Section 2-26-1 Definitions. When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PERSON. An individual, partnership, corporation, company, society, association or agency. (2) AGRICULTURAL SEED. The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within […]
Section 2-26-10 Maintenance, inspection, etc., of records as to receipt, sale and delivery of seeds generally; maintenance of sales records by retail sellers; maintenance of bills of lading, waybills, etc., by trucks, etc., transporting seed for sale, etc.; auditing of records of receipts, sales and deliveries of seeds. (a) Records of receipts, sale and delivery […]
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed unless the test to determine the percentage of germination required by Section 2-26-7 shall have been completed within a nine-month period, exclusive of the […]
Section 2-26-12 Suspension from sale, seizure and condemnation of articles not in compliance with provisions of article. Any lot of agricultural, vegetable, herb, tree, shrub or flower seed not in compliance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation. The issuance of a “suspension from sale or […]
Section 2-26-13 Violation of provisions of article or rules or regulations promulgated hereunder deemed misdemeanor. Any person who shall perform any of the acts which are declared to be unlawful by this article or who fails to perform any duty or requirements imposed by the provisions of this article or who violates any rule or […]
Section 2-26-14 Exemptions from article. The provisions of this article do not apply to: (1) Seed when sold directly to and in the presence of the consumer and taken from the container properly labeled in accordance with the provisions of this article, but this provision shall in no way exempt the vendor from the analysis […]
Section 2-26-15 Seed inspection fees; reporting. (a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any person who sells or […]
Section 2-26-2 Powers and duties of commissioner generally. It shall be the duty of the Commissioner of Agriculture and Industries, who may act individually or through his authorized agents to: (1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub and flower seeds transported, sold, offered or exposed for sale or distributed […]
Section 2-26-3 Promulgation of rules and regulations by state board. (a) The State Board of Agriculture and Industries shall have power to prescribe and, after public hearing following due public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed and […]
Section 2-26-3.1 Exclusive jurisdiction of board and commissioner; local regulation of seeds prohibited. (a) This chapter and its provisions and requirements are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, or other use of seeds. […]
Section 2-26-4 Establishment of seed division and testing laboratory; enforcement of rules and regulations as to sale or distribution of tree or shrub seed. (a) There shall be established within the Department of Agriculture and Industries a seed division which shall maintain facilities, equipment, and qualified personnel to perform the seed testing, sampling, and analysis […]
Section 2-26-5 Annual permit fees. (a) Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such seed in the State of Alabama shall, before selling […]
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc., seed without permit. Any person required to secure a permit as provided under Section 2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be restrained from engaging in the sale of agricultural, vegetable, flower, […]
Section 2-26-7 Requirements as to labeling of containers in which seed sold, distributed, etc. (a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which is sold, offered for sale, exposed for sale or distributed within this state for planting or sowing purposes shall have attached thereto in a conspicuous place […]
Section 2-26-8 Analyses and interpretations of seeds. Analyses and interpretations shall be in accordance with the rules and regulations prescribed by the Association of Official Seed Analysts. (Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)
Section 2-26-9 Requirements as to certification, etc., of hybrid seed corn sold or offered for sale. No hybrid seed corn shall be sold or offered for sale unless it is certified by a recognized seed certifying agency or produced by a person having a bona fide corn breeding program. The State Board of Agriculture and […]
