General Provisions.

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

in effect

Ala. Code § 2-2-1 Chief Executive Officer of Department.

2-2-1. Chief Executive Officer of Department. The constitutional officer known as the Commissioner of Agriculture and Industries shall be the chief executive officer and shall have management and control of the Department of Agriculture and Industries. He shall exercise all rights, privileges, powers and duties granted him under the Constitution and statutes of the state. (Ag. Code 1927, §7; Code 1940, T. 2, §14.)

Ala. Code § 2-2-2 Qualifications of Commissioner.

2-2-2. Qualifications of Commissioner. The commissioner shall be a person of good moral character of recognized executive ability and trained in the practice and science of agriculture. (Ag. Code 1927, §8; Code 1940, T. 2, §15.)

Ala. Code § 2-2-3 Bond.

2-2-3. Bond. Before entering upon the duties of his office, the Commissioner of Agriculture and Industries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Board of Agriculture and Industries, for the faithful performance of his duties. (Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)

Ala. Code § 2-2-4 Term of Office; Vacancy.

2-2-4. Term of Office; Vacancy. The commissioner shall hold office for a term of four years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified. The vacancies in said office shall be filled by the Governor for the unexpired term and until the election and qualification of a successor. (Ag. Code 1927, §9; Code 1940, T. 2, §16.)

Ala. Code § 2-2-5 Salary of Commissioner.

2-2-5. Salary of Commissioner. (a) The Commissioner of Agriculture and Industries shall be paid such salary as shall be fixed by law. The salary shall be payable from the Agricultural Fund of the State Treasury, and shall be payable to the officer in installments in the same manner as the salaries of other state officers are paid. The salary shall be the entire annual compensation paid to the Commissioner of Agriculture and Industries for the performance of the duties of the office and all ex officio duties of the office. (b) Effective beginning the term of office commencing in January 2023, the salary of the Commissioner of Agriculture and Industries shall be one hundred ten thousand dollars ($110,000) per year. In addition, the commissioner shall be entitled to any cost-of-living pay increases and other benefits granted to state employees. Notwithstanding the foregoing, if a cost-of-living increase is granted during the term of the commissioner, the cost-of-living increase shall be paid as an expense allowance during the term of the incumbent; and, effective the next term of office of the commissioner, the amount of any cumulative expense allowances during the term shall be included in the base salary of the commissioner and any expense allowances shall be voided. (Acts 1961, Ex. Sess., No. 87, p. 2004; Acts 1966, Ex. Sess., No. 244, p. 366, §1; Acts 1969, No. 1070, p. 1991, §1; Act 2022-377, §1.)

Ala. Code § 2-2-6 Inspection of Books; Examination of Witnesses; Divulging Information.

2-2-6. Inspection of Books; Examination of Witnesses; Divulging Information. The commissioner or his duly appointed agents shall have authority to inspect books and records, to hear complaints, to administer oaths, to certify to all official acts and to examine under oath in any part of the state witnesses in any matter pertaining to their duties and cause such examination to be reduced to writing. If any person, having been sworn by any of the above officers to tell the truth, shall willfully give false testimony, he shall be guilty of perjury. If the commissioner or any member of the board or any employee or agent shall divulge any information acquired from the private books, documents or papers of any person, firm or corporation while acting or claiming to act under any authorization or designation in respect to confidential or private transactions, property or business of any person, firm or corporation, except in his report to the State Board of Agriculture and Industries or in the report of any agent or employee to the commissioner or when called upon to testify in any court or proceedings at law, he shall be guilty of a misdemeanor, and such employee or agent shall be disqualified from acting in any official capacity in the department. (Ag. Code 1927, §12; Code 1940, T. 2, §18.)

Ala. Code § 2-2-7 Annual Report; Publication of Handbooks, Pamphlets, Etc.

2-2-7. Annual Report; Publication of Handbooks, Pamphlets, Etc. The commissioner, with the approval of the State Board of Agriculture and Industries, shall submit each year on or before December 1 or as early thereafter as practicable to the Governor an annual report covering all operations of the Department of Agriculture and Industries and the condition, progress and needs of agriculture and industries throughout the state. Such annual report may be printed as now provided by law in sufficient quantities for general distribution as needed. He may publish, by and with the approval of the State Board of Agriculture and Industries, such handbooks, pamphlets, bulletins, notices and information as in his judgment will aid and promote agricultural and industrial development of Alabama and the enforcement of the provisions of law relating to agriculture and industries. (Ag. Code 1927, §13; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §19.)

Ala. Code § 2-2-8 Commissioner’s Powers and Duties Generally; Assistance from Other State Agencies.

2-2-8. Commissioner’s Powers and Duties Generally; Assistance from Other State Agencies. (a) The commissioner shall execute the agricultural and industrial policies of the State Board of Agriculture and Industries. It shall be his duty: (1) To investigate and ascertain the industrial possibilities of the State of Alabama and to seek to secure the development of the same; (2) To collect statistics in regard to industrial development in the State of Alabama; (3) To make investigations as to any matter relative to industrial development and possibilities; (4) To cooperate in the fostering and development of the industrial interests of the state; (5) To cooperate especially in the promotion, establishment and location of industries in the smaller municipalities and rural communities of the state which use as a raw material farm products of any character; (6) To cooperate with the state chamber of commerce, local chambers of commerce and all local industrial boards to promote the purposes of this title; and (7) To employ such clerical assistants, agents or representatives and to secure such expert advice or assistance as may be necessary for carrying out the purposes of this title and any other provision of this Code or other statute which he is authorized to administer or enforce. (b) In the discharge of the functions, duties and powers placed upon, vested in and to be exercised by him in accordance with the provisions of this title and any other provision of this Code or other statute which he is authorized to administer or enforce, the Commissioner of Agriculture and Industries shall have the right to call on all state departments, institutions, agencies, bureaus, boards or commissions for assistance, reports, advice and information, and it shall be the duty of such departments, institutions, agencies, bureaus, boards or commissions to comply with such request. (Ag. Code 1927, §14; Acts 1939, No. 507, p. 770; Code 1940, T. 2, §20.)

Ala. Code § 2-2-8.1 Promotion of Economic and Industrial Development.

2-2-8.1. Promotion of Economic and Industrial Development. (a) The Commissioner of the State Department of Agriculture and Industries, or an employee designated in writing by the commissioner, in order to promote economic and industrial development in this state, may expend the funds of the department in such a manner as the commissioner deems appropriate to entertain economic development prospects, to promote public relations with the prospects, and for other public purposes. (b) All funds expended pursuant to this section shall be subject to the same auditing and accounting procedures as used for the Alabama Development Office and the Alabama State Port Authority for comparable functions and expenditures and as otherwise provided by law. (Act 2007-392, p. 785, §1.)

Ala. Code § 2-2-9 Delegation of Powers and Duties.

2-2-9. Delegation of Powers and Duties. The commissioner may delegate any of his powers to or direct any of his duties to be performed by the chief of a division and, except where it is otherwise provided by statute or the context otherwise requires, may delegate any of such powers to any agent or employee of the department. (Ag. Code 1927, §15; Code 1940, T. 2, §21.)

Ala. Code § 2-2-10 Assistant to Commissioner.

2-2-10. Assistant to Commissioner. The Board of Agriculture and Industries may, in its discretion, designate one employee of the Department of Agriculture and Industries as an assistant to the commissioner. (Ag. Code 1927, §489; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §35.)

Ala. Code § 2-2-11 Organization of Department; Unclassified Service.

2-2-11. Organization of Department; Unclassified Service. The commissioner shall, with the advice and approval of the State Board of Agriculture and Industries, organize the Department of Agriculture and Industries into such divisions as deemed necessary to properly segregate and conduct the work of the department. The commissioner may assign to each of the employees of the department such powers, duties, and labors as the commissioner may see fit. At the discretion of the commissioner, one additional person for each division may be employed in the unclassified service. Provided, however, the total number of additional persons who may be employed in the unclassified service under the provisions of the preceding sentence shall not exceed three additional persons. (Ag. Code 1927, §16; Code 1940, T. 2, §22; Act 99-673, 2nd Sp. Sess., p. 175, §1.)

Ala. Code § 2-2-12 Legal Counsel for Department.

2-2-12. Legal Counsel for Department. The Commissioner of Agriculture and Industries, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture and Industries. He shall be commissioned as an assistant attorney general and shall have the authority and duties of an assistant attorney general, but he shall devote his entire time to the business of the Department of Agriculture and Industries. The compensation for the said legal counsel shall be paid out of funds appropriated to the state Department of Agriculture and Industries and in the same manner as the compensation of other employees is paid. (Acts 1953, No. 640, p. 899.)

Ala. Code § 2-2-13 Appointment of Assistants and Employees; Employees’ Bonds.

2-2-13. Appointment of Assistants and Employees; Employees’ Bonds. The commissioner shall, with the approval of the State Board of Agriculture and Industries and as otherwise provided by law, appoint such chiefs, assistants, deputies, agents, experts and other employees as are necessary for the successful administration of the affairs of the department and prescribe their duties. The chief clerk of the commissioner shall, before entering upon the duties of his office, execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $10,000.00, for the faithful performance of his duties. Other employees shall execute to the state such official bonds as the commissioner may determine and require, unless otherwise expressly provided by law. (Ag. Code 1927, §18; Code 1940, T. 2, §23; Code 1940, T. 41, §115; Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)

Ala. Code § 2-2-14 Livestock Theft Investigator.

2-2-14. Livestock Theft Investigator. The Commissioner of Agriculture and Industries, with the approval of the Governor, is hereby authorized to designate as “livestock theft investigator” any employee or employees of the Department of Agriculture and Industries performing duties relating to the enforcement of the livestock laws of this state. Such employee or employees so designated shall, in addition to other duties of employment, perform work involving investigations and the enforcement of all laws of the State of Alabama enacted for the purpose of preventing theft and unlawful dealing in and handling of cattle and other livestock, including the enforcement of livestock sanitary and disease control laws to the end that persons who commit or who are charged with the commission of such unlawful offenses may be arrested and prosecuted therefor. Employees of the Department of Agriculture and Industries designated and approved under the provisions of this section as “livestock theft investigators” shall have the power and authority of peace officers for the enforcement of laws to prevent theft of livestock, livestock sanitary and disease control laws and any other laws relating to or governing the keeping, handling, movement and sale of livestock and such peace officers shall exercise such power and authority anywhere within the State of Alabama. Such employees designated and approved as peace officers hereunder shall also be authorized to investigate, serve subpoenas and make arrests for the theft of any farm machinery, equipment or supplies and perform such duties with respect to any other farm related crime as well as any other unlawful offense or crime and such peace officer authority may be exercised anywhere within the state; provided, however, livestock theft investigators shall not have the power or authority to execute search warrants. The provisions of this section shall not be construed to change the employment status of any employee designated, authorized and approved to perform duties as livestock theft investigators as provided under this section except as expressly provided herein. (Acts 1953, No. 238, p. 303; Acts 1979, No. 79-281, p. 432.)

Ala. Code § 2-2-14.1 Appearance Upon Arrest for Misdemeanor Livestock Violations.

2-2-14.1. Appearance Upon Arrest for Misdemeanor Livestock Violations. (a) Whenever any person is arrested by livestock theft investigators of the Alabama Department of Agriculture and Industries under Section 2-2-14 for misdemeanor violations of livestock sanitary and disease control laws and regulations, or any other laws and regulations governing the handling, movement, or sale of livestock, all punishable as a misdemeanor, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the person signing said summons or notice, the officer shall forthwith release him from custody. (b) If the arrested person shall refuse to identify himself by giving his name and address, or shall refuse to sign the summons or notice, then the arresting officer shall immediately take such person before the nearest and most accessible district judge or district court magistrate of the county within which the violation occurred to set bond. (c) Any person who willfully refuses to appear at the time and place specified in the summons or notice which the person has signed shall be guilty of the separate offense of bail jumping in the second degree, regardless of the disposition of the charge upon which he was originally charged. (Acts 1987, No. 87-643, p. 1148.)

Ala. Code § 2-2-14.2 Forfeiture of Conveyances and Vehicles Used to Perpetrate Livestock Theft.

2-2-14.2. Forfeiture of Conveyances and Vehicles Used to Perpetrate Livestock Theft. (a) All conveyances and vehicles of transportation including trailers and semitrailers, equine or equidae, or any other equipment, together with all harness or other accessories, which have been used, or are used in the commission of theft of livestock, as defined in Section 13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited to the state Department of Agriculture and Industries, as hereinafter provided. (b) Livestock theft investigators, appointed under Section 2-2-14, or any other officer authorized to enforce those laws pertaining to the theft of livestock, who finds any vehicle, conveyance or equipment, listed above, which is being, or has been, used in the perpetration of the crime of theft of livestock, shall seize said vehicle, conveyance or equipment listed above, and report said seizure to the district attorney in the county where the seizure was made. The report made to the district attorney shall include a full description of the property seized along with a full explanation of the circumstances under which the property was seized. (c) The district attorney or other prosecuting officer of the judicial circuit, upon receiving such report may at once institute, or cause to be instituted condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The provisions of Sections 28-4-286 and 28-4-287, so long as they are in compliance with this section shall apply. (d) The proceeds of the sale of any property condemned and forfeited to the state Department of Agriculture and Industries under authority of this section, after payment of all expenses in the cause, including the cost of seizure and a keeping of the property pending the proceedings, shall be paid into the State Treasury to the credit of the Agricultural Fund. (e) Any lienholder with a perfected security interest recorded in accordance with the Uniform Commercial Code may recover the property in kind or may recover the balance remaining after deduction of any costs of recovery and sale. (Acts 1989, No. 89-688, p. 1354; Act 2004-627, p. 1421, §1.)

Ala. Code § 2-2-15 Accountant in Charge of Clerical Work and Records; Qualifications of Division Heads.

2-2-15. Accountant in Charge of Clerical Work and Records; Qualifications of Division Heads. There shall be employed in the Department of Agriculture and Industries an expert accountant who shall have charge of all clerical work and records of said department; a graduate of an accredited agricultural college in horticulture who has had professional training in economic entomology and plant diseases and practical experience in horticulture who shall have charge of the division of plant industry; a graduate of an accredited college in chemistry who has had professional training in agricultural chemistry and practical experience in analytical work who shall have charge of the division of agricultural chemistry; and a graduate of an accredited college with a major or concentration in poultry husbandry who has served at least three years as poultry and egg inspector who shall have charge of the poultry division, charged with the administration of the inspection and regulatory phases of the national poultry improvement plan and the administration of the Alabama Egg Law. The chief of each division of the department shall also be experienced in such subjects as shall pertain to the performance of his duties. (Ag. Code 1927, §29; Code 1940, T. 2, §24; Acts 1945, No. 475, p. 707.)

Ala. Code § 2-2-16 Commissioner to Enforce Laws; Promulgation of Rules and Regulations; Notice.

2-2-16. Commissioner to Enforce Laws; Promulgation of Rules and Regulations; Notice. The Commissioner of the Department of Agriculture and Industries is charged with the execution and enforcement of the laws and provisions contained in this title and any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, and he is authorized and empowered, with the approval of the State Board of Agriculture and Industries, to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law. The commissioner shall give notice of all rules and regulations promulgated as provided in this section to all parties in interest and to all parties who are likely to be interested in the same within 30 days after the promulgation thereof, and such rules and regulations shall not become effective until the expiration of said 30-day period. (Ag. Code 1927, §4; Code 1940, T. 2, §4.)

Ala. Code § 2-2-17 Evidence of Rules, Regulations and Notices; Copies Furnished to Probate Judges.

2-2-17. Evidence of Rules, Regulations and Notices; Copies Furnished to Probate Judges. The rules, regulations or notices purporting to be published by authority of the State Board of Agriculture and Industries in book or pamphlet form and typed or printed copies of all acts, rules, regulations or notices certified to by the commissioner or the board shall be received as evidence of the passage or issuance and legal publication of such rules, regulations or notices as of the date mentioned or provided for therein in all courts and places without further proof. A copy of said rules and regulations or notices shall be furnished to all probate judges by the commissioner immediately after their adoption; provided, that such rules, regulations or notices as apply to a restricted area of the state shall be required to be furnished only to the probate judges within the area to which such rules, regulations and notices apply. (Ag. Code 1927, §5; Code 1940, T. 2, §5.)

Ala. Code § 2-2-18 Civil Penalties or Fines for Violations of Chapters 27 and 28; Maximum Amount; Notice; Failure to Pay Assessed Fine or Penalty.

2-2-18. Civil Penalties or Fines for Violations of Chapters 27 and 28; Maximum Amount; Notice; Failure to Pay Assessed Fine or Penalty. (a) Notwithstanding the existence of any other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971 as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions of Chapter 28 of Title 2, and the regulations promulgated thereunder, the Commissioner of Agriculture and Industries may, after a hearing thereon, impose a civil penalty or fine for violation of said Chapters 27 and 28, or any regulations promulgated thereunder. (b) The maximum amount of the above civil penalty or fine shall not exceed $10,000.00 for any one offense, and all incidents or violations committed by a person, firm, association or corporation, arising from the same transaction, shall constitute but one offense. The State Board of Agriculture and Industries shall, by duly adopted regulations, provide maximum amounts to be imposed by the commissioner for the various violations. (c) The fine or penalty assessed by the commissioner may be appealed to the Board of Agriculture and Industries by the aggrieved person giving the commissioner written notice of intention to appeal within 15 days from the time the fine or penalty was assessed. Said review or appeal before the Board of Agriculture and Industries shall be conducted under the provisions of the Alabama Administrative Procedure Act. The Board of Agriculture and Industries may affirm the action of the commissioner or it may modify the amount of the penalty, but the board shall not increase the amount of penalty imposed by the commissioner. The board may also remand the matter back to the commissioner for the taking of further testimony or the board may dismiss the action of the commissioner in its entirety. Judicial review by either party of any final action of the State Board of Agriculture and Industries shall be under the provisions of Section 41-22-20, of the Alabama Administrative Procedure Act on the certified transcript of the record. (d) The failure of any person, firm, association, or corporation to pay the assessed fine or penalty shall constitute grounds for the revocation of any permit or license issued under the provisions of Chapters 27 and 28, Title 2. Said fine or penalty may also be collected in a civil action in court under the name of the State of Alabama on the relation of the Attorney General and with his permission. (e) All moneys received from the assessment of any fine or penalty shall accrue to the Agricultural Fund. (Acts 1989, No. 89-741, p. 1469.)

Ala. Code § 2-2-19 Regulation of Micro Markets and Vending Machines.

2-2-19. Regulation of Micro Markets and Vending Machines. (a) For purposes of this section, the following terms shall have the following meanings: (1) MICRO MARKET. An unstaffed, self-checkout retail food service facility that does all of the following: a. Includes one or more micro market displays. b. Has an automated payment kiosk or other device designed to accept electronic payments that is operated by the consumer. c. Is located indoors and within a separate business. d. Is generally accessible only to individuals within the building in which the food service facility is located. (2) MICRO MARKET DISPLAY. The place where the food being sold by a micro market is displayed, including any of the following: a. An open rack. b. A refrigerator, refrigerated cooler, or freezer that has an automated self-locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer. c. A vending machine. d. A beverage dispenser. e. A single-serve coffee brewer. (3) VENDING MACHINE. A self-service machine that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food in bulk or in packages, or prepared by the machine, without the necessity of replenishing the machine between each vending operation. (b) Notwithstanding any provision of law to the contrary, the regulatory authority provided to the Department of Public Health shall not apply to the regulation of a micro market or vending machine or to any food and beverages sold by a micro market or vending machine as defined in this section. (c) Except as provided in Sections 11-51-98, 20-1-7, 21-1-41, and 40-12-176, and as otherwise provided by general and local law, the Department of Agriculture and Industries shall regulate micro markets and vending machines. (Act 2021-460, §§1-3.)

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