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Form a Business

General Provisions.

Ala. Code tit. 8, ch. 16, art. 1
in effect

Ala. Code § 8-16-1 Definitions.

8-16-1. Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) REGISTERED SERVICE AGENT. Any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind, services, repairs, or reconditions any weighing or measuring devices, and that registers with the Commissioner of Agriculture and Industries. (2) SELL or SALE. Such terms shall include barter and exchange. (3) WEIGHTS, MEASURES or WEIGHING OR MEASURING DEVICES. Such terms include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing, or measuring, and any appliances and accessories connected with any or all such instruments. (Ag. Code 1927, §241; Code 1940, T. 2, §600; Act 2013-212, p. 485, §1.)

Ala. Code § 8-16-2 Standard Measure of Length, Surface, Weight, and Capacity.

8-16-2. Standard Measure of Length, Surface, Weight, and Capacity. There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of capacity for dry substances throughout this state, which must be in conformity with the standard measure of length, surface, weight, and capacity established by Congress. Any firm, association, corporation, or person selling, offering, or exposing for sale any commodity by weight or measure which does not correspond with such standard or measure is guilty of a misdemeanor. (Ag. Code 1927, §228; Code 1940, T. 2, §587.)

Ala. Code § 8-16-3 Standards Approved by Congress to Be State Standards.

8-16-3. Standards Approved by Congress to Be State Standards. The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards shall be the state standards by which all state, county, and municipal standards of weights and measures shall be tried, proved, and sealed. (Ag. Code 1927, §230; Code 1940, T. 2, §589.)

Ala. Code § 8-16-4 Contracts Construed According to Standards Ascertained by Congress.

8-16-4. Contracts Construed According to Standards Ascertained by Congress. All contracts made within this state for any work to be done or for anything to be sold or delivered must be construed to have been according to the standard of weight and measure ascertained by Congress, unless the parties stipulate to the contrary. (Ag. Code 1927, §229; Code 1940, T. 2, §588.)

Ala. Code § 8-16-5 Custody of State Standards; Duties of Commissioner of Agriculture and Industries as to Standards.

8-16-5. Custody of State Standards; Duties of Commissioner of Agriculture and Industries as to Standards. (a) The state standards of weights and measures shall be kept by the Commissioner of Agriculture and Industries in a safe and suitable place in his or her office, from which the standards shall not be removed except for repairs. (b) With respect to the state standards of weights and measures, the Commissioner of Agriculture and Industries shall have the following duties: (1) Maintain such standards in good order. (2) Replace such standards as are incorrect and purchase such additional standards as shall be necessary to complete and make up a complete standard of weights and measures. (3) Purchase such apparatus as shall be found necessary to a proper prosecution of the work of the office, to be known as working standards. (4) Compare such working standards with the state standards at such times as the commissioner deems necessary to prove the accuracy of the working standards. (5) Keep a record of all standards and other apparatus belonging to the state for the purposes of this chapter. (6) Maintain traceability of the state standards to the National Bureau of Standards. (c) Weights and measures that are traceable to the U.S. prototype standards supplied by the federal government, or approved as being satisfactory by the National Bureau of Standards, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the National Bureau of Standards. All secondary standards may be prescribed by the commissioner and shall be verified upon their initial receipt, and as often thereafter as deemed necessary by the commissioner. (d) Any testing or analysis required to be performed may be performed as provided in Section 2-2-33. (Ag. Code 1927, §231; Code 1940, T. 2, §590; Acts 1979, No. 79-162, p. 268; Act 2015-262, §2.)

Ala. Code § 8-16-6 Duties Generally of Commissioner Respecting Weights and Measures.

8-16-6. Duties Generally of Commissioner Respecting Weights and Measures. With respect to weights and measures, the Commissioner of Agriculture and Industries shall have the following duties: (1) To try and prove by the state standards, at least once in five years, all weights, measures, and other apparatus which may belong to any county or city and shall seal such when found to be accurate, stamping on them the letter “A” and the last two figures of the year with seals which he or she shall have and keep for that purpose. (2) To have and keep a general supervision of the weights, measures, and weighing and measuring devices offered for sale, sold, or in use in the state. (3) Upon the written request of any citizen, firm, corporation, or educational institution in the state, to test or calibrate weights, measures, weighing, or measuring devices, and instruments or apparatus used as standards in this state. (4) To assure that at least once annually all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the Legislature are inspected, and report in writing his or her findings through the supervisory board and to the executive officer of the institution concerned. At the request of such board or executive officer, the Commissioner of Agriculture and Industries shall appoint in writing one or more employees then in the actual service of each institution who shall act as special deputy or deputies, without extra compensation, for the purpose of checking the receipts and disbursements of supplies. (5) To include a report of the work done by his or her office in his or her general report to the State Board of Agriculture and Industries. (6) To inspect all standards and apparatus used by the counties and cities at least once in five years and shall keep a record of the same. (7) At least once in five years, to visit the various cities and counties of the state in order to inspect the work of the local sealers of weights and measures. (8) To issue from time to time regulations for guidance for city and county sealers, and the regulations shall govern the procedure to be followed by these officers in the discharge of their duties. (Ag. Code 1927, §232; Code 1940, T. 2, §591; Act 2013-212, p. 485, §1.)

Ala. Code § 8-16-7 Powers of Commissioner and Local Sealers in Supervising Weights and Measures.

8-16-7. Powers of Commissioner and Local Sealers in Supervising Weights and Measures. (a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within the state, the county sealer within the county and the city sealer within the city shall have the power and it shall be their duty to inspect, test, try, and ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or reward, in computing any charge for services rendered on the basis of weight or measure or in determining weight or measure when a charge is made for such determination. (b) They shall have the power to, and shall from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered, or exposed for sale, sold, or in the process of delivery in order to determine whether the same contain the amount represented and whether they are offered for sale or sold in a manner in accordance with the law. (c) They shall, at least once each year and more often as they may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct. (d) They, for the purpose above mentioned and in the general performance of their official duties, at any reasonable time, may enter and go into or upon, without formal warrant, any stand, place, building, or premises or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever and require him or her, if necessary, to proceed to some place which the local sealer may specify for the purpose of making the proper test. (e) The commissioner may perform such testing of weighing or measuring devices through a registered service agent. The commissioner’s duty to inspect and test weighing or measuring devices used for commercial transaction is fulfilled by the registered service agent’s inspection and test for accuracy. (f) A registered service agent shall perform the inspection and test of weighing and measuring devices in accordance with the rules promulgated by the Board of Agriculture and Industries. The registered service agent who performs the recalibration or repair may be, but is not required to be, the same registered service agent who performed the inspection. The registered service agent who performs the inspection and test of weighing and measuring devices may be an agent or employee of the owner or an affiliate of the owner of the weighing and measuring devices. (g) The Department of Agriculture and Industries shall approve a decal and upon approval, the department shall provide a decal to registered service agents. After the device meets all requirements as promulgated by the Board of Agriculture and Industries the registered service agent shall place an approved decal conspicuously on the weighing or measuring device. (h) The registered service agent shall provide all inspection and test reports of the weighing or measuring devices to the commissioner. The commissioner may adopt a uniform reporting system to be utilized by all registered services. (i) The commissioner may adopt a system to periodically monitor, inspect, or test such weighing or measuring devices to check the accuracy of the work of the registered service agent. (j) The power conferred on the commissioner in subsection (d) shall not apply to a registered service agent. (k) Beginning October 1, 2013, the commissioner may suspend or revoke the certificate of registration of a registered service agent for violating any provisions of this article. (l) If the certificate of registration of a registered service agent has been suspended or revoked, then the service agent may not register with the department as a service agent for at least one year. (m) Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures finds a violation of the statutes relating to weights and measures, he or she shall cause the violator to be prosecuted. (n) Notwithstanding the provisions of this section, the testing, inspection, and examination of all weights, measures, and weighing or measuring devices is subject to the oversight authority of the commissioner as set forth hereinabove. (Ag. Code 1927, §236; Code 1940, T. 2, §595; Act 2013-212, p. 485, §1.)

Ala. Code § 8-16-8 Weights or Measures Corresponding with Standards to Be Sealed or Marked.

8-16-8. Weights or Measures Corresponding with Standards to Be Sealed or Marked. Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares weights, measures or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weight, measure or weighing or measuring device with appropriate devices to be approved by the commissioner. (Ag. Code 1927, §237; Code 1940, T. 2, §596.)

Ala. Code § 8-16-9 Condemnation, Repair, Etc., of Nonstandard Weights and Measures.

8-16-9. Condemnation, Repair, Etc., of Nonstandard Weights and Measures. (a) The Commissioner of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize, and may destroy weights, measures, or weighing or measuring devices which are false, fraudulent, or cannot be made to conform to the legal standards. They shall condemn and mark or tag as “condemned for repairs” such weights, measures, or weighing, or measuring devices which are found incorrect and yet, in their best judgment, may be repaired. (b) The owners or users of any weights, measures, or weighing or measuring devices which have been condemned for repairs shall have the same repaired and corrected within 10 days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commissioner of Agriculture and Industries or local sealer of weights and measures. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required above shall be confiscated by such commissioner or sealer. (Ag. Code 1927, §238; Code 1940, T. 2, §597.)

Ala. Code § 8-16-10 Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity.

8-16-10. Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity. The Commissioner of Agriculture and Industries or any local sealer of weights and measures is authorized and empowered to seize for use as evidence, without formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring device, package, or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of the law. (Ag. Code 1927, §239; Code 1940, T. 2, §598.)

Ala. Code § 8-16-11 Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; Power of Arrest.

8-16-11. Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; Power of Arrest. There is conferred upon the Commissioner of Agriculture and Industries and local sealers of weights and measures the same powers in their respective jurisdictions as are possessed by sheriffs of this state for the purpose of carrying out the provisions of this chapter only. In the exercise of their duties they shall exhibit their badges to any person questioning their authority upon demand. They are authorized and empowered to make arrests of any person violating any provisions of this chapter. (Ag. Code 1927, §240; Code 1940, T. 2, §599.)

Ala. Code § 8-16-12 Possession of Altered, Etc., Weight, Measure or Device Prima Facie Evidence of Guilt.

8-16-12. Possession of Altered, Etc., Weight, Measure or Device Prima Facie Evidence of Guilt. In all prosecutions for the violation of any laws relating to weights and measures, the possession of a weight, measure or weighing or measuring device which has been altered, changed or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, thing or service shall be prima facie evidence of the guilt of the person having the same in possession. (Ag. Code 1927, §244; Code 1940, T. 2, §602.)

Ala. Code § 8-16-13 Existence of Weights, Measures or Devices in Place of Sale, Etc., Presumptive Proof of Use and Ownership.

8-16-13. Existence of Weights, Measures or Devices in Place of Sale, Etc., Presumptive Proof of Use and Ownership. For the purposes of this article, proof of the existence of weights, measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on shall be presumptive proof of their regular use for such purposes and of their ownership by the person so using or possessing them, and such fact shall be deemed to remain established until disproved beyond reasonable doubt. (Ag. Code 1927, §263; Code 1940, T. 2, §619.)

Ala. Code § 8-16-15 Rules and Regulations; Fees.

8-16-15. Rules and Regulations; Fees. (a) The Board of Agriculture and Industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations for the better enforcement of the provisions of law relative to weights and measures and the sale of commodities, things, or service by weight or measure, and to establish a fee payable annually by all individuals or entities subject to this section not to exceed one hundred fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection fee for those individuals and entities utilizing measuring devices measuring 30 pounds or less shall be based upon a sliding scale broken into 5 categories based upon the total dollar volume of each individual or entity with the minimum rate not to exceed twenty-five dollars ($25) and the maximum not to exceed one hundred fifty dollars ($150). (b) The board shall prescribe specifications as to the type of make-up and reasonable variations or tolerances for all weights, measures, and weighing and measuring devices used, offered, exposed for sale, sold, or given away in the state. (c) Any weight, measure, or weighing or measuring device which does not comply with these specifications or does not conform with the state’s standards within such tolerances shall be a false and incorrect weight, measure, or weighing or measuring device. (d) The board shall prescribe reasonable rules and regulations for the submission of samples and the examination of type and approval or disapproval of all types of weights or measures or weighing or measuring devices used, offered, or exposed for sale or given away in the state. (Ag. Code 1927, §259; Code 1940, T. 2, §616; Act 2004-516, p. 996, §1.)

Ala. Code § 8-16-16 Standards for Containers of Farm Products - Duty to Establish.

8-16-16. Standards for Containers of Farm Products - Duty to Establish. It shall be the duty of the State Board of Agriculture and Industries to fix and promulgate official standards for containers of farm products and to change any of them from time to time as may be found necessary. (Ag. Code 1927, §260; Code 1940, T. 2, §617.)

Ala. Code § 8-16-17 Standards for Containers of Farm Products - Adoption of Federal Standards.

8-16-17. Standards for Containers of Farm Products - Adoption of Federal Standards. The State Board of Agriculture and Industries is authorized to fix and promulgate as the official standards for this state, for any container for any agricultural product, the standard for such product which may have been promulgated or announced therefor under the authority of the Congress of the United States. In carrying out the provisions of this section the Commissioner of Agriculture and Industries is authorized to cooperate with the United States government, or any department thereof, in accomplishing the matters and things referred to in this section. (Ag. Code 1927, §258; Code 1940, T. 2, §615.)

Ala. Code § 8-16-18 Penalties for Violation of Chapter.

8-16-18. Penalties for Violation of Chapter. (a) Any person violating any provision of this chapter or the rules and regulations issued hereunder shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this chapter, shall be fined not more than $500 and may also be sentenced to hard labor for not more than six months. (b) In addition to the criminal penalty provided for in subsection (a), the Board of Agriculture and Industries may adopt a schedule of civil fines for violations of this chapter. All fines collected under this chapter shall be deposited into the Agricultural Fund in the State Treasury. (Ag. Code 1927, §611; Code 1940, T. 2, §12; Act 2013-212, p. 485, §1.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026

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