Sale of Fruit Trees, Etc., as to Kind or Variety.

Ala. Code tit. 2, ch. 25, art. 2

in effect

Ala. Code § 2-25-40 Delivery of Fruit Trees of Different Kind, Variety, Etc., Than Sold.

2-25-40. Delivery of Fruit Trees of Different Kind, Variety, Etc., Than Sold. It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold; provided, that a variation in kind, variety and description may vary not more than five percent in any shipment containing not less than 50 such fruit trees. (Ag. Code 1927, §316; Code 1940, T. 2, §482.)

Ala. Code § 2-25-41 Limitation Period for Prosecutions Under Section 2-25-40.

2-25-41. Limitation Period for Prosecutions Under Section 2-25-40. Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in Section 2-25-40. (Ag. Code 1927, §318; Code 1940, T. 2, §483.)

Ala. Code § 2-25-42 Sale, Etc., of Falsely Named Seeds, Trees, Plants, Etc.

2-25-42. Sale, Etc., of Falsely Named Seeds, Trees, Plants, Etc. All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and kind, and any person selling, trading or exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor. (Ag. Code 1927, §319; Code 1940, T. 2, §484.)

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