Sections
Division 1 Food and Drugs Generally 20-1-20 – 20-1-37
Division 2 Cosmetics 20-1-50 – 20-1-57

Terms Used In Alabama Code > Title 20 > Chapter 1 > Article 2 - Adulteration and Misbranding

  • administrator: The director of the plans and programs of the Department of Conservation and Natural Resources. See Alabama Code 9-7A-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alabama affiliated group: means a group of corporations, each member of which is subject to tax under Section 40-18-31 and Public Law 86-272 (15 U. See Alabama Code 40-18-39
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • applicant: Any county, or municipality; or state, county or municipal agency having legal authority to hold title to real property, or any combination of the above named entities. See Alabama Code 9-7A-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • article: Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question. See Alabama Code 20-1-50
  • article: When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to the food product or the drug product in question. See Alabama Code 20-1-20
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: A public corporation organized pursuant to the provisions of this chapter. See Alabama Code 9-6-2
  • BABY FOOD: A food which purports to be or is represented for special dietary use as a food for babies by reason of its special formulation or its particular suitability for children under two years of age. See Alabama Code 20-1-20
  • board: The board of directors of an authority. See Alabama Code 9-6-2
  • board: The Office of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214. See Alabama Code 9-7-10
  • board: The State Board of Agriculture and Industries. See Alabama Code 20-1-20
  • bonds: Such term shall include bonds, notes, debentures and certificates representing an obligation to pay money. See Alabama Code 9-6-2
  • cash: Any legal tender, negotiable paper, or solvent credit. See Alabama Code 40-18-1
  • CLASS A FOODS: Baby food, infant formula, and potentially hazardous food. See Alabama Code 20-1-20
  • COASTAL AREA: The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters therein and thereunder, strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches. See Alabama Code 9-7-10
  • COASTAL WATERS: Those waters, adjacent to the shoreline, which contain a measurable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries. See Alabama Code 9-7-10
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources. See Alabama Code 9-7A-2
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 20-1-20
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: The term includes associations, joint stock companies, and any other entity classified as an association taxable as a corporation for federal income tax purposes. See Alabama Code 40-18-1
  • cosmetic: An article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance and the component parts of such an article. See Alabama Code 20-1-50
  • county: Any county in this state or in contiguous states. See Alabama Code 9-6-2
  • dealer: A manufacturer, wholesaler, retailer, jobber, and similar establishments, mobile or permanent, engaged in the sale of food for consumption on premises. See Alabama Code 20-1-20
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Alabama Department of Environmental Management. See Alabama Code 9-7-10
  • department: The Department of Agriculture and Industries. See Alabama Code 20-1-20
  • director: A member of the board of directors of an authority. See Alabama Code 9-6-2
  • drug: All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals. See Alabama Code 20-1-20
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • ESTUARINE SANCTUARY: A research area which may include any part or all of an estuary, adjoining transitional areas and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. See Alabama Code 9-7-10
  • estuary: That part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. See Alabama Code 9-7-10
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • food: All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals. See Alabama Code 20-1-20
  • FOOD SALES ESTABLISHMENT: Retail and wholesale stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. See Alabama Code 20-1-20
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Alabama Recreation Capital Development Assistance Fund. See Alabama Code 9-7A-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • IN-KIND CONTRIBUTIONS: In-kind contributions represent the value of contributions provided by the applicant, other public agencies and institutions, and private organizations and individuals which directly benefit and are specifically identifiable to the project. See Alabama Code 9-7A-2
  • INFANT FORMULA: A food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk. See Alabama Code 20-1-20
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • label: A display of written, printed, or graphic matter upon the immediate container of any article. See Alabama Code 20-1-20
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL PROJECT: Any program of a county, municipality or agency thereof, either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities, providing thereby for recreational uses. See Alabama Code 9-7A-2
  • MANAGEMENT PROGRAM: Such term includes, but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies and standards to guide public and private users of lands and waters in the coastal area. See Alabama Code 9-7-10
  • misbranded: Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. See Alabama Code 20-1-20
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipality: Any city or town which is incorporated. See Alabama Code 9-6-2
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OPEN-DATE STATEMENT: The terms "Sell By"; "Freeze By"; "Sell or Freeze By"; "Not to be Sold After"; "Best if Used By"; "Expiration"; or other terms as defined by rules or regulations; or a date without additional words shall be considered an open-date statement. See Alabama Code 20-1-20
  • OUT-OF-DATE: Any article with a label containing an open-date statement with a date affixed thereto which has passed. See Alabama Code 20-1-20
  • paid: For the purpose of deductions and credits hereinafter provided for with respect to income tax means paid or accrued or paid or incurred, and the terms paid or accrued and paid or incurred shall be construed according to the method of accounting on the basis of which the net income is computed under this chapter. See Alabama Code 40-18-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: Individuals, firms, partnerships, companies, corporations, associations, trustees, receivers, the State of Alabama, and any of its agencies, authorities, boards, bureaus, commissions, departments, and instrumentalities, each incorporated municipality and any agencies, authorities, boards, bureaus, commissions, and departments of such municipalities, and the several counties of the State of Alabama and any agencies, authorities, boards, bureaus, commissions, and departments of such counties, and any other political subdivisions of the State of Alabama by whatever name or description. See Alabama Code 40-18-90
  • person: Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, other legal entity or business organization or any state or local governmental entity and any successor of the foregoing. See Alabama Code 9-7-10
  • person: Any individual, trust, estate, corporation, association, disregarded entity, or subchapter K entity. See Alabama Code 40-18-1
  • person: An individual, partnership, corporation, or association or any combination thereof. See Alabama Code 20-1-20
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • POTENTIALLY HAZARDOUS FOOD: A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum or the growth of Salmonella Enteritidis. See Alabama Code 20-1-20
  • preceding: means next before. See Alabama Code 1-1-1
  • Probate: Proving a will
  • PROCEEDS FROM A WAGER: Those proceeds as described in 26 U. See Alabama Code 40-18-90
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • property: Such term shall include real, personal and mixed property and interests therein. See Alabama Code 9-6-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • RECREATIONAL LAND: Land and appurtenances thereto used for, or susceptible to recreational use. See Alabama Code 9-7A-2
  • RECREATIONAL USE: Participation in or observation of outdoor activities by the general public including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports, animal or vehicular riding and any related activity. See Alabama Code 9-7A-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • STANDARD OF PURITY OR QUALITY: The standard of purity and quality fixed by the State Board of Agriculture and Industries. See Alabama Code 20-1-50
  • STANDARD OF PURITY OR QUALITY: The standards of purity for food products promulgated by the State Board of Agriculture and Industries and by statutes of this state. See Alabama Code 20-1-20
  • state: The State of Alabama. See Alabama Code 40-18-90
  • STATE PROJECT: Any program of a state agency, board, authority or commission either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities; providing thereby for recreational uses or for research or other educational studies deemed necessary to assist in implementing this chapter. See Alabama Code 9-7A-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • TAXABLE YEAR: The calendar year or the fiscal year ending during the calendar year upon the basis of which net income is computed, or a period of less than 12 months resulting from a change in accounting period as provided in Section 40-18-30. See Alabama Code 40-18-1
  • taxpayer: Any person subject to a tax imposed by this chapter, or whose income is, in whole or in part, subject to a tax imposed by this chapter. See Alabama Code 40-18-1
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trust: Any entity which is a trust for federal income tax purposes. See Alabama Code 40-18-1
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Verdict: The decision of a petit jury or a judge.
  • WAGERING TRANSACTION: A wagering transaction as described in 26 U. See Alabama Code 40-18-90
  • WATER USE: Activities which are conducted in or on the water, but such term does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria or regulations which are incorporated in any program as required by the provisions of this chapter. See Alabama Code 9-7-10
  • WINNINGS SUBJECT TO WITHHOLDING: Proceeds from a wagering transaction in those amounts and sources as defined in 26 U. See Alabama Code 40-18-90
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1