Code of Alabama
Article 1 - Insect and Disease Control.
Section 2-25-6 - Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees.

(a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he or she shall apply for and obtain from the commissioner an inspection certificate indicating compliance with the provisions of this article and the rules and regulations promulgated thereunder. The inspection certificate shall, among other requirements, be based upon an inspection conducted by the commissioner of the nursery stock and the area where it is kept, stored or grown. The inspection certificate issued by the commissioner shall expire on September 30 and shall be renewable on or before October 1 for the succeeding fiscal year.
(2) Where nursery stock is grown at more than one location by one nurseryman, fees shall be based upon the previous year's volume of sales, and established by rule of the Board of Agriculture and Industries, and the fees shall be deposited to the credit of the Agricultural Fund in the State Treasury.
(b)(1) Each application for a certificate of inspection shall be accompanied by an inspection fee. The fees shall be determined by the board by rule based upon the previous year's volume of sales, but in no event shall the board prescribe fees in excess of two hundred thirty dollars ($230), nor less than fifty dollars ($50) for any one certificate as follows:


(2) Certain public agencies designated by the board may, in the board's discretion, be exempt from the requirements of an inspection fee, although all other requirements for a certificate of inspection shall be met by the public agency. Delinquent fees shall be handled as provided under Section 2-9-2, but operating as a nurseryman or dealer without a valid and up-to-date certificate of inspection is a violation of the provisions of this article and will be handled accordingly.
(c) Before any nurseryman or dealer in nursery stock may sell, offer or expose for sale or distribution any nursery stock, such person shall file with the commissioner a duplicate certificate of inspection issued by the official certifying agency of the state or country where the nursery stock is grown together with the inspection certificate fee which shall be an amount not to exceed twenty dollars ($20), the fee to be deposited to the credit of the Agricultural Fund in the State Treasury. The inspection certificate shall expire on September 30 of each year and be renewable as of October 1; provided, that the commissioner may enter into reciprocal agreements with the certifying agency of other states whereby no certificate or permit fee is required, provided Alabama nurserymen and dealers who otherwise qualify are permitted to ship nursery stock into such states without having to pay a fee for an inspection certificate or permit granting that privilege and provided further, that the commissioner shall find that the inspection standards of that state are equal to those required by the Alabama law and rules and regulations of the Department of Agriculture and Industries.

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.