(a) The having in possession by any person, firm, or corporation who manufactures or exposes for sale any out-of-date Class A foods and adulterated or misbranded food or drugs within the meaning of this division shall be prima facie evidence of having in possession with intent to sell in violation of its provisions; except, that any manufacturer, wholesaler, or jobber may keep properly identified goods which might otherwise be in violation of the provisions of this division specially set apart in his stock for sale in other states. Out-of-date foods shall be stored in an area such that out-of-date Class A foods are not offered for sale to the public and shall be clearly marked "Not to be sold." If not so identified and segregated, there shall be a rebuttable presumption that the food is in possession with intent to sell in violation of the provisions of this chapter.
(b) No provision of this section shall be construed to allow the storage or transportation of any food which is otherwise required by law to be destroyed or otherwise rendered unusable except for the purpose of such destruction or rendering unusable.
Structure Code of Alabama
Title 20 - Food, Drugs and Cosmetics.
Chapter 1 - Standards, Labeling and Adulteration.
Article 2 - Adulteration and Misbranding.
Division 1 - Food and Drugs Generally.
Section 20-1-20 - Definitions.
Section 20-1-21 - Purpose of Division; Standards; Construction of Chapter.
Section 20-1-22 - When Articles Deemed Adulterated - Food Generally.
Section 20-1-23 - When Articles Deemed Adulterated - Confectionery.
Section 20-1-24 - When Articles Deemed Adulterated - Drugs.
Section 20-1-25 - When Articles Deemed Misbranded Generally - Food.
Section 20-1-26 - When Articles Deemed Misbranded Generally - Drugs.
Section 20-1-27 - Prohibited Activities.
Section 20-1-29 - Shipment, Offer for Shipment, or Sale of Certain Citrus Fruits.
Section 20-1-30 - Sale, Offer for Sale, etc., of Certain Artificially Colored Potatoes.
Section 20-1-31 - Possession, Transportation, etc., of Items in Violation of Division, Chapter.
Section 20-1-32 - Exemption From Prosecution of Dealers.
Section 20-1-33 - Food Safety Permit.
Section 20-1-34 - Civil Penalties for Violation of Chapter, Etc.
Section 20-1-35 - Food Safety Advisory Committee.