Ala. Admin. Code r. 350-X-1-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 350-X-1-.02 - Definitions

(1) As used in this Chapter, the following words shall have the meaning stated below:

(a) Agricultural Production and Practice of the Agricultural Arts -- To be involved in and make decisions regarding all phases of producing an agricultural product, which includes, but is not limited to, planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting.

(b) Authority - "Authority" refers to the "Farmers Market Authority" as provided in Code of Ala. 1975, § 2-5-1, et seq.

(c) Certified Farmers Market - A market certified by the Authority where agricultural products are sold by certified producers directly to consumers. The Authority shall issue a certificate to all farmers markets that apply for a certificate, and meet the criteria set forth by the Authority. A Certified Farmers Market may be operated by two or more certified producers, by a nonprofit organization, by a local government entity or other organization/entity approved by the Authority.

(d) Certified Agricultural Products -- Agricultural products, which are certified under the jurisdiction of the Authority relative to inspection and verification of compliance with the provisions of this Chapter, include fresh fruits, nuts, vegetables, shell eggs, honey, flowers, nursery stock, livestock products, fish and shellfish produced under controlled conditions in waters or ponds located in Alabama.

(e) Certified Farmers Market Certificate - A certificate issued by the Authority authorizing the market to sell agricultural products produced by Certified Producers directly to consumers. The certificate is valid only when bearing the original signatures of the Authority and the authorized representative of the Certified Farmers Market.

(f) Certified Producer -- A bona fide producer authorized by the Alabama Cooperative Extension System, (ACES), to sell certified agricultural products, produced by practice of the agricultural arts upon land which the bona fide producer controls, directly to consumers at a Certified Farmers Market. All products sold by a producer at a Certified Farmers Market must be locally grown within the meaning of this Chapter.

(g) Certified Producer's Permit-- A certificate issued by the Alabama Cooperative Extension System authorizing the transportation and sale of certified agricultural products pursuant to this Chapter.

(h) Consumer -- A person who purchases and receives agricultural products at a Certified Farmers Market.

(i) Director - A person appointed by the Farmers Market Authority who, under supervision of the Authority, shall administer this Chapter.

(j) Employee -- Any person employed by a certified producer at a regular salary or wage, on either a full or part time basis. It does not include any person who is reselling or whose compensation is primarily based on a commission of sales. Notwithstanding the above, an employee of an agricultural cooperative organized under the laws of Alabama may sell the agricultural products of one of its members in accordance with the provisions of this Chapter.

(k) Enforcement Officer - An agent of the Authority authorized to investigate the entities certified under these rules and regulations in order to ensure compliance with these rules and regulations.

(l) Grower representative - The immediate family member or employee of a Certified Producer.

(m) Immediate Family -- Parents, children, grandparents, or grandchildren of the certified producer or a family member regularly residing in the certified producer's household.

(n) Land Which the Certified Producer Controls -- Land that the certified producer farms and owns, rents, leases, or sharecrops, and is registered with the Authority and the Alabama Cooperative Extension System or the USDA Farm Service Agency.

(o) Locally grown - Agricultural products grown within the borders of Alabama or within twenty-five (25) miles of the Alabama state border.

(p) Market Manager -- A person or persons registered with the Authority empowered to implement the rules, regulations, policies, and directives of the governing body of a Certified Farmers Market.

(q) Market Rules -- A set of written rules or regulations approved by each Certified Farmers Market and the Authority. The rules and regulations may be more stringent than established state regulations, provided they do not violate or conflict with any state law or regulation governing their activities.

(r) Non-certifiable Agricultural Products - Non-certifiable agricultural products include all certified agricultural products that have been processed.

(s) Nonprofit Organization -- An organization which qualifies for nonprofit status for Alabama income tax purposes.

(t) Relish -- a cooked, uncooked or pickled sauce usually made with vegetables or fruits and often used as a condiment; can be smooth or chunky, sweet or savory and hot or mild, and must have an acidity level less than 4.6pH.

Ala. Admin. Code r. 350-X-1-.02

New Rule: Filed March 23, 2012; effective April 27, 2012.

Authors: Don Wambles, J. Matt Bledsoe

Statutory Authority:Code of Ala. 1975, §§ 2-5-1, et seq.