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Ala. Const. art. IV, § 93.06

Promotion of Production, Distribution, Etc., of Peanuts, Milk, and Cotton

activein force · 2026-09-24 – presentas-observed

The legislature may hereafter, by general law, provide for the promotion of the production, distribution, improvement, marketing, use, and sale of peanuts, milk, and cotton. The legislature may provide for the promotion of peanuts, milk, and cotton and peanut, milk, and cotton products by research, education, advertising, and other methods, and the legislature is further authorized to provide means and methods for the financing of any such promotional activity by prescribing a procedure whereby growers of peanuts, and producers of milk and cotton may by referendum among such growers and producers levy upon themselves and collect assessments, fees, or charges upon the sale of peanuts, milk, and cotton for the financing of any such promotional program or activity in cooperation with buyers, processors, dealers, and handlers of peanuts, milk, and cotton. The legislature may make provisions for the nonpayment of assessments by peanut growers and milk and cotton producers, and shall make provisions for the refund of assessments to any peanut growers and milk producers who do not desire to participate in an assessment program. The legislature shall provide for the collection, disbursement, distribution, or expenditure of assessments or charges authorized hereunder and to provide penalties for failure to make collection and distribution of assessments. The legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of peanuts, milk, and cotton and peanut, milk, and cotton products to administer and carry out such promotional program which shall include the conducting of elections or referendums among growers of peanuts and producers of milk and cotton. The legislature may provide the manner by which such referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the State Board of Agriculture and Industries on such application, the requirements and eligibility of the association or organization which will conduct such referendum, the procedures for voting and eligibility to vote in such referendum, the details of the conduct of such referendum. The legislature shall further provide for the deposit, withdrawal, disbursement, and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the Department of Agriculture and Industries and the State Board of Agriculture and Industries. The legislature shall further provide a procedure whereby the association or organization is bonded, for the examination and auditing of the association or organization, and for reasonably necessary rules and regulations to be adopted by the State Board of Agriculture and Industries to effectively carry out the intent and purposes herein enumerated.

The legislature shall provide, by enabling legislation, the definition of peanut growers and producers.

Assessments, fees or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof.

Any uniformity requirements of this Constitution shall be satisfied by the application of the program upon peanuts, milk, and cotton.

History

(Proposed by Act 79-331, p. 504, and proclaimed ratified November 19, 1980, as Amendment 388; Amended by Act 2014-188 and proclaimed ratified August 7, 2014.)

Provenance

Source
alison.legislature.state.al.us
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
18c0d49915ad6c8c5d08e493aa1981f9299f0d6a75a4c6d2692a287da94b6288
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