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HB39 INTRODUCED
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HB39
84Z1YF2-1
By Representative Brown
RFD: Ports, Waterways and Intermodal Transit
First Read: 13-Jan-26
PFD: 28-Aug-25
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84Z1YF2-1 08/21/2025 ZAK (L)lg 2025-2500
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PFD: 28-Aug-25
SYNOPSIS:
Under existing law, persons that engage in
selling, brokering, trading, bartering, or processing
of any fresh or frozen seafood must purchase a seafood
dealer license.
This bill would further provide for the license
fee to be paid by state residents who already hold
other licenses authorizing the taking of certain
seafood.
This bill would also provide for it to be
retroactive and curative.
A BILL
TO BE ENTITLED
AN ACT
Relating to seafood dealer licenses; to amend Section
9-12-125, as last amended by Act 2025-445, 2025 Regular
Session, Code of Alabama 1975, to further provide for the
license fee paid by certain applicants; and to provide that
this act is retroactive and curative .
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 9-12-125, as last amended by Act
2025-445, 2025 Regular Session, Code of Alabama 1975, is
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2025-445, 2025 Regular Session, Code of Alabama 1975, is
amended to read as follows:
"§9-12-125
(a)(1)a. Any person who engages in the selling,
brokering, trading, bartering, or processing of any fresh or
frozen seafood, whether on a consignment basis or otherwise,
is a seafood dealer and shall purchase a seafood dealer
license for a fee of four hundred sixty-five dollars ($465)
for Alabama residents domiciled for a period of more than one
continuous year immediately preceding the date of issuance and
seven hundred thirty dollars ($730) for nonresidents, except
for residents of states which charge Alabama residents in
excess of seven hundred thirty dollars ($730) for the
activity, in which case the fee shall be the amount the other
state charges.
b. Notwithstanding paragraph a., a state resident who
possesses a valid license or permit issued pursuant to Section
9-12-82, 9-12-87, 9-12-93, 9-12-113 , or 9-12-124 shall
purchase a seafood dealer license for a fee of two hundred
sixty-five dollars ($265).
(2) To obtain a license, all entities other than
brokers shall have and present proof of a business license
from the location of the business, a tax identification
number, and the appropriate seafood processing health permit.
(3) A license is not required by nonresident seafood
dealers buying from or selling to a licensed Alabama seafood
dealer or a licensed commercial fishermen fisherman when
selling their catch to a licensed Alabama seafood dealer nor
is a license required by restaurants where the seafood is
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is a license required by restaurants where the seafood is
cooked and sold for consumption on or off the restaurant's
premises. Restaurants shall not purchase seafood from any
person that is not licensed to sell seafood in this state.
(4) If a licensee owns or operates more than one place
of business, an additional license shall be purchased for each
separate place of business, providing the location of each. A
vehicle used solely for transporting seafood to or from an
Alabama seafood dealer is not considered a place of business.
Each vehicle from which seafood is sold to or purchased from
any person, other than an Alabama seafood dealer, is a place
of business and shall be licensed under this section. A
seafood dealer shall purchase a license for each such vehicle
for a fee of three hundred thirty-three dollars ($333) per
license and the operator of the vehicle shall have the
original license in his or her possession when selling or
buying seafood from that vehicle. Seafood dealers may purchase
seafood only from commercial fishermen validly licensed in
Alabama, Alabama seafood dealers, and any nonresident seller
who is validly licensed to sell seafood under the laws of that
state.
(5) It shall be unlawful for any person to sell,
broker, trade, barter, or process seafood as provided for in
this section without first purchasing a seafood dealer
license. Any person violating this section, upon conviction,
shall be guilty of a Class A misdemeanor, with a minimum
mandatory fine of one thousand dollars ($1,000) for a first
offense, two thousand five hundred dollars ($2,500) for a
second offense within three years of the date of the first
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second offense within three years of the date of the first
conviction, and five thousand dollars ($5,000) and a mandatory
jail sentence of 10 to 30 days for a third and any subsequent
offense within three years of the date of the first
conviction.
(b) The Department of Conservation and Natural
Resources shall annually remit two hundred dollars ($200) of
each seafood dealer license fee collected to the nonprofit
corporation Sweet Grown Alabama for the promotion of this
state's seafood products."
Section 2. This act is retroactive and curative and
shall apply to any license issued pursuant to Section
9-12-125, Code of Alabama 1975, on or after October 1, 2025.
Section 3. This act shall become effective immediately.
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