Article 1 General Provisions 34-6-1 – 34-6-16
Article 2 Licenses 34-6-30 – 34-6-35

Terms Used In Alabama Code > Title 34 > Chapter 6

  • adulterated: Any carcass, part thereof, meat or meat food product or poultry food product is adulterated under one or more of the following circumstances:

    a. See Alabama Code 32-6-190

  • affiliate: A person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, an applicant or registrant. See Alabama Code 32-6-155.1
  • agent: Any individual other than a dealer who represents a dealer or issuer in effecting or attempting to effect sales of securities, but such term does not include an individual who represents an issuer in:

    a. See Alabama Code 32-6-155.1

  • Allegation: something that someone says happened.
  • ANIMAL FOOD MANUFACTURER: Any person, firm or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or other parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry. See Alabama Code 32-6-190
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • apiary: A location or site on which one or more colonies of bees is located. See Alabama Code 32-6-151
  • applicant: A person, natural or otherwise, executing or submitting an application for registration. See Alabama Code 32-6-155.1
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • authority: A public corporation organized pursuant to this chapter. See Alabama Code 45-35-81
  • AUTHORIZING SUBDIVISION: Each county and municipality with the governing body of which an application for the incorporation of an authority under this chapter is filed. See Alabama Code 45-35-81
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • BILLIARD ROOM: Any public place where the game of billiards is permitted to be played and for which a charge is made. See Alabama Code 34-6-1
  • board: The board of directors of an authority. See Alabama Code 45-35-81
  • broker: A dealer, as hereinabove defined. See Alabama Code 32-6-155.1
  • cancel: To terminate the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative upon application filed therefor as follows:

    a. See Alabama Code 32-6-155.1

  • CAPABLE OF USE AS HUMAN FOOD: Any carcass, or part or product of a carcass of any animal is capable of use as human food, unless it is denatured or otherwise identified as required by regulations prescribed by the commissioner to deter its use as human food or it is naturally inedible by humans. See Alabama Code 32-6-190
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized representative. See Alabama Code 32-6-190
  • 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.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any county in the state. See Alabama Code 45-35-81
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealer: Any person engaged in the business of effecting transactions in securities for the account of others or for his own account. See Alabama Code 32-6-155.1
  • 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 State Law Enforcement Agency of this state acting directly or through its duly authorized officers and agents. See Alabama Code 16-36-23
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • director: A member of the board of an authority. See Alabama Code 45-35-81
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • FEDERAL MEAT INSPECTION ACT: The act so entitled, approved May 4, 1907 (34 Stat. See Alabama Code 32-6-190
  • Fiduciary: A trustee, executor, or administrator.
  • firm: Any partnership, association or other unincorporated business organization. See Alabama Code 32-6-190
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body, and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-35-81
  • guaranteed: Guaranteed as to payment of principal, interest, or dividends. See Alabama Code 32-6-155.1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • inspector: An employee or official of the State of Alabama authorized by the commissioner or any employee or official of the government of any county or other governmental subdivision of this state authorized by the commissioner to perform any inspection functions under this chapter under an agreement between the commissioner and such governmental subdivision. See Alabama Code 32-6-190
  • INTRASTATE COMMERCE: Commerce within this state. See Alabama Code 32-6-190
  • INVESTMENT ADVISER: Any person, who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Alabama Code 32-6-155.1
  • INVESTMENT ADVISER REPRESENTATIVE: Any partner, officer, director of (or a person occupying a similar status or performing similar functions) or other individual employed by or associated with an investment adviser, except clerical or ministerial personnel, who:

    a. See Alabama Code 32-6-155.1

  • issuer: Every person who proposes to issue, has issued, or shall hereafter issue any security. See Alabama Code 32-6-155.1
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 30-3D-608
  • label: A display of written, printed or graphic material upon the immediate container (not including package liners) of any article. See Alabama Code 32-6-190
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • MEAT BROKER: Any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines or poultry on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation. See Alabama Code 32-6-190
  • misbranded: Any carcass, part thereof, meat or meat food product or poultry or poultry food product is misbranded under one or more of the following circumstances:

    a. See Alabama Code 32-6-190

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices. See Alabama Code 16-36-23
  • motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. See Alabama Code 16-36-23
  • municipality: An incorporated city or town of the state. See Alabama Code 45-35-81
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • nonissuer: Not directly or indirectly for the benefit of the issuer. See Alabama Code 32-6-155.1
  • offer to sell: includes every attempt to offer or dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See Alabama Code 32-6-155.1
  • officer: A president, vice-president, treasurer, secretary, comptroller, or any other person performing similar functions with respect to any organization whether incorporated or unincorporated. See Alabama Code 32-6-155.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 16-36-23
  • person: Such term shall include a natural person, a corporation created under the laws of this or any other state, country, sovereignty, or political subdivision thereof, a partnership, an association, a joint-stock company, a trust, and any unincorporated organization. See Alabama Code 32-6-155.1
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 16-36-23
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • poultry: Any live or slaughtered domesticated bird. See Alabama Code 32-6-190
  • prepared: Slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed. See Alabama Code 32-6-190
  • 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 30-3D-608
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • registrant: An applicant for whom a registration has been declared effective by the commission. See Alabama Code 32-6-155.1
  • registration: The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. See Alabama Code 16-36-23
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • renderer: Any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, goats, horses, mules or other equines or poultry, except rendering conducted under inspection under this chapter. See Alabama Code 32-6-190
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • revoke: To vacate the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative for cause by order of the securities commission. See Alabama Code 32-6-155.1
  • salesman: An agent, as hereinabove defined. See Alabama Code 32-6-155.1
  • security: Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, annuity contract unless issued by an insurance company, bankers' shares, trustees' shares, investment participating bonds, investment trust debentures, units, shares, bonds and certificates in, for, respecting, or based upon any form of securities or collateral, subscriptions and contracts covering or pertaining to the sale or purchase on the installment plan of any security as herein defined, or subscription or contracts covering or pertaining to the sale or purchase of beneficial interest in title to property, profits or earnings, or any right to subscribe to any of the foregoing, or any instrument of any kind commonly known as a security. See Alabama Code 32-6-155.1
  • sell: includes every contract of sale of, contract to sell, or disposition of a security or interest in a security for value. See Alabama Code 32-6-155.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • state: Any state, territory, or possession of the United States, as well as the District of Columbia and Puerto Rico. See Alabama Code 32-6-155.1
  • state: The State of Alabama. See Alabama Code 45-35-81
  • state: A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada. See Alabama Code 16-36-23
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • suspend: When used in relation to the registration of either a security, a dealer, an investment adviser, an agent, or an investment adviser representative, such term shall mean the temporary cessation or inoperativeness of such registration, whether by reason of operation of law or by reason of an order of the securities commission. See Alabama Code 32-6-155.1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • underwriter: A person who agrees to take or contracts to dispose of a stipulated amount of securities, or a portion thereof, at a fixed price. See Alabama Code 32-6-155.1
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application. See Alabama Code 16-36-23
  • volunteer rescue squad: means only those persons or organizations who are members of the Alabama Association of Rescue Squads, Inc. See Alabama Code 32-6-170
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.