Hatcheries and Chick Dealers.

Ala. Code tit. 2, ch. 16, art. 1

in effect

Ala. Code § 2-16-1 Definitions.

2-16-1. Definitions. When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PUBLIC HATCHERY. Any establishment that regularly artificially hatches and sells or offers for sale to the public baby chicks or the young of any domestic fowl under six weeks of age or hatching eggs or that does custom hatching. (2) CHICK DEALER or JOBBER. Any person, firm or corporation that buys baby chicks or turkey poults and sells or offers same for sale. (Acts 1945, No. 481, p. 718, §2.)

Ala. Code § 2-16-2 Promulgation of Rules and Regulations as to Operation of Public Hatcheries, Shipping into State of Baby Chicks, Etc., Eradication and Control of Poultry Diseases, Etc., by Department Authorized.

2-16-2. Promulgation of Rules and Regulations as to Operation of Public Hatcheries, Shipping into State of Baby Chicks, Etc., Eradication and Control of Poultry Diseases, Etc., by Department Authorized. In order to promote the poultry industry in this state, the Department of Agriculture and Industries is hereby authorized to make such regulations as may be necessary to set up minimum standards for the operation of public hatcheries, to regulate chick dealers and jobbers, to provide standards and to regulate shipping into this state of baby chicks, turkey poults and hatching eggs and for the control and eradication of contagious and infectious diseases of poultry. (Acts 1945, No. 481, p. 718, §1.)

Ala. Code § 2-16-3 Permit Required; Refusal or Revocation of Permit; Appeal and Review.

2-16-3. Permit Required; Refusal or Revocation of Permit; Appeal and Review. (a) No person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber shall operate within this state without first obtaining an annual permit from the state Commissioner of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall be established by the Board of Agriculture and Industries not to exceed sixty dollars ($60), which shall be due and payable on January 1 of each year; and, unless such permit fee is paid within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. The permit may be revoked for a violation of this article or the regulations promulgated under this article. (b) Any person who is refused a permit or whose permit is revoked may appeal from the decision of such commissioner to the State Board of Agriculture and Industries by a written demand for such appeal, which appeal must be heard at the next meeting of the State Board of Agriculture and Industries. The board shall enter judgment as it deems proper from the facts. (c) The action of the board in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the hatchery, chick dealer or jobber is located or resides, upon a complaint being filed in the circuit court, accompanied by a bond to be approved by the register or clerk, within 15 days after notice to the applicant or permittee of the board’s decision. The complaint shall be styled in the name of the applicant or permittee as plaintiff against the commissioner, as defendant, and shall set forth the action complained of and request its reversal. The commissioner shall serve an answer within 30 days after the complaint is served upon him or her. The case shall be heard de novo by the court and it shall be determined from the evidence whether the refusal or revocation of the permit is or is not justified under the provisions of this article, and judgment shall be accordingly entered, subject to the right of appeal, which shall lie as in other civil cases, which decision shall be binding upon the parties. (d) Appeal rights provided in this section shall not suspend the action of the commissioner in the revocation or refusal of a permit. (Acts 1945, No. 481, p. 718, §3; Acts 1951, No. 556, p. 972, §1; Act 2004-516, p. 996, §1.)

Ala. Code § 2-16-4 Requirements for Baby Chicks, Turkey Poults and Hatching Eggs Sold or Offered for Sale.

2-16-4. Requirements for Baby Chicks, Turkey Poults and Hatching Eggs Sold or Offered for Sale. All baby chicks or turkey poults and hatching eggs sold or offered for sale by public hatcheries and chick dealers or jobbers as a regular part of their business shall originate in flocks that meet the requirements of the national poultry improvement plan as administered by the Alabama Department of Agriculture and Industries and the regulations issued by authority of this article for the control of pullorum disease; provided, that nothing in this article shall require any hatchery to adopt the national poultry improvement plan. (Acts 1945, No. 481, p. 718, §4.)

Ala. Code § 2-16-5 Requirements for Baby Chicks, Turkey Poults and Hatching Eggs Shipped or Brought into State.

2-16-5. Requirements for Baby Chicks, Turkey Poults and Hatching Eggs Shipped or Brought into State. All baby chicks, turkey poults and hatching eggs shipped or otherwise brought into this state shall originate in flocks that meet the minimum requirements of pullorum disease control provided for under this article and the regulations issued by authority of this article and shall be accompanied by a certificate approved by the official state agency or the livestock sanitation officials of the state of origin certifying same. (Acts 1945, No. 481, p. 718, §5.)

Ala. Code § 2-16-6 Maintenance of Records by Public Hatcheries and Chick Dealers or Jobbers.

2-16-6. Maintenance of Records by Public Hatcheries and Chick Dealers or Jobbers. Every public hatchery and chick dealer or jobber shall keep such records of operation as the regulations of the Department of Agriculture and Industries may require for the proper inspection of said hatchery and chick dealer or jobber. (Acts 1945, No. 481, p. 718, §7.)

Ala. Code § 2-16-8 Department to Conduct Program in Accordance with National Poultry Improvement Plan; Acceptance and Disposition of Fees by Department for Services Rendered Poultrymen and Hatcherymen Participating in National Poultry Improvement Plan.

2-16-8. Department to Conduct Program in Accordance with National Poultry Improvement Plan; Acceptance and Disposition of Fees by Department for Services Rendered Poultrymen and Hatcherymen Participating in National Poultry Improvement Plan. The state Department of Agriculture and Industries shall conduct a program in accordance with the national poultry improvement plan sponsored by the United States Department of Agriculture. Said department is authorized to accept fees to be fixed by the State Board of Agriculture and Industries for services rendered to poultrymen and hatcherymen who participate in the national poultry improvement plan, said fees to be paid to the Commissioner of Agriculture and Industries and placed to the credit of the Agricultural Fund of the Department of Agriculture and Industries. (Acts 1945, No. 481, p. 718, §9.)

Ala. Code § 2-16-9 Violations of Provisions of Article or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors; Disposition of Fines.

2-16-9. Violations of Provisions of Article or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors; Disposition of Fines. Any person, firm or corporation who shall violate any provisions of this article or any rule or regulation duly established by authority of this article or shall operate or engage in business without a permit as required by Section 2-16-3 shall be guilty of a misdemeanor. All fines paid under this article shall be transmitted to the Department of Agriculture and Industries for deposit in the State Treasury to the credit of the Agricultural Fund. (Acts 1945, No. 481, p. 718, §8; Acts 1951, No. 556, p. 972, §2.)

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