Section 2-22-1 – Short Title.
Section 2-22-1 Short title. This chapter shall be known as the Alabama Fertilizer Law of 1969. (Acts 1969, No. 434, p. 840, §1.)
Section 2-22-10 – Furnishing of Semiannual Tonnage Reports by Licensees.
Section 2-22-10 Furnishing of semiannual tonnage reports by licensees. (a) Each licensee shall furnish the commissioner a report showing the number of tons of each grade of fertilizer sold in each county in the state semiannually pursuant to regulations adopted by the board. Said report shall be submitted not later than 30 days following the […]
Section 2-22-11 – Inspection, Sampling, Testing and Analysis of Commercial Fertilizers by Commissioner; Furnishing of Results, etc., to Licensees Where Fertilizers Found Subject to Penalty or Legal Action.
Section 2-22-11 Inspection, sampling, testing and analysis of commercial fertilizers by commissioner; furnishing of results, etc., to licensees where fertilizers found subject to penalty or legal action. (a) It shall be the duty of the commissioner, who may act through his authorized agent, to sample, inspect, make analyses of and test commercial fertilizers distributed within […]
Section 2-22-12 – Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers – Generally.
Section 2-22-12 Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers – Generally. (a) If the analysis shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances as established by regulation adopted by the State Board of Agriculture and […]
Section 2-22-13 – Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers – Legal Actions for Recovery of Penalty.
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers – Legal actions for recovery of penalty. In any case wherein the licensee fails or refuses to make payment to the consumer of a penalty within the time required, the consumer may institute legal action against the licensee for the […]
Section 2-22-14 – Ascertainment and Publication of Fair Market Values of Nitrogen, Available Phosphorus and Soluble Potassium in Commercial Fertilizers.
Section 2-22-14 Ascertainment and publication of fair market values of nitrogen, available phosphorus and soluble potassium in commercial fertilizers. For the purpose of determining the commercial values to be applied under the provisions of Section 2-22-12, the commissioner shall ascertain and publish annually the fair market values per pound of nitrogen, available phosphorus and soluble […]
Section 2-22-15 – Establishment, etc., of Standards of Classification for Commercial Fertilizers Generally; Adoption of Standards for Sale of Specialty Fertilizers; Establishment of Standards and Minimum Guarantees for Plant Nutrients Other Than Nitrogen, Phosphorus and Available Potassium.
Section 2-22-15 Establishment, etc., of standards of classification for commercial fertilizers generally; adoption of standards for sale of specialty fertilizers; establishment of standards and minimum guarantees for plant nutrients other than nitrogen, phosphorus and available potassium. The board shall have authority to establish standards of classification for commercial fertilizer according to ratios and grades by […]
Section 2-22-16 – Sale, Offer for Sale or Distribution of Misbranded Commercial Fertilizers; When Commercial Fertilizers Deemed Misbranded; Adoption of Regulations Defining Plant Nutrients or Commercial Fertilizers.
Section 2-22-16 Sale, offer for sale or distribution of misbranded commercial fertilizers; when commercial fertilizers deemed misbranded; adoption of regulations defining plant nutrients or commercial fertilizers. (a) No person shall sell, offer for sale or distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded if: (1) Its labeling is false or […]
Section 2-22-17 – Sale, Offer for Sale or Distribution of Adulterated Commercial Fertilizers; When Commercial Fertilizers Deemed Adulterated.
Section 2-22-17 Sale, offer for sale or distribution of adulterated commercial fertilizers; when commercial fertilizers deemed adulterated. No person shall sell, offer for sale or distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount to render it […]
Section 2-22-18 – Penalty for Manufacture of Commercial Fertilizer Short in Weight.
Section 2-22-18 Penalty for manufacture of commercial fertilizer short in weight. If any commercial fertilizer in the possession of or consigned to the consumer is found by the commissioner to be short in weight, the licensee who manufactures said commercial fertilizer shall, within 30 days after official notice from the commissioner, pay to the consumer […]
Section 2-22-19 – Annual Publications.
Section 2-22-19 Annual publications. The commissioner shall publish at least annually and in such form as he may deem proper: (1) Information concerning the distribution of commercial fertilizer; and (2) The results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the guaranteed analyses. (Acts 1969, No. 434, […]
Section 2-22-2 – Definitions.
Section 2-22-2 Definitions. When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COMMERCIAL FERTILIZER. Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in […]
Section 2-22-20 – Rules and Regulations.
Section 2-22-20 Rules and regulations. For the administration and enforcement of this chapter, the board is authorized to adopt and promulgate reasonable rules and regulations relating to the sale and distribution of commercial fertilizers necessary to carry out the full intent and meaning of this chapter, including, but not limited to, fixing tolerances for plant […]
Section 2-22-21 – Suspension From Sale, Seizure and Condemnation of Commercial Fertilizers Not in Compliance With Chapter or Rules or Regulations Promulgated Thereunder.
Section 2-22-21 Suspension from sale, seizure and condemnation of commercial fertilizers not in compliance with chapter or rules or regulations promulgated thereunder. Any lot or other quantity of commercial fertilizer not in compliance with the provisions of this chapter or rules and regulations duly adopted and promulgated under this chapter shall be subject to suspension […]
Section 2-22-22 – Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors; Injunctive Proceedings to Restrain Violations of Chapter or Rules or Regulations Promulgated Thereunder.
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations promulgated thereunder. (a) Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter […]
Section 2-22-23 – Chapter Not to Restrict or Avoid Sales or Exchanges of Commercial Fertilizers Between Manufacturers, Processors, etc., or Shipment of Fertilizers to Manufacturers or Processors.
Section 2-22-23 Chapter not to restrict or avoid sales or exchanges of commercial fertilizers between manufacturers, processors, etc., or shipment of fertilizers to manufacturers or processors. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers or processors who mix fertilizer materials […]
Section 2-22-3 – Administration of Chapter.
Section 2-22-3 Administration of chapter. This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as “commissioner.” (Acts 1969, No. 434, p. 840, §2.)
Section 2-22-4 – Fertilizer Dealer Permit Required; Relation to Section 2-22-5.
Section 2-22-4 Fertilizer dealer permit required; relation to Section 2-22-5. Before any person may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof, the person shall first procure a fertilizer dealer permit from the commissioner authorizing the person to sell, exchange, or deal therein. The permit shall […]
Section 2-22-5 – Licenses for Sale of Commercial Fertilizer.
Section 2-22-5 Licenses for sale of commercial fertilizer. (a) Before any person sells or offers for sale any commercial fertilizer in this state for use herein or before any person sells such fertilizer for importation into this state for use herein where such person is required to comply with the labeling requirements of Section 2-22-7, […]
Section 2-22-6 – Cancellation or Refusal of Licenses.
Section 2-22-6 Cancellation or refusal of licenses. The commissioner is authorized and empowered to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory evidence that the licensee or applicant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter […]