Alabama. Dept. of Agriculture and Industries

Authorities:

1901 Alabama Constitution, Art. V, Sec. 114, 115; Art. VII, 173; Amendment 282.

1975 Alabama Code, Sec. 2-1-1 to 2-31-19.

Alabama Government Manual, 1982.

Markely, Anne Ethelyn. Author Headings for the Official Publications of the State of Alabama. Chicago: ALA, 1948.

The Department of Agriculture and Industries promotes agriculture and industries within the State and is required by law to administer and enforce regulatory laws, rules, and regulations. These duties involve the inspection of numerous commodities for the protection of consumers. The Commissioner of Agriculture and Industries is selected by popular election. To qualify for the office, one must be at least twenty-five years of age, a citizen of the U.S. at least seven years, and a resident of Ala. at least five years preceding election. The Commissioner must be of good moral character and recognized executive ability, and trained in the practice and science of agriculture. The Commissioner serves a four year term of office, is eligible for one successive term, and may be removed by impeachment.

The Department of Agriculture was created 1883 Feb. 23 under the management and control of a public officer known as the Commissioner of Agriculture. This Commissioner was appointed by the Governor and held office for the term of two years, and until his successor was appointed and qualified. The Commissioner was bound to take and subscribe to the oath of office prescribed by the Constitution. Furthermore, he was also required to enter into bond, payable to the State of Alabama, with at least two good and sufficient sureties, in the penalty of five thousand dollars, with condition for the faithful performance of all the duties which were, or may have been required of him by law. The bond had to be approved by the Governor, and, with the oath of the office, filed in the office of the auditor. The Commissioner's salary, during that period, was $2,100 annually, payable monthly. Furthermore, he was required to keep his office in the state capitol. (Code of Alabama 1887, Title III, Chapter 2, Art. VI, Sec. 129-133)

The major duties of the Commissioner of the original department were the encouragement of the proper develpoment of agriculture, horticulture, and kindred industries. Furthermore, he was to encourage the organization of neighborhood and county agricultural clubs and associations, and out of these the organization of a state agricultural association. Generally, his duties involved all of the activities which were expedient to the expansion and perpetuation of the state's agricultural system. Furthermore, the commissioner was granted, by law, the powers to utilize the services of the state geologist and the state chemist as he saw fit. (Code of Alabama 1887, Title III, Chapter 2, Art. VI, Sec. 137)

In 1901, the Ala. Constitution stated that the Commissioner of Agriculture would be elected by the qualified electors of the state at the same time and places appointed for the election of members of the Legislature in 1902 and in every fourth year thereafter. Furthermore, it set reasonably concrete grounds for impeachment as well as a procedure for impeachment; therefore, not only did the Ala. Constitution of 1901 offer constitutional justification for the department, but it also made major amendments in its previous administrative structure. (1901 Ala. Constitution, Art. V, Sec. 114, 115; Art. VII, Sec. 173) The Commissioner was also designated as the Commissioner of Agriculture and Industries in the 1901 Constitution (Markley, p. 35).

In later years, efforts were undertaken to facilitate the expansion of official tenure from one term to an unlimited number of terms; however, compromises were made whereas the officer could succeed himself once. (1901 Ala. Constitution, Amend. 282)

In 1923, a department known as the Department of Agriculture and Industries was created, with the Commissioner of Agriculture and Industries as its executive officer. For the purpose of administration, the Department was organized by the Commissioner of Agriculture and Industries in such a manner as, with the advice and counsel of the State Board of Agriculture, was deemed necessary to properly segregate and conduct the work of the Department. The work of the Department was organized into five divisions known as the Division of Plant Industry, the Division of Agricultural Chemistry, the Division of Animal Industry, the Division of Markets, and the Clerical and Records Division. The Commissioner of Agriculture and Industries was granted the authority, with the approval of the State Board of Agriculture, to create such sub-divisions as may have been deemed necessary to govern the activities of the Department. Furthermore, he was authorized to assign to each of the officials and employees thereof such duties and labors as he saw fit and he could, from time to time for the betterment of the public service, re-assign to any and all employees under the chief of any division, such duties as he deemed pertinent to the maintenance and perpetuation of the Department's functions. (General Acts of Alabama 1923, No. 376, Art. 3)

Arrangements were also made, during this period, for the creation of a State Board of Agriculture (later changed to State Board of Agriculture and Industries) which was empowered to exercise various acts which were beneficial to the maintenance and administration of the Department's programs. The Commissioner of Agriculture and Industries was authorized as the Ex-Officio Chairman of the State Board. Also, several divisions were authorized (within the Department) to better facilitate the smooth administration of the Department's programs. (General Acts of Alabama 1923, No. 376, Art. 2)

The Department of Agriculture and Industries is an agency headed by an elected Commissioner who serves as its executive officer. The Commissioner has a substantial number of duties prescribed by law. Among the Commissioner's duties which have the most general applications are the investigation of industrial development possibilities for the state, administration of the Agricultural Fund, appointing of necessary personnel which may be considered expedient to the administration of the Department's policies. Furthermore, the Commissioner advises the Department of Corrections and Institutions regarding agricultural matters and products. The Commissioner performs many other duties which may have a direct or indirect relationship with the State's agricultural resources. (Alabama Government Manual, 1982)

In addition to the aforementioned duties, the Commissioner serves as ex-officio member of the State Board of Agriculture and Industries; Alabama Dairy Commission; Board of Appointment of Registrars of Elections; Board of Appointment of Registrars of Elections; Board to Examine Entomologists, Horticulturist, Floriculturists, and Tree Surgeons; Cotton Study Committee; Agricultural Center Board; Alabama Agricultural and Industrial Exhibit Commission; Farmers Market Authority; Alabama Development Office; U.S.D.A. Rural Development Council; Advisory Board of the Water Improvement Commission; and Advisory Board of Conservation and Natural Resources. (Alabama Government Manual, 1982)

As of 1982 the Department was divided into the following divisions:

Alabama. Department of Agriculture and Industries. Division of Agricultural Chemistry.

Authority: Alabama Government Manual, 1982.

Alabama. Department of Agriculture and Industries. Agricultural Industries Division.

Alabama. Department of Agriculture and Industries. Division on Agricultural Statistics.

Alabama. Department of Agriculture and Industries. Division of Cooperatives and Reports.

Alabama. Department of Agriculture and Industries. Dairy Industry Inspection Division.

Alabama. Department of Agriculture and Industries. Division of Gins and Warehouses.

Alabama. Department of Agriculture and Industries. Livestock Market News Division.

Alabama Department of Agriculture and Industries. Livestock Sanitary Division.

Alabama. Department of Agriculture and Industries. Meat and Poultry Inspection Division.

Alabama. Department of Agricutlure and Industries. Market News Service Division.

Alabama. Department of Agriculture and Industries. Petroleum Commodities Division.

Alabama. Department of Agriculture and Industries. Division of Plant Industry and State Apiarist.

Alabama. Department of Agriculture and Industries. Poultry Division.

Alabama. Department of Agriculture and Industries. Publications Division.

Alabama. Department of Agriculture and Industries. Seed Division.

Alabama. Department of Agriculture and Industries. Shipping Point Inspection Division.

Alabama. Department of Agriculture and Industries. Division of Stockyards and Brands.