Section 2-27-1 – Short Title.
Section 2-27-1 Short title. This article shall be known as the “Alabama Pesticide Act of 1971.” (Acts 1971, No. 1949, p. 3151, §1.)
Section 2-27-10 – License to Sell.
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 pesticide for importation into this state where such sale is directly to the user, custom applicator, aerial applicator, or pest-control operator, the person shall apply […]
Section 2-27-11 – Use Permits.
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 for such permits shall be furnished by the commissioner, and the permit shall be valid and effective for a period of time to be established by […]
Section 2-27-12 – Sampling and Inspection.
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 in the performance of his duties relating to pesticides, devices and records pertaining to same. It shall be a violation of the penalty provisions of […]
Section 2-27-13 – Deficiencies in Analysis.
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 is greater than plus or minus three percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed, except […]
Section 2-27-14 – Prohibited Acts.
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 or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (1) Any pesticide or device […]
Section 2-27-15 – Suspension From Sale, Seizure and Condemnation.
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 commerce or between points within this state through any point outside this state in violation of any of the provisions of this […]
Section 2-27-16 – Penalty for Violation of Article; Injunctions.
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 any duty or requirement imposed by the provisions of this article, or who shall violate any rule or regulation duly promulgated under […]
Section 2-27-2 – Definitions.
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. a. Any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other forms of plant or […]
Section 2-27-3 – Purpose of Article.
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 in the home and other uses for which pesticides are ordinarily and customarily used. (Acts 1971, No. 1949, p. 3151, §1.)
Section 2-27-4 – Administration and Enforcement.
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. (Acts 1971, No. 1949, p. 3151, §1.)
Section 2-27-5 – Exceptions to Applicability of Article.
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 if such carrier shall, upon request, permit the commissioner or his designated agent to copy all records showing the transactions in and movement […]
Section 2-27-5.1 – Local Governments Prohibited From Passing Ordinances Regulating Pesticides.
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 provided in subsection (b), no county, municipal corporation, or other political subdivision of this state shall adopt or continue in […]
Section 2-27-6 – Pesticide Advisory Committee.
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, institutions, and organizations as provided in this section. The Pesticide Advisory Committee’s membership, their term of service, method of appointment, authority, duties, and functions shall […]
Section 2-27-7 – Intergovernmental Cooperation and Agreements.
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 or any of its departments, and any other state or agency thereof, for the purpose of carrying out the provisions of this article and […]
Section 2-27-8 – Rules and Regulations.
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 fees for the administration and enforcement of the provisions of this article as provided in this article, the commissioner, with approval of the State Board […]
Section 2-27-9 – Registration, Application, and Fees; Registration Powers of Commissioner; Appeal and Review.
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 or between points within this state through any point outside this state shall be registered with the […]