General Provisions.

Ala. Code tit. 2, ch. 15, art. 4, div. 1

in effect

Ala. Code § 2-15-60 Definitions.

2-15-60. Definitions. When used in this division, the following terms shall have the following meanings, respectively, unless the context clearly indicates a different meaning: (1) BOARD. The Board of Agriculture and Industries of the State of Alabama. (2) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama. (3) DEPARTMENT. The Department of Agriculture and Industries of the State of Alabama. (4) LIVESTOCK. Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry. (5) LIVESTOCK MARKET. A place, concentration or collection point, or other public or private place where a person shall assemble livestock for either public or private sale by him and such service or the cost or expense thereof is to be compensated for by the owner, on a commission basis or otherwise, or where such person purchases livestock for resale. The term shall not include: a. Any place other than at a permanently established livestock market, used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is there sold or offered for sale. b. Any farm, ranch, or place where livestock either raised or kept thereon for the grazing season or for fattening is sold and no other livestock is brought there for sale or offered for sale. c. The premises of any butcher, packer, or processor who receives animals exclusively for immediate slaughter. d. The premises of any person engaged in the raising of livestock for breeding purposes only who limits his sale to animals of his own production. e. Any place where a breeder or an association of breeders of livestock of any class assemble and offer for sale and sell under his or their own management any livestock when such breeder or association of breeders shall assume all responsibility of such sale and the title of livestock sold. f. Any place, other than at a permanently established livestock market, used solely for livestock sales of 4-H clubs, Future Farmers of America and other youth organizations of like kind. (6) PERSON. Any individual, partnership, corporation, association, or other legal entity or organization. (Acts 1975, No. 386, p. 950, §1; Acts 1979, No. 79-774, p. 1376, §2; Acts 1994, No. 94-322, p. 562, §5; Act 2004-627, p. 1421, §1.)

Ala. Code § 2-15-61 Permits Required for Operation of Livestock Markets; Applications; Issuance; Revocation; Appeals.

2-15-61. Permits Required for Operation of Livestock Markets; Applications; Issuance; Revocation; Appeals. (a) No person shall operate a livestock market in the State of Alabama without first having obtained from the commissioner, as required by this division, an annual permit therefor. (b) The application for such a permit shall be made upon forms furnished by the department, which shall be verified by affidavit of the applicant which shall include all of the following information: (1) The name and address of the applicant or applicants and, if a corporation, its officers, and if a partnership, the names and addresses of its partners. (2) The place where applicant proposes to operate a livestock market. (3) A description of the property and facilities proposed to be used as a livestock market. (4) The kind of livestock the applicant proposes to handle at the livestock market and the day or days of the week the applicant proposes to conduct sales. (5) A financial statement of the applicant prepared by a financial institution, certified public accountant, or tax professional, showing the gross amount of business done by applicant during the preceding year, October 1 through September 30, and such statement shall show applicant’s assets and liabilities. (6) An annual animal health inspection of the site performed by the State Veterinarian or his or her duly authorized agent. (7) Such other pertinent information as the commissioner may require relating to the bond and insurance, as required by this division, together with such information as may be required relating to the physical facilities of the livestock market and its record-keeping system for the identity of livestock received and handled. (c) A permit shall be issued when the commissioner finds all of the following: (1) The application is in due form. (2) The applicant has filed with the commissioner a bond as provided in this division. (3) The permit fee has been paid as provided in this division. (4) The requirements of this division and all rules promulgated under this division have been complied with. (d) A permitee shall notify the commissioner in writing not more than 30 days after any change to the information required under subsection (b). (e) The permit issued under this division shall be revoked or shall not be issued or renewed when the commissioner finds that the livestock market is not complying with this division or rules duly promulgated under this division or any such livestock market is or has not complied with any requirement of law for the control and eradication of any diseases of livestock or any law requiring the keeping of records relating to the identity of livestock for such purpose or for the tracing of lost, stolen, or estrayed livestock or any rule promulgated under authority of such laws. (f) Any livestock market refused or denied a permit provided for in this division or any livestock market having its permit revoked or cancelled by the commissioner shall be entitled to appeal such action of the commissioner to the board by filing a written notice or demand therefor with the commissioner within 10 days after notice of denial, revocation of, or failure to renew a permit has been received by the livestock market. The appeal must be heard by the board at the next regular meeting or a special meeting called for this purpose; provided, that such appeal must be heard by the board on a date not later than 30 days following the date on which an appeal is filed. The filing of an appeal shall not suspend the action of the commissioner in the revocation or cancellation of a permit. 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 livestock market is located, 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 to the holder of the permit of the board’s decision. Such complaint shall be styled in the name of applicant or holder of the permit as plaintiff against the commissioner as defendant and shall set forth the action complained of and pray its reversal. It shall be the duty of the commissioner to serve an answer within 30 days after the complaint is served upon the commissioner. 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 this division, and a decision shall be accordingly entered, subject to the right of appeal, which shall lie from a final order or judgment of the circuit court in the same manner as in other civil cases. All appeal rights provided in this subsection shall not suspend the action of the commissioner in the revocation or refusal of a permit. (Acts 1975, No. 386, p. 950, §2; Act 2017-226, §1.)

Ala. Code § 2-15-62 Livestock Market Permit Fees; Use and Disclosure of Information Pertaining to Amount or Volume of Business.

2-15-62. Livestock Market Permit Fees; Use and Disclosure of Information Pertaining to Amount or Volume of Business. (a) Unless otherwise provided in this section, every person operating a livestock market in this state shall be required to pay annually, on or before October 1, a permit fee. The exact amount of such annual permit fee for livestock markets, depending upon the annual gross business during the preceding 12-month period prior to October 1 established by the Board of Agriculture and Industries, within the range of the schedule set out below, shall be as follows: (1) For an annual gross business of $250,000.00 or less, the permit fee shall be not less than $75.00 nor more than $90.00; (2) For an annual gross business of more than $250,000.00 but less than $500,000.00, the permit fee shall be not less than $150.00 nor more than $180.00; (3) For an annual gross business of more than $500,000.00 but less than $1,000,000.00, the permit fee shall be not less than $225.00 nor more than $270.00; (4) For an annual gross business of more than $1,000,000.00 but less than $2,500,000.00, the permit fee shall be not less than $300.00 nor more than $360.00; (5) For an annual gross business of over $2,500,000.00, the permit fee shall be not less than $375.00 nor more than $450.00. The amount of permit for livestock markets which are beginning operations shall be the minimum established by the Board of Agriculture and Industries. The fee levied under this section for any permit issued on or after April 1 of any year shall be one half of the amount prescribed above for an annual permit fee unless the permit was actually required to be obtained prior to that date. (b) All permit fees due under this section shall be delinquent 30 days from the date on which such permit fee was due and a delinquent penalty of 15 percent shall be added to the amount of the permit fee. (c) All fees collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund. (d) The permit fee levied under this section shall be paid by all agricultural cooperative marketing associations operating livestock markets. The exemptions allowed such agricultural cooperative marketing associations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such cooperative associations from the payment of the permit fee levied by the provisions of this section. (e) Any information received by the commissioner or the department relating to the amount or volume of business conducted by a livestock market for the purposes of Section 2-15-61 and this section shall be confidential and for official use only and shall not be divulged by the commissioner or department; provided, however, that such information may be used for agricultural statistical purposes and shall be disclosed in aggregate amounts only and not be publicly disclosed with respect to the name or names of individual livestock markets. (Acts 1975, No. 386, p. 950, §3; Act 2004-516, p. 996, §1.)

Ala. Code § 2-15-63 Bonds of Livestock Market Operators.

2-15-63. Bonds of Livestock Market Operators. Any person operating a livestock market in this state shall make and execute a bond in favor of the State of Alabama, which bond shall be made by a surety company qualified to do business in the State of Alabama and such bond shall be filed in the office of the commissioner. The minimum amount of such bond shall be $5,000.00 or such greater sum not to exceed $50,000.00. The exact amount of said bond shall be determined by dividing the gross amount of business done by such livestock market during the preceding 12 months or such part thereof as the livestock market was engaged in business by the number of days on which sales were made, and such bond shall be not less than the nearest multiple of $1,000.00. Any bond accepted under the provisions of this section shall be not less than $5,000.00 nor more than $50,000.00. In the event the livestock market has not engaged in business during the year preceding the date of its application for a permit, the amount of the bond shall be determined by the commissioner upon the basis of anticipated business to be done during the year for which a permit is applied. The commissioner shall require a bond in an amount to be arrived at by dividing the gross amount of anticipated business by the number of days on which sales are to be held during the year for which the permit is applied. Such bond shall be conditioned that the livestock market named therein as principal shall, upon the sale of any livestock, promptly pay to the rightful owners all money received by it, less reasonable expenses and commissions. Any person having a right of action against the livestock market named as principal in such bond may bring a civil action in his own name against the principal and surety of such bond for the recovery of any loss sustained by the owner of livestock for the violation of the conditions of said bond; provided, however, that the aggregate liability of the surety for all such losses shall in no event exceed the amount of said bond. The commissioner is hereby authorized to accept a bond made by any livestock market pursuant to the bonding provisions of the federal Packers and Stockyards Act of 1921, as amended, and any livestock market presenting such a bond shall be deemed to have complied with the bonding provisions of this section; provided, that the amount of such bond shall equal or be greater than the amount required under this section. The commissioner is authorized to be designated as trustee in any bond or principal-surety contract or he shall be authorized to designate the director or chief of the division of the department which handles the administration of this division to be designated and named as trustee in any bond accepted as authorized in this section which is made by any livestock market as required under the Packers and Stockyards Act of 1921, as amended. (Acts 1975, No. 386, p. 950, §4.)

Ala. Code § 2-15-64 Equipment and Facilities Required for Markets; Promulgation of Rules and Regulations by Commissioner as to Operation of Markets Generally.

2-15-64. Equipment and Facilities Required for Markets; Promulgation of Rules and Regulations by Commissioner as to Operation of Markets Generally. (a) Every livestock market operating under this division shall have adequate and proper facilities for handling livestock, which shall include proper pens for holding and segregating animals properly protected from the weather; an adequate sanitary water supply; satisfactory scales, such scales to be approved by the division of weights and measures, Department of Agriculture and Industries or its successor in duties; concrete-floored pens for holding cattle to be tested, treated or sprayed; and adequately constructed and designated quarantine pens for segregating and testing livestock that might be affected with or exposed to a contagious or infectious disease. Necessary chutes for handling cattle must be provided. If feeder or breeder swine are handled, concrete or other impervious floored pens must be provided that will keep this kind of swine completely separated from slaughter swine at all times. (b) Livestock markets shall also be required to have certain necessary and essential equipment and to comply with such other minimum standards of construction as may be required by rules and regulations promulgated by the commissioner, with the approval of the board, to carry out the evident intent and purposes of this section. (c) The commissioner, with the approval of the board, is also authorized to promulgate such rules and regulations pertaining to the operation of livestock markets as may be reasonably necessary for the prevention, spread, eradication and control of contagious and infectious diseases among livestock which are received, kept, handled, sold, moved and delivered from livestock markets. Such regulations may require methods of receiving, keeping, handling, inspecting, testing, treating, dipping, vaccinating, inoculating, separating, segregating and quarantining livestock sold for stocker, feeder or breeding purposes as well as methods of receiving, handling, keeping, selling and moving livestock for slaughter purposes as well as rules and regulations governing the operation of scales on which livestock are weighed and testing for accuracy of such scales for the purpose of weights of livestock sold on the basis of weight. (Acts 1975, No. 386, p. 950, §5.)

Ala. Code § 2-15-65 Issuance and Disposition of Bills of Sale by Markets; Information to Be Shown on Bills of Sale.

2-15-65. Issuance and Disposition of Bills of Sale by Markets; Information to Be Shown on Bills of Sale. (a) Every livestock market shall, upon the sale of any livestock, issue a bill of sale in duplicate and, thereupon, deliver one copy of such bill of sale to the buyer and retain one on file for a period of at least 24 months in the office of the livestock market. (b) The type of information to be shown on such bills of sale may be prescribed by rules and regulations adopted by the board. (Acts 1975, No. 386, p. 950, §7.)

Ala. Code § 2-15-66 Livestock Market Operators Selling Livestock at Auction Not to Permit Purchase of Livestock, Etc., by Owners, Officers, Employees, Etc., of Market.

2-15-66. Livestock Market Operators Selling Livestock at Auction Not to Permit Purchase of Livestock, Etc., by Owners, Officers, Employees, Etc., of Market. (a) Livestock market operators who sell livestock at auction shall not permit their owners, officers, agents or employees to purchase livestock at auction from consignments for resale for their own speculative accounts nor purchase livestock for the accounts of others, nor shall they permit their owners, officers, agents or employees to enter into agreements with other parties whereby such owners, officers, agents or employees shall share, directly or indirectly, in profits realized from resale of livestock purchased at auction out of consignments on a speculative basis. This provision shall not prohibit the livestock market from purchasing livestock from consignment in order to protect the legitimate interests of consignors after having publicly offered the livestock for sale to the highest bidder. (b) Livestock market operators shall not permit auctioneers, weighmasters, clerks, starters or other employees performing duties of comparable responsibility to purchase livestock out of consignment for any purpose for their own accounts or the accounts of others. (Acts 1975, No. 386, p. 950, §6.)

Ala. Code § 2-15-67 Commissioner to Require Markets to Carry Insurance on Livestock Accepted for Sale.

2-15-67. Commissioner to Require Markets to Carry Insurance on Livestock Accepted for Sale. The commissioner, with the approval of the board, shall require and is hereby authorized by appropriate rules and regulations to require livestock markets to carry insurance on all livestock accepted for sale in order that such livestock will be insured against injury or loss by fire or windstorm while such livestock are kept at a livestock market. (Acts 1975, No. 386, p. 950, §8.)

Ala. Code § 2-15-68 Rules and Regulations for Implementation of Division.

2-15-68. Rules and Regulations for Implementation of Division. The commissioner, with the approval of the board, is hereby authorized to promulgate rules and regulations as are reasonably necessary to carry out the evident intent and purposes of this division. Before any rules and regulations which are authorized to be promulgated by the commissioner under this division shall be approved by the board, the commissioner shall, at least 10 days before any such rule or regulation is submitted to the board for approval, notify all livestock markets in the State of Alabama of the date on which such regulation is to be submitted to the board for approval in order that livestock market operators may appear and be heard concerning the adoption of all rules and regulations to be promulgated and approved under the provisions of this division. Following promulgation and approval of all rules and regulations as authorized under this division and within 30 days, the commissioner shall give notice of such rules and regulations so promulgated and approved and such rules and regulations shall not become effective until the expiration of such 30-day period. (Acts 1975, No. 386, p. 950, §9.)

Ala. Code § 2-15-69 Right of Entry and Inspection by Commissioner, State Veterinarian, Etc.; Interference with Performance of Duties by Commissioner, State Veterinarian, Etc.

2-15-69. Right of Entry and Inspection by Commissioner, State Veterinarian, Etc.; Interference with Performance of Duties by Commissioner, State Veterinarian, Etc. (a) The commissioner, the State Veterinarian or their duly authorized agent, including livestock market inspectors and livestock theft investigators of the department, are hereby authorized and may enter upon the premises of any livestock market or into any buildings on such premises at all reasonable hours for the purpose of examining and inspecting such premises, buildings or other structures located on such premises in enforcing the provisions of this division. The commissioner, the State Veterinarian or their duly authorized agents, including livestock markets inspectors and livestock theft investigators, shall also have access during business hours of the day to the livestock markets’ records relating to the receipt, keeping, handling, sale and delivery of livestock for examination and inspection in carrying out the provisions of this division or rules and regulations relating thereto. (b) Any person who shall assault, resist, impede, oppose, prevent or interfere with the commissioner, the State Veterinarian or their authorized agents, including livestock markets inspectors and livestock theft investigators, in the execution of his or their duties shall be guilty of a misdemeanor and punishable under the penalty provisions of this division. (Acts 1975, No. 386, p. 950, §10.)

Ala. Code § 2-15-70 Operation of Livestock Market Without Permit, Etc.; Disposition of Fines; Injunctive Proceedings to Restrain Operation of Livestock Market in Violation of Provisions of Division.

2-15-70. Operation of Livestock Market Without Permit, Etc.; Disposition of Fines; Injunctive Proceedings to Restrain Operation of Livestock Market in Violation of Provisions of Division. (a) It shall be unlawful for any person to violate any of the provisions and requirements of this division or to fail or refuse to perform any duty or requirement imposed by the provisions of this division or to operate a livestock market without having a valid permit as required under the provisions of this division, and it shall also be unlawful for any person to operate a livestock market after the permit to so operate has been revoked under the provisions of this division. Each day’s operation of a livestock market without a permit shall constitute a separate violation. Any person operating a livestock market without a permit shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00 and, within the discretion of the court, may be imprisoned for a period not to exceed six months. (b) All amounts paid as fines for violations of this division, when collected by the proper authorities, shall be transmitted to the department and deposited in the State Treasury to the credit of the Agricultural Fund. (c) In addition to the penalty provided under subsection (a) of this section, the circuit court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or a permanent injunction or both restraining and enjoining any person from operating or continuing to operate a livestock market in violation of any of the requirements of this division or operating or continuing to operate a livestock market without having a valid permit as required by this division or after such a permit has been revoked; provided, that no permanent injunction shall be issued under this subsection until notice of such pending action is directed to the livestock market operator and he is afforded a hearing on such pending proceedings as now provided by law. Petitions for injunctive relief as authorized under this subsection shall be filed in the circuit court of the county in which the livestock market operating in violation of the provisions of this division is located. Any temporary restraining order or permanent injunction issued under this subsection shall be issued without a bond. Any action commenced under this subsection based upon facts furnished by the Commissioner of Agriculture and Industries or others having knowledge thereof may be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval, and such officer shall, upon his request, be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed. (Acts 1975, No. 386, p. 950, §11.)

Ala. Code § 2-15-71 Purchase, Etc., of Livestock on Public Road, Etc., Within 2,500 Feet of Public Livestock Market.

2-15-71. Purchase, Etc., of Livestock on Public Road, Etc., Within 2,500 Feet of Public Livestock Market. (a) It shall be unlawful for any person to buy or offer to buy livestock on any public street, road or highway within 2,500 feet of the premises of a public livestock market which has obtained a permit to engage in business pursuant to this division. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as prescribed by law. (b) The Department of Agriculture and Industries is charged with the enforcement of this section. (Acts 1969, No. 749, p. 1327.)

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