 30 days before the date...
• Section 2-8-237 Conduct of referendum; payment of expenses
  The arrangements for and the management of any referendum conducted hereunder shall be under the direction of the organization certified by the State Board of...
• Section 2-8-238 Eligibility to vote in referendum; question to be voted on
  Any referendum conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted by the State Board of Agriculture and Industries...
• Section 2-8-239 Majority vote required for approval of assessment; canvass of results; limitations on assessment
  If in such referendum a majority or more of the wheat, corn, grain sorghum, and oats producers who are eligible to participate and actually vote...
• Section 2-8-240 Subsequent referendums
  In the event any such referendum conducted as herein provided shall fail to receive the required number of affirmative votes from wheat, corn, grain sorghum,...
• Section 2-8-241 Collection of assessments; deductions by first purchaser; remittance to commissioner; inspection of books and records; commissioner to deduct percent for expenses
  In the event the required number of wheat, corn, grain sorghum, and oats producers approve, by a referendum as provided hereunder, the levy of an...
• Section 2-8-242 Remittances to treasurer of association by commissioner
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a...
• Section 2-8-243 Provisions of article not applicable to certain purchases
  The provisions of this article shall not apply to any person who purchases 1,000 or less bushels of wheat, corn, grain sorghum, and oats in...
• Section 2-8-244 Refund of assessment when producer dissatisfied; procedure
  Any producer of wheat, corn, grain sorghum, and oats against whom any assessment is made and deducted under authority of this article, if dissatisfied with...
• Section 2-8-245 Treasurer of association to be bonded
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions...
• Section 2-8-246 Expenditure of assessments; disbursements not subject to budget or allotment requirements
  The funds derived from any assessments levied upon the sale of wheat, corn, grain sorghum, and oats as authorized under this article shall be used...
• Section 2-8-247 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar agricultural...
• Section 2-8-248 Annual audit of association; review by Examiner of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an...
• Section 2-8-249 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-250 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries through the facilities of the Department of Agriculture and Industries to enforce and...
• Section 2-8-251 Purchasers to obtain permit from commissioner; procedure
  Any individual, partnership, corporation, association or other business unit which buys wheat, corn, grain sorghum, or oats in Alabama from the producer thereof shall, in...
• Section 2-8-252 Penalty for failure to deduct and pay over assessment, obtain permit, etc.; injunctive relief authorized
  (a) Any dealer, handler, processor, or other purchaser of wheat, corn, grain sorghum, and oats who willfully fails or refuses to deduct and pay to...
• Article 8 Catfish Industry.
• Section 2-8-270 Legislative purpose and intent
  It is hereby declared to be in the interest of the public welfare that producers of catfish shall be authorized and encouraged to act jointly...
• Section 2-8-271 Authorized activities not illegal or in restraint of trade
  No association, meeting or activity undertaken in pursuance of the provisions of this article and intended to benefit the Alabama catfish industry shall be deemed...
• Section 2-8-272 Referendum and assessments declared to be in public interest
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that catfish producers be permitted...
• Section 2-8-273 Application of catfish producers' association for certification and approval to conduct referendum - Generally
  Any nonprofit association of catfish producers organized for the promotion and betterment of the catfish industry may make application to the State Board of Agriculture...
• Section 2-8-274 Application of catfish producers' association for certification and approval to conduct referendum - Action by board on application
  Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of catfish producers as provided in Section...
• Section 2-8-275 Authority of certified association to conduct referendum on assessment
  Upon being certified by the State Board of Agriculture and Industries as provided in Section 2-8-274, such association shall thereupon be fully authorized and empowered...
• Section 2-8-276 Notice of referendum
  When a referendum has been authorized as provided in Section 2-8-275, the certified association shall, not less than 30 days before the date for such...
• Section 2-8-277 Conduct of referendum; payment of expense
  Arrangements for and the management of any referendum conducted under provisions of this article shall be under the direction of the association certified by the...
• Section 2-8-278 Eligibility to vote in referendum; question to be voted on
  Any referendum conducted under the provisions of this article may be held on a statewide basis pursuant to rules and regulations adopted for the holding...
• Section 2-8-279 Majority vote required for approval of assessment; canvass of results; limitations on assessments
  If any referendum held under the provisions of this article a majority or more of the catfish producers eligible to participate and voting therein shall...
• Section 2-8-280 Subsequent referendums
  In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from catfish producers eligible...
• Section 2-8-281 Collection of assessments; deductions for expenses
  In the event the required number of catfish producers approve by a referendum as provided in this article the levying of an assessment upon the...
• Section 2-8-282 Remission of collections to treasurer of association
  The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him or her...
• Section 2-8-283 Refund of assessment to purchaser of catfish feed
  Any purchaser of catfish feed against which any assessment is made under authority of this article, if dissatisfied with said assessment, shall have the right...
• Section 2-8-284 Exempt sales
  The provisions of this article shall not apply to occasional sales between producers.
• Section 2-8-285 Bond of treasurer of association
  Before any money is remitted by the Commissioner of Agriculture and Industries to the treasurer of an organization or association as authorized under the provisions...
• Section 2-8-286 Expenditure of assessments
  The funds derived from any assessments levied upon the sale of catfish feed as authorized under this article shall be used and expended by the...
• Section 2-8-287 Joint programs with other states
  Any certified association may enter into agreements with like associations, commissions or other agencies of other states for the purpose of conducting a similar agricultural...
• Section 2-8-288 Annual audit of association; examination by Department of Examiners of Public Accounts; publication of statement
  The approved and certified association receiving and disbursing funds as authorized in this article shall, following the close of its fiscal year every two years,...
• Section 2-8-289 Rules and regulations
  The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent...
• Section 2-8-290 Enforcement duties of commissioner; revocation of certification of association
  It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and...
• Section 2-8-291 Penalty for failure to deduct and pay over assessment; inspection of books and records; injunctions
  (a) Any dealer, handler, processor, buyers or other distributors of catfish feed who willfully fails or refuses to deduct and pay to the Commissioner of...
• Article 9 Sheep and Goat Industry.
• Section 2-8-310 Definitions
  As used in this article, the following terms shall have the following meanings: (1) BOARD. The State Board of Agriculture and Industries. (2) COMMISSIONER. The...
• Section 2-8-311 Purpose
  It is hereby declared to be in the interest of the public welfare that sheep and goat producers are encouraged to act jointly and in...
• Section 2-8-312 Association, meeting, or activity not illegal
  No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama sheep and goat industry shall be deemed or considered...
• Section 2-8-313 Assessment
  It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that sheep and goat producers...
• Section 2-8-314 Nonprofit association
  (a) Any Alabama nonprofit association of sheep and goat producers organized for the promotion and betterment of the sheep and goat industry may apply to...
• Section 2-8-315 Referendum - Generally
  (a) Upon certification by the board, an association may hold and conduct on the part of the Alabama sheep and goat producers a referendum on...
• Section 2-8-316 Referendum - Voting
  (a) If, in any referendum, a majority of the sheep and goat producers of the geographic area in which the referendum is conducted and eligible...
• Section 2-8-317 Referendum - Levy of assessment
  In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing stockyards and small ruminant selling points...
• Section 2-8-318 Assessment moneys collected - Generally
  The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July,...
• Section 2-8-319 Assessment moneys collected - Refunds
  Any sheep or goat producer against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand...
• Section 2-8-320 Duty of treasurer before money remitted
  Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved...
• Section 2-8-321 Use of funds
  The funds derived from any assessments levied upon the sale of sheep and goats shall be used and expended by the certified association for the...
• Section 2-8-322 Certified association - Generally
  A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar sheep...
• Section 2-8-323 Certified association - Audit
  A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and...
• Section 2-8-324 Rules and regulations
  The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the...
• Section 2-8-325 Enforcement and collection of assessments; revocation of certification
  The commissioner, through the Department of Agriculture and Industries, shall enforce and collect the assessments levied upon sellers of the sheep or goat producers and...
• Section 2-8-326 Violations
  Any individual, stockyard, or broker who sells sheep or goats in the state who willfully fails or refuses to deduct and pay to the commissioner...
• Article 10 Shrimp and Seafood.
• Section 2-8-350 Definitions
  As used in this article, the following terms shall have the following meanings: (1) BOARD. The State Board of Agriculture and Industries. (2) COMMISSIONER. The...
• Section 2-8-351 Purpose
  It is hereby declared to be in the interest of the public welfare that shrimpers and seafood fishermen are encouraged to act singularly or jointly...
• Section 2-8-352 Legality of association, meeting, or activity under article
  No association, meeting, or activity undertaken pursuant to this article and intended to benefit the Alabama shrimp and seafood industry shall be deemed or considered...
• Section 2-8-353 Assessment
  It is further declared to be in the public interest and highly advantageous to the economy of the state that shrimpers and seafood fishermen, either...
• Section 2-8-354 Nonprofit association
  (a) Any Alabama nonprofit association of shrimpers and seafood fishermen organized for the promotion and betterment of the shrimp and seafood industry may apply to...
• Section 2-8-355 Referendum - Generally
  (a) Upon certification by the board, an association may hold and conduct on the part of the Alabama shrimpers and seafood fishermen, either singularly or...
• Section 2-8-356 Referendum - Voting
  (a) If, in any referendum, a majority of the commercial shrimp boat owners and commercial fishermen licensed and authorized to do business in the state...
• Section 2-8-357 Referendum - Levy of assessment
  In the event a referendum levying an assessment is passed, the commissioner, within 30 days, shall notify in writing all businesses where shrimp and seafood...
• Section 2-8-358 Assessment moneys collected - Generally
  The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July,...
• Section 2-8-359 Assessment moneys collected - Refunds
  Any shrimper or seafood fisherman against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand...
• Section 2-8-360 Duty of treasurer before money remitted
  Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved...
• Section 2-8-361 Use of funds
  The funds derived from any assessments levied pursuant to this article shall be used and expended by the certified association for the purpose of promoting...
• Section 2-8-362 Certified association - Generally
  A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar shrimp...
• Section 2-8-363 Certified association - Audit
  A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and...
• Section 2-8-364 Rules and regulations
  The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this article, including rules and regulations governing the...
• Section 2-8-365 Enforcement and collection of assessments; revocation of certification
  The commissioner, through the department, shall enforce and collect the assessment levied upon shrimpers and seafood fishermen and shall enforce the rules and regulations of...
• Section 2-8-366 Violations
  Any individual who sells shrimp or seafood in the state who willfully fails or refuses to deduct and pay to the commissioner any assessment shall...
• Article 11 Alabama Industrial Hemp Research Program.
• Section 2-8-380 Short title
  This article shall be known and may be cited as the Alabama Industrial Hemp Research Program Act.
• Section 2-8-381 Definitions
  As used in this article the following words shall have the following meanings: (1) DEPARTMENT. The Department of Agriculture and Industries. (2) GROWER. Any person,...
• Section 2-8-382 Purposes; programs; legislative findings
  (a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the...
• Section 2-8-383 Rulemaking authority; disposition of funds; powers and duties of department
  (a) The department may adopt rules in accordance with the Alabama Administrative Procedure Act, as necessary to administer an industrial hemp research program and to...

Last modified: May 3, 2021