Grading and Standards of Farm Products and Fish Generally.

Ala. Code tit. 2, ch. 11, art. 3

in effect

Ala. Code § 2-11-50 Article Not Applicable to Saltwater Fish and Seafood.

2-11-50. Article Not Applicable to Saltwater Fish and Seafood. This article shall not apply to saltwater fish and seafoods. (Acts 1969, No. 311, p. 646, §2.)

Ala. Code § 2-11-51 Commissioner Authorized to Make Rules and Regulations.

2-11-51. Commissioner Authorized to Make Rules and Regulations. The Commissioner of Agriculture and Industries, with the approval of the Board of Agriculture and Industries, may prescribe rules and regulations for carrying out the purposes of this article, including the fixing of fees which shall be reasonable and as nearly as may be to cover the cost of the service rendered. (Acts 1969, No. 311, p. 646, §1.)

Ala. Code § 2-11-52 Establishment and Alteration of Grades and Standards.

2-11-52. Establishment and Alteration of Grades and Standards. The commissioner, with the approval of the Board of Agriculture and Industries, may establish and promulgate official grades and standards for farm products and fish produced and processed within the state for the purpose of sale and may from time to time amend or modify such grades and standards. Such official grades and standards may be promulgated so as to apply regardless of the stage of processing or of the form in which such farm products and fish are sold. Before establishing, amending or modifying any such grades or standards, the said commissioner shall hold public hearings in such places within the state as shall be most convenient to producers of the commodity under consideration. Notice of such hearings shall be advertised for three successive weeks prior thereto in a newspaper or newspapers of general circulation within the county where the hearing is to be held and shall specify the date and place of each hearing and that it is to be held for the purpose of obtaining information with a view to establishing grades or standards for farm products and fish. (Acts 1969, No. 311, p. 646, §2.)

Ala. Code § 2-11-53 Adoption of Brands, Labels or Trademarks; Application for Use; Revocation or Suspension of Right to Use.

2-11-53. Adoption of Brands, Labels or Trademarks; Application for Use; Revocation or Suspension of Right to Use. The commissioner, with the approval of the Board of Agriculture and Industries, may determine or design brands or labels for identifying farm products or fish packed and processed in accordance with the official grades and standards established as provided by law and may furnish information to packers and shippers as to where such labels may be obtained. A written application to the said commissioner requesting permission to use said brands or labels and a written acceptance thereto by the said commissioner or his duly authorized assistants shall be a condition precedent to the use of such brands or labels. The said commissioner, with the approval of said board, may revoke or suspend the right to use such brands or labels whenever it appears on investigation that they have been used to identify farm products or fish not in fact conforming to the grade indicated. (Acts 1969, No. 311, p. 646, §3.)

Ala. Code § 2-11-54 Publicity as to Establishment of Grades, Etc.

2-11-54. Publicity as to Establishment of Grades, Etc. Upon the establishment of the grades or standards, brands or labels, the commissioner shall give due publicity through the newspapers of the state, setting forth the grade or grades so established and the date on which such establishment is to become effective, and shall distribute information explaining the same and their use. (Acts 1969, No. 311, p. 646, §4.)

Ala. Code § 2-11-55 Unauthorized Use of Brand or Label.

2-11-55. Unauthorized Use of Brand or Label. After notice of the establishment of grades or standards and the determination of brands and labels, it shall be unlawful to use a brand or label to identify farm products and fish as being of a grade established before a permit is granted or after the revocation of the right to use such brand or label by the commissioner, with the approval of said board. Violations of this section shall be punishable for the first offense by a fine of not more than $50.00 and for subsequent offenses by a fine of not more than $200.00. (Acts 1969, No. 311, p. 646, §5.)

Ala. Code § 2-11-56 Inspection of Farm Products and Fish; Certificate.

2-11-56. Inspection of Farm Products and Fish; Certificate. The commissioner or his duly authorized agents may inspect farm products and fish marked, branded or labeled in accordance with official grades or standards established and promulgated by the said commissioner, with the approval of the Board of Agriculture and Industries, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Certificates issued in pursuance of such inspection and executed by the inspector shall state the date and place of inspection, the grade, condition and approximate quality of the farm products and fish inspected and such other pertinent facts as the said commissioner, with the approval of the said board, may require. Such a certificate relative to the condition or quality of said farm products and fish shall be prima facie evidence in all courts of the state of the facts required to be stated therein. (Acts 1969, No. 311, p. 646, §6.)

Ala. Code § 2-11-57 Right of Entry; Samples; Obstructing Commissioner, Etc., in Performance of Duty.

2-11-57. Right of Entry; Samples; Obstructing Commissioner, Etc., in Performance of Duty. The commissioner, in person or by deputy, shall have free access at all reasonable hours to any building or other place wherein it is reasonably believed that farm products and fish are marked, branded or labeled in accordance with official grades established and promulgated by the said commissioner, with the approval of the Board of Agriculture and Industries, or are being marketed or held for commercial purposes. He shall have power, in person or by deputy, to open any bags, crates or other containers containing said farm products and fish and to examine the contents thereof and may, upon tendering the market price, take samples therefrom. Whoever obstructs or hinders the said commissioner or any of his duly qualified assistants in the performance of his duties under this article shall be punished by a fine of not less than $10.00 nor more than $100.00. (Acts 1969, No. 311, p. 646, §7.)

Ala. Code § 2-11-58 Disposition of Fees and Charges.

2-11-58. Disposition of Fees and Charges. All fees and charges collected under this article shall be deposited with the State Treasurer to the credit of the Department of Agriculture and Industries. (Acts 1969, No. 311, p. 646, §8.)

Ala. Code § 2-11-59 Article Cumulative.

2-11-59. Article Cumulative. This article is cumulative and is not intended to replace any similar laws in effect on August 12, 1969. (Acts 1969, No. 311, p. 646, §10.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026