Filing complaint; fee; procedure

(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable 529 2-11-73 seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser’s right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner in time for the seed, crop, or plants to be inspected to determine if the alleged deficiencies warrant arbitration. Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a prerequisite to the purchaser’s right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner in time for the trees to be inspected to determine if the alleged deficiencies warrant arbitration. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail or statutory overnight delivery. (b) A filing fee of $75.00 shall be paid to the Commissioner with each complaint filed. Such fee shall be recovered from the seller upon recommendation of the Seed Arbitration Council. The filing fee shall be forfeited if the complaint is independently settled between the purchaser and seller prior to the informal hearing scheduled by the council. Such independent settlement serves to close the file on the complaint. (c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint. Upon receipt, the Commissioner shall send a copy of the response to the purchaser by registered or certified mail or statutory overnight delivery. (d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint. (e) Upon receipt of findings and recommendations of the Seed Arbitration Council, the Commissioner shall transmit said items to the purchaser and seller by registered or certified mail or statutory overnight delivery. (f ) The purchaser and seller shall give written notice to the Commissioner of the acceptance or rejection of the council’s recommendations within 30 days of the date the decision is mailed to the purchaser and seller. 530 History. — Code 1981, § 2-11-73, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3; Ga. L. 2000, p. 1589, § 3; Ga. L. 2012, p. 1129, § 2/SB 390. Editor’s notes. — Ga. L. 2000, p. 1589, 2-11-74 § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000. 2-11-74. Membership of Seed Arbitration Council; terms; chairperson and secretary; sessions; expenses. (a) The Seed Arbitration Council shall be composed of five members. One member and one alternate shall be appointed upon the recommendation of each of the following individuals or executive committee: (1) The associate dean for the Cooperative Extension Service of the University of Georgia; (2) The associate dean for the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia; (3) The president of the Georgia Farm Bureau Federation; (4) The executive committee of the Georgia Seedsmen’s Association; and (5) The Commissioner of Agriculture. (b) Each member and each alternate shall continue to serve until a replacement has been recommended by his or her appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate. (c) The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. (d) The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner. (e) Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization. History. — Code 1981, § 2-11-74, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1995, p. 10, § 2; Ga. L. 1996, p. 1151, § 3. 531 2-11-75 2-11-75. Hearings and investigations.