Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 17 - Regulation of Certain Goods and Products
- Article 1 Brake Fluid.
- Section 8-17-1 Definitions
For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section: (1) COMMISSIONER. The Commissioner of...
- Section 8-17-2 Registration and permit for sale or distribution
(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or...
- Section 8-17-3 When deemed adulterated
Brake fluid shall be deemed to be adulterated unless it meets the minimum standards for purity and quality as such standards for brake fluid are...
- Section 8-17-4 When deemed misbranded
Brake fluid shall be deemed to be misbranded if its labeling is false or misleading in any particular and if in package form it does...
- Section 8-17-5 Sale, etc., prohibited if misbranded, adulterated or unregistered
No person shall sell, offer for sale, keep for sale, distribute, or add to the hydraulic brake system of motor vehicles in this state any...
- Section 8-17-6 Promulgation of rules and regulations; product to meet standards and other requirements
(a) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to adopt and promulgate by...
- Section 8-17-7 Suspension from sale, seizure and condemnation for violations; sale, etc., prohibited after suspension
(a) Any brake fluid sold, offered for sale, kept for sale, or distributed in this state which is in violation of any of the provisions...
- Section 8-17-8 Inspection and testing
The Commissioner of Agriculture and Industries and his agents, representatives or employees are authorized to enter any establishment where brake fluid is being sold, offered...
- Section 8-17-9 Penalty for violation of article
Any person who shall sell, offer for sale, or distribute any brake fluid in violation of the provisions of this article and any person who...
- Article 2 Caustic or Corrosive Substances.
- Section 8-17-20 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) DANGEROUS CAUSTIC OR CORROSIVE...
- Section 8-17-21 Selling, etc., in misbranded container, etc
No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous...
- Section 8-17-22 Confiscation, etc., of misbranded containers, etc
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, held,...
- Section 8-17-23 Enforcement of article; approval and registration of brands and labels; rules and regulations
The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title...
- Section 8-17-24 Penalty for violation of article
Any person violating the provisions of this article shall be guilty of a misdemeanor.
- Article 3 Linseed Oil.
- Section 8-17-40 Standards for raw linseed oil
No person shall sell or take orders for sale and delivery within the state any raw linseed oil unless the same is wholly obtained from...
- Section 8-17-41 Standards for boiled linseed oil
No person shall sell or take orders for sale and delivery within this state any boiled linseed oil, or so-called "boiled oil," unless the same...
- Section 8-17-42 Labeling of original, unbroken containers
No person shall sell any linseed or flaxseed oil unless it is exposed for sale or sold under its true name and each original unbroken...
- Section 8-17-43 Mixture or substitute to be marked and sold as such
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of linseed oil, raw or boiled,...
- Section 8-17-44 Enforcement of article; suspension from sale, seizure, etc., of illegal products
(a) The Commissioner of Agriculture and Industries through the facilities of the State Department of Agriculture and Industries shall enforce the provisions of this article....
- Section 8-17-45 Penalty for violation of article
Any person violating any provision of this article or the standards established hereunder shall be guilty of a misdemeanor and, upon conviction, shall be fined...
- Article 4 Paint.
- Article 5 Petroleum Products.
- Division 1 Standards and Inspections Generally.
- Section 8-17-80 Definitions
(a) The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context...
- Section 8-17-81 Determination and adoption of standards and methods of tests; promulgation of rules; effect of prior standards
(a) The Board of Agriculture and Industries shall have the power and duty to: (1) Determine and adopt standards of minimum specifications for petroleum products,...
- Section 8-17-82 Labeling requirement
(a) Each person selling, offering for sale, storing or using in the state any petroleum product must label, or cause to be labeled, each tank...
- Section 8-17-83 Adulteration or lowering of standard prohibited
It shall be unlawful for any person who has purchased for resale any petroleum product in respect of which an inspection fee has been paid...
- Section 8-17-84 Records to be kept; preservation and inspection of records; regulations as to keeping of records
(a) Each person required to be licensed under Section 40-17-332(a), (b), or (f) for gasoline, or permitted under Section 8-17-96 for dyed diesel fuel, dyed...
- Section 8-17-85 Examinations and tests; permit required for sale, storage, etc.; permit application, fee and expiration date; nonapplicability of section to certain persons
(a) All petroleum products sold, offered for sale, used or stored in the state shall be subject to examination and tests to determine the safety...
- Section 8-17-86 Duty to test samples; certificate of tests
(a) It is the duty of the Commissioner of Agriculture and Industries to secure samples of all petroleum products sold, offered for sale, stored or...
- Section 8-17-87 Inspection fee
(a) An inspection fee is imposed on the ultimate consumer of gasoline at the rate of two cents ($.02) per gallon, if the excise tax...
- Section 8-17-88 Sale, storage, etc., of nonstandard products prohibited; suspension from sale, condemnation, etc., of nonstandard products
(a) No person shall sell, offer for sale, store, use or bring to rest in the state for sale, offer for sale, use or storage...
- Section 8-17-89 Notification; duty of importer
Repealed by Act 2015-54, §2, effective October 1, 2016.
- Section 8-17-90 Driver of delivery vehicle to deliver invoice
No sale or delivery of petroleum products shall be made from a tank, wagon, motor vehicle or delivery truck unless the driver in charge of...
- Section 8-17-91 Disposition of funds; overpayments
(a) The proceeds from the permit fees, inspection fees, and penalties, if any, collected by the Commissioner of Agriculture and Industries and the Revenue Commissioner...
- Section 8-17-92 Injunctive relief
(a) In addition to penalty and other enforcement provisions of this division and notwithstanding the existence of another adequate remedy, the circuit court shall have...
- Section 8-17-93 Penalty for violation; revocation of permits
(a) Any person who sells, offers for sale, stores, or uses any petroleum product in the state which is below the legal standard, who makes...
- Section 8-17-94 Division not applicable to certain shipments
The provisions of this division shall not be construed to be applicable to petroleum products unloaded in any port of the state for shipment from...
- Section 8-17-95 (Effective October 1, 2016) Floor-stocks inspection fee
(a) There is hereby imposed a floor-stocks inspection fee on gasoline held in inventory outside of the bulk transfer/terminal system, as defined in Section 40-17-322,...
- Section 8-17-96 Inspection fee permit; liability of surety
(a) The supplier or permissive supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the federal government at the...
- Section 8-17-97 Collection and payment of inspection fee; filing requirements; rulemaking authority
(a) It shall be the duty of the person first selling dyed diesel fuel, dyed kerosene, or lubricating oil in this state or importing dyed...
- Section 8-17-98 (Effective October 1, 2016) Inspection fee of ultimate consumers having submitted refund petition
(a) Having submitted a refund petition for the excise tax under the provisions of Section 40-17-329(h), the following ultimate consumers shall owe an inspection fee...
- Section 8-17-99 Deduction on monthly returns
(a) The person first selling, the person importing, or the inspection fee permit holder of dyed diesel fuel or dyed kerosene may take a deduction...
- Section 8-17-100 (Effective October 1, 2016) Refusal of inspection fee permit; appeals
(a) The Department of Revenue may refuse to issue an inspection fee permit under this article if the applicant or any principal of the applicant...
- Section 8-17-101 Cancellation of inspection fee permit
(a) In accordance with the provisions of Chapter 2A of Title 40, the Department of Revenue may cancel the inspection fee permit required under Section...
- Section 8-17-102 Filing of returns
Every return required to be filed under this article shall be on forms and by means prescribed by the Revenue Commissioner and furnished by the...
- Division 2 Reclaimed or Re-Refined Oil.
- Section 8-17-110 Definitions
The terms "reclaimed oil" or "re-refined oil," as used in this division, shall mean any lubricating oil, lubricant or motor lubricating oil which has been...
- Section 8-17-111 Labeling requirements
It shall be unlawful for any person, firm, corporation or association to sell, offer for sale or keep for sale in the State of Alabama...
- Section 8-17-112 Advertising
It shall be unlawful for any person, firm, corporation or association to advertise, publicize or circulate advertising material or to use display advertising to promote...
- Section 8-17-113 Enforcement of division
The Commissioner of Agriculture and Industries is charged with the execution and enforcement of this division.
- Section 8-17-114 Suspension from sale, seizure, condemnation, etc., of illegal oil
Any reclaimed or re-refined oil kept for sale or offered for sale in violation of any of the provisions of this division shall be subject...
- Section 8-17-115 Nonapplicability of division to certain sales
The provisions of this division shall not apply to oil sold to the consumer on, or from, the premises of a person, firm or corporation...
- Section 8-17-116 Penalty for violation of division
Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall be...
- Division 3 Fraud and Deceit in Sale.
- Section 8-17-130 Deceit in sales
It shall be unlawful for any person to knowingly sell, or offer for sale, any liquid motor fuel, lubricating oil, grease or other similar petroleum...
- Section 8-17-131 Marking of pumps, etc. - Liquid motor fuels
Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public must...
- Section 8-17-132 Marking of pumps, etc. - Lubricating oils and motor greases
Every person selling or offering for sale, at retail to the public, lubricating oils and motor greases must conspicuously, clearly and distinctly place, and keep...
- Section 8-17-133 Removing markings on equipment, etc
It shall be unlawful for any person to intentionally erase, deface, destroy, or otherwise remove without the consent of the owner thereof the name of...
- Section 8-17-134 Selling, etc., under other name; adulteration of products
It shall be unlawful for any person to sell, expose, or offer for sale any liquid motor fuel or any lubricating oil, grease, or other...
- Section 8-17-135 Selling, etc., product other than that indicated
It shall be unlawful for any person to store, keep, expose for sale, or sell from any tank, container, pump, or other distributing device or...
- Section 8-17-136 Changing contents of containers
It shall be unlawful for any person to deposit or deliver, or knowingly aid or assist in depositing or delivering, into any tank, receptacle, or...
- Section 8-17-137 Imitation of markings, etc., of others with intent to deceive
It shall be unlawful for any person to imitate the design, symbol, emblem, color scheme, trade name, or markings of any equipment used by any...
- Section 8-17-138 Enforcement of division
(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division. (b) The provisions of Article 2, Chapter 2 of Title 2...
- Section 8-17-139 Penalty for violation of division
Any person who shall violate any of the provisions of this division shall be guilty of a misdemeanor.
- Division 4 Posting Price and Tax.
- Article 6 Turpentine.
- Section 8-17-170 Standards
(a) No person shall sell or take orders for sale and delivery within this state any "oil of turpentine," or so-called "spirits of turpentine," "turpentine,"...
- Section 8-17-171 Labeling requirements generally
No person shall sell any oil of turpentine unless it is exposed for sale or sold under its true name and each original unbroken tank...
- Section 8-17-172 Sale of substitutes; labeling of tanks, etc., containing substitutes
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other...
- Section 8-17-173 Enforcement of article; rules and regulations; applicability of Section 2-2-30, et seq
(a) The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this article....
- Section 8-17-174 Penalty for violation of article
(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding...
- Article 7 Liquefied Petroleum Gas.
- Article 8 Fireworks.
- Section 8-17-210 Definitions
As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise: (1) DISTRIBUTOR. Any...
- Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for use before a proximate audience; record of sales; enforcement
(a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the...
- Section 8-17-212 Assignment and utilization of permit numbers
The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided...
- Section 8-17-213 Requirement that consignee produce permit, etc., prior to delivery, sale, etc., of fireworks; requirement that purchaser of fireworks obtain proof that seller possesses permit; keeping of records by permit holders
No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit or evidence that...
- Section 8-17-214 Revocation of permit for reasons of purchasing, receiving, etc., illegal fireworks; notice of revocation; refusal to issue new permit to holder whose permit is cancelled or revoked
(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold,...
- Section 8-17-215 Effect of article on state, county, and municipal license requirements; requirement of proof of current and valid sales tax number
The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter...
- Section 8-17-216 Permits for sale, use, etc., of special fireworks for public displays
(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders...
- Section 8-17-216.1 Use of pyrotechnics before a proximate audience
(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection...
- Section 8-17-217 Permissible items of fireworks
(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into...
- Section 8-17-218 Sale, use, etc., of special Class B commercial type ground salutes
All items of fireworks which exceed the two grain limit of D.O.T. Class C common fireworks as to explosive composition, such items being commonly referred...
- Section 8-17-219 Conformance of permissible items to nomenclature of Section 8-17-217; identification marks on items
No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state or used...
- Section 8-17-220 Authorization for retail sales of permissible items of fireworks; items for which special fireworks permit at no time required
Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term "fireworks" shall not...
- Section 8-17-221 Requirements as to storage, display, etc., of fireworks; retail sales of fireworks from tents, motor vehicles, etc.; inspection by State Fire Marshal, etc., of premises where fireworks are to be stored or sold
(a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to...
- Section 8-17-222 Sale, etc., of fireworks to persons under 16 or intoxicated or irresponsible persons; display of identification by persons purchasing fireworks; acts constituting unlawful explosion or ignition of fireworks
It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an...
- Section 8-17-223 Applicability of article
Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads...
- Section 8-17-224 Penalty
Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor,...
- Section 8-17-225 Authority of State Fire Marshal to seize and destroy illegal fireworks
The State Fire Marshal shall seize as contraband any fireworks other than the permitted "Class C Common Fireworks" and related items defined in Section 8-17-217...
- Section 8-17-226 Effect of article on validity of city ordinances
This article shall in no wise affect the validity of any city ordinance further restricting the sale or use of fireworks.
- Article 8A Pyrotechnic Displays.
- Section 8-17-230 Definitions
For the purposes of this article, the following terms shall have the following meanings: (1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting...
- Section 8-17-231 Regulation and licensing of pyrotechnic displays
(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this...
- Section 8-17-232 Pyrotechnic special effects license
(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by...
- Section 8-17-233 Reciprocity
(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall...
- Section 8-17-234 Use of fireworks by unlicensed companies or individuals
(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state...
- Section 8-17-235 Use of hazardous explosive materials for entertainment purposes
The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior...
- Section 8-17-236 Licensing of certified lead technicians
(a) Any person who is certified as a lead technician by the State Fire Marshal on or before June 1, 2018, may apply to the...
- Section 8-17-237 Validity of license; disposition of fees
(a) A pyrotechnics display operator license or pyrotechnic special effects operator license issued under this article authorizes the holder to act pursuant to that license...
- Section 8-17-238 Violations
Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor.
- Section 8-17-239 Construction of article
This article shall be read in pari materia with Article 8, commencing with Section 8-17-210, of Chapter 17, Title 8.
- Article 9 Explosives.
- Section 8-17-240 Short title
This article shall be known and may be cited as the "Alabama Explosives Safety Act of 1993."
- Section 8-17-241 Definitions
The following words and phrases used in this article shall have the following meanings: (1) ACT. Alabama Explosives Safety Act of 1993. (2) BLAST. The...
- Section 8-17-242 Rules and regulations; orders; employment of personnel and purchasing of equipment
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing...
- Section 8-17-243 Blaster certification
(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using...
- Section 8-17-244 Refusing, suspending, revoking, or failing to renew certification
(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused...
- Section 8-17-245 Office may reissue certification card
In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification...
- Section 8-17-246 Records to be maintained on blasting operations
(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office. (b) It is unlawful for any...
- Section 8-17-247 Blasting contractor license
(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a...
- Section 8-17-248 Municipal explosives use permit
(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a...
- Section 8-17-249 Suspension or revocation of certification or license for certain actions
(a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud...
- Section 8-17-250 Variations from requirements
(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency...
- Section 8-17-251 Article preempts certain ordinances and regulations
This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or...
- Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil action for relief
(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about...
- Section 8-17-253 Penalty for violation of act
Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is...
- Section 8-17-254 Exceptions
(a) Nothing contained in this article shall apply to: (1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, or...
- Section 8-17-255 Sums collected to be credited to State Fire Marshal's Fund
All sums received through the payment of fees, the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State...
- Section 8-17-256 Determining compliance with article
In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon,...
- Article 10 Cigarette Ignition Propensity Standards.
- Section 8-17-270 Short title
This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act.
- Section 8-17-271 Definitions
As used in this article, the following terms shall have the following meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase...
- Section 8-17-272 Testing and certification of cigarettes
(a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold...
- Section 8-17-273 Manufacturer to submit written certification; recertification; fee
(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following: (1) Each cigarette listed in the...
- Section 8-17-274 Fire Standards Compliant marking
(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272....
- Section 8-17-275 Violations
(a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,...
- Section 8-17-276 Promulgation of rules; inspections
(a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article. (b) The...
- Section 8-17-277 Enforcement
To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are...
- Section 8-17-278 Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund
There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act...
- Section 8-17-279 Cigarettes for sale outside state
Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of...
- Section 8-17-280 Federal preemption
This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective.
- Section 8-17-281 Relation to local provisions
This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in...
Last modified: May 3, 2021