Code of Alabama
Article 1 - Insect and Disease Control.
Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.

It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of living and accomplishing the purpose for which they are grown, whether foliage, flowers, fruit or special use, shall be considered viable. The basic requirements of viable nursery stock or viable plants are as follows:
(1) They must be free of physiological and pathological defects to the extent that all essential parts may function normally.
(2) The root system must have adequate roots or the ability to produce them to support normal performance of all essential parts of the plant. The root system must be adequately protected to prevent excessive loss of moisture while in storage and transit.
(3) The trunk and branches must be capable of transporting fluids throughout the plant and be free from any infirmity of a permanent nature which would interfere with this function. Any damaged branches must be capable of being pruned without seriously deterring growth of the plant.
(4) The leaves must be capable of performing essential manufacturing functions, such as photosynthesis. In the case of deciduous plants, when void of leaves, they must have the ability to put out new leaves capable of functioning normally.

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Structure Code of Alabama

Code of Alabama

Title 2 - Agriculture.

Chapter 25 - Plants and Trees.

Article 1 - Insect and Disease Control.

Section 2-25-1 - Definitions.

Section 2-25-2 - Purposes of Article.

Section 2-25-3 - Power and Duty of Commissioner as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.

Section 2-25-4 - Power and Duty of Board as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.

Section 2-25-5 - Exercise of Quarantine Powers of Board by Commissioner.

Section 2-25-6 - Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees.

Section 2-25-8 - When Commissioner May Refuse, Recall or Revoke Inspection Certificates.

Section 2-25-9 - Affixation of Official Tags to Boxes, Packages, etc., in Which Nursery Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, etc., Shipped Into State Without Official Tags.

Section 2-25-10 - Introduction Into State of Live Plant Pests, etc., or Specimens of Disease Injurious to Plants; Special Permit.

Section 2-25-11 - Common Carriers, etc., Not to Accept for Shipment or Deliver Nursery Stock, etc., Without Official Tags, Etc.

Section 2-25-12 - Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, etc., Boxes, Packages Without Official Tags, Etc.

Section 2-25-13 - Movement, Sale, etc., Into State or Within State of Plants, Plant Products, etc., During Quarantines; Confiscation by Commissioner; Plants, etc., Moved Into Quarantined Area.

Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.

Section 2-25-14 - Sale, Carriage, Shipment, etc., of Nursery Stock by Nurserymen or Dealers.

Section 2-25-15 - Importation, Sale, Possession, etc., of Fruits, Nuts, etc., Infested or Infected With Plant Pests or Noxious Weeds Likely to Cause Damage.

Section 2-25-15.1 - Receipt of Plants, Nursery Stock, etc., Not in Compliance With Law by Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item.

Section 2-25-16 - Throwing Cuttings, Prunings, etc., Into Public Roads, Fields, etc.; Destruction of Cuttings, Prunings, etc., Containing Plant Pests or Noxious Weeds.

Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner's Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of...

Section 2-25-17.2 - Procedures for Fumigation or Treatment of Infested Plants, Etc.

Section 2-25-18 - Appeals to State Board From Findings or Orders of Commissioner.

Section 2-25-19.1 - Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies.

Section 2-25-19.2 - Acts of Officials, Agents, Employees, etc., Deemed Those of Principal as Well as of Individual.

Section 2-25-20 - Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in Evidence Thereof.

Section 2-25-21 - Review of Rules or Regulations by Board.

Section 2-25-22 - Violations of Article, Rules and Regulations, Notice or Order; Forgery, etc., of Certificates, Etc.