Definitions

As used in this article, the term: (1) ‘‘Commissioner’’ means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state. (2) ‘‘Council’’ means the Seed Arbitration Council. 528 2-11-73 (3) ‘‘Person’’ means an individual, firm, partnership, corporation, or company. (4) ‘‘Purchaser’’ means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter or any commercial fruit or nut tree. (5) ‘‘Seller’’ means any person who sells seed, including but not limited to the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council’s investigation and any person who sells commercial fruit or nut trees. History. — Code 1981, § 2-11-71, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3. 2-11-72. Notice of requirements for filing complaint printed on seed container, label, or invoice; effect of failure to provide notice. (a) At the time of purchase of agricultural, vegetable, flower, tree, or shrub seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings or at the time of purchase of any commercial fruit or nut tree, language setting forth the requirement for filing a complaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed or on a label attached to or on the invoice covering the commercial fruit or nut tree. (b) Such language shall be in addition to the labeling requirements specified in Code Section 2-11-22 and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner. (c) If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed or on a label or invoice covering the commercial fruit or nut tree, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section 2-11-73. History. — Code 1981, § 2-11-72, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3. 2-11-73. Filing complaint; fee; procedure.