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Georgia Statutes, Title 2

Georgia/Statutes

← All Georgia coverage

Title 2

21 chapters · 591 sections in this title.

All chapters in Title 2591 Ch 8, AGRICULTURAL COMMODITIES PROMOTION115 Ch 7, PLANT DISEASE, PEST CONTROL, AND PES…102 Ch 12, FERTILIZERS, LIMING MATERIALS, AND S…57 Ch 10, MARKETING FACILITIES, ORGANIZATIONS,…46 Ch 6, SOIL AND WATER CONSERVATION43 Ch 14, SALE OF AGRICULTURAL AND FOREST PRODUCTS37 Ch 9, DEALERS IN AGRICULTURAL PRODUCTS35 Ch 11, SEEDS AND PLANTS29 Ch 13, COMMERCIAL FEEDS20 Ch 2, DEPARTMENT OF AGRICULTURE15 Ch 3, GEORGIA AGRICULTURAL EXPOSITION AUTH…15 Ch 23, HEMP FARMING12 Ch 4, GEORGIA SEED DEVELOPMENT COMMISSION10 Ch 5, REGISTRATION, LICENSES, AND PERMITS …9

46 sections·Filtered byTitle 2✕Ch 10✕

O.C.G.A. § 2-10-50 Short title
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This article shall be known as the ‘‘Georgia Marketing Act of 1981.’’ History. — Ga. L. 1981, p. 1354, § 1.
O.C.G.A. § 2-10-51 Purpose of article
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This article is intended to promote the handling, packing, transporting, storage, distribution, inspection, and sale of agricultural products and to assist producers and consumers in selling and purchasing such products under fair conditions. It is the further intent and purpose …
O.C.G.A. § 2-10-52 Definitions
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As used in this article, the term: (1) ‘‘Agricultural products’’ means fruits, vegetables, pecans, nuts, eggs, dairy products, forestry and horticultural products, fish, seafood, meat, poultry, and other such products of farm, field, and water, whether fresh, frozen, canned, or o…
O.C.G.A. § 2-10-53 Powers and duties of Commissioner generally
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The Commissioner of Agriculture is charged with the duty of establishing, operating, and maintaining farmers’ markets and is charged with the responsibility of enforcing this article. In addition to any other powers conferred on him by this article, he may: (1) Investigate method…

O.C.G.A. § 2-10-54 Employees prohibited from engaging in business as dealer in agricultural products

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All full-time employees of the department whose regular work duties involve the operation of any farmers’ market are prohibited from engaging in business as a ‘‘dealer in agricultural products,’’ as that term is defined in Code Section 2-9-1, during their term of employment. Hist…

O.C.G.A. § 2-10-55 Authority of Commissioner to make inspections, prescribe and collect fees and charges, and assign space on farmers’ markets

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(a) In addition to any powers heretofore granted, the Commissioner shall have the authority to: (1) Inspect all agricultural products coming into Georgia markets or offered for sale within the state; (2) Prescribe and collect reasonable fees and charges to pay the necessary costs…

O.C.G.A. § 2-10-56 Promulgation of rules and regulations by Commissioner

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The Commissioner is authorized to promulgate such rules and regulations as in his judgment may be necessary to conduct and operate farmers’ markets properly and to implement this article. Such rules and regulations may include, but are not limited to, rules and regulations to: (1…

O.C.G.A. § 2-10-57 Authority of Commissioner to provide for safety and security at farmers’ markets; police powers

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(a) The Commissioner is authorized to provide for safety and security at the farmers’ markets and to make such rules and regulations as are necessary for this purpose. The Commissioner is vested with police powers to enforce this article, rules and regulations promulgated pursuan…

O.C.G.A. § 2-10-58 Acquisition and rental of real property; format of lease execution; closing of farmers’ markets

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(a) The Commissioner, acting for and on behalf of the department and in the name of the state, is authorized to: (1) Acquire, with the approval of the State Properties Commission, real property for the expansion, development, operation, and maintenance thereon of farmers’ markets…

O.C.G.A. § 2-10-59 License required to sell in farmers’ markets; consent to inspection of property; removal from premises

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(a) In order that the department may better manage the farmers’ markets authorized by this article and to thereby facilitate the use of such farmers’ markets by the citizens of this state, all persons and their employees, agents, and designees desiring to sell or to offer for sal…

O.C.G.A. § 2-10-60 Suspension or revocation of registration, license, or permit; procedure; enforcement of laws, regulations, or orders

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Any other provision of this title or Article 1 of Chapter 13 of Title 50 to the contrary notwithstanding: (1) When the Commissioner, either through investigation or otherwise, has determined that any person has engaged in, is engaging in, or is about to engage in any act, practic…

O.C.G.A. § 2-10-61 Rules and regulations to continue in effect

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To the extent consistent with this article, the Georgia Department of Agriculture Rules and Regulations for State Farmers’ Markets, Chapters 40-9-1 through 40-9-11 of the Secretary of State’s Official Compilation of Rules and Regulations for the State of Georgia, adopted or promu…

O.C.G.A. § 2-10-62 Prohibited acts; penalty

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(a) It shall be unlawful for any person on a farmers’ market to: (1) Engage in deceptive or dishonest trade practices; (2) Do any act or use any language insulting to another tenant or customer; intimidate a shopper into purchasing his or her products; attempt to fix the price of…

O.C.G.A. § 2-10-100 Contracts and agreements between associations

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(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and may make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation, association,…

O.C.G.A. § 2-10-101 Marketing contracts authorized; provisions; liquidated damages; injunctions and restraining orders; specific performance

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(a) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or an…

O.C.G.A. § 2-10-102 Activities in connection with agricultural products and furnishing farm business services generally

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A cooperative association organized under this article may engage in activities in connection with the production of agricultural products and in furnishing farm business services to its members. History. — Ga. L. 1939, p. 350, § 3; Code 1933, § 65-229, enacted by Ga. L. 1973, p.…

O.C.G.A. § 2-10-103 Engaging in business for nonmembers

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During any fiscal year, a cooperative association organized under this article may handle agricultural products of and engage in other business for nonmembers in value equal to but not greater than that for members. History. — Ga. L. 1939, p. 350, § 4; Code 1933, § 65-230, enacte…

O.C.G.A. § 2-10-103.1 Power to acquire debt or equity of, create or own, and control and manage business entities

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A cooperative association organized under this article shall have the powers from time to time (1) to acquire part or all of the debt or equity or both of any corporations, partnerships, or other legal entities engaged in any agricultural or other businesses, (2) to join with oth…

O.C.G.A. § 2-10-104 Annual reports

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Each association formed under this article shall prepare an annual report, on forms furnished by the Secretary of State, indicating the name of the association, its principal place of business, and a general statement of its business operations during the fiscal year. If the asso…

O.C.G.A. § 2-10-105 License fee; tax exemption

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Each association organized under this article shall pay an annual license fee of $10.00 but shall be exempt from all franchise or license taxes. History. — Ga. L. 1921, p. 139, § 26; Code 1933, § 65-225.

O.C.G.A. § 2-10-106 Distribution of excess income, reserves, or surpluses

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Net income of a cooperative association organized under this article, in excess of additions to reserves, surpluses, and other authorized deductions, may be distributed to members and to nonmember patrons on the basis of patronage. Any distribution of reserves or surpluses at any…

O.C.G.A. § 2-10-107 Associations not deemed monopolistic or in restraint of trade

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No association organized under this article shall be deemed to be a combination in restraint of trade, an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily; nor shall the marketing contracts or agreements between the association and its members or an…

O.C.G.A. § 2-10-108 Applicability of nonprofit corporation laws

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The general corporation laws of this state applicable to nonprofit corporations, as amended from time to time, and all powers and rights thereunder shall apply to the associations organized under this article, except where such laws are in conflict or inconsistent with the expres…

O.C.G.A. § 2-10-109 Applicability of other laws

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No provisions of law which are in conflict with this article shall be construed as applying to the associations provided for in this article. History. — Ga. L. 1921, p. 139, § 18; Code 1933, § 65-223.

O.C.G.A. § 2-10-110 Procedure by which other corporations and associations may come under article

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Any corporation or association organized under any statute of this or any other state, by majority vote of its stockholders or members, may be brought under this article by limiting its membership to the classes mentioned in this article, by adopting the other restrictions provid…

O.C.G.A. § 2-10-80 Short title

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This article may be cited as the ‘‘Cooperative Marketing Act.’’ History. — Ga. L. 1921, p. 139, § 1; Code 1933, § 65-201.

O.C.G.A. § 2-10-81 Definitions

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As used in this article, the term: (1) ‘‘Agricultural products’’ means: (A) Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and (B) Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, …

O.C.G.A. § 2-10-82 When associations deemed nonprofit

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Associations organized under this article shall be deemed to be nonprofit since they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers. History. — Ga. L. 1921, p. 139, § 1; Code 1933, § 65-201.

O.C.G.A. § 2-10-83 Persons who may form cooperative association

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Five or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under this article. History. — Ga. L. 1921, p. 139, § 2; Code 1933, § 65-202.

O.C.G.A. § 2-10-84 Filing of articles of incorporation; contents; subscription; verification; further proceedings

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(a) Persons desiring to be incorporated under this article must prepare and file in the office of the Secretary of State articles of incorporation setting forth: (1) The name of the association; (2) The purpose for which it is formed; (3) The place where its principal business wi…

O.C.G.A. § 2-10-85 Amendment of charter

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Amendments of the charter may be authorized at any regular meeting of the stockholders or members or at any special meeting called for that purpose. An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of a quorum o…

O.C.G.A. § 2-10-86 Adoption of bylaws; authorized provisions

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(a) Each association incorporated under this article, within 30 days after its incorporation, shall adopt for its government and management a code of bylaws not inconsistent with the powers granted by this article. A majority vote of a quorum of the members or stockholders attend…

O.C.G.A. § 2-10-87 Directors to manage association; number; election or appointment; compensation; marketing or purchasing contracts with association; vacancies

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(a) The affairs of the association shall be managed by a board of not less than five directors elected by the members or stockholders from their own number. (b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that…

O.C.G.A. § 2-10-88 Election of officers

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(a) The directors shall elect from their number a president and one or more vice-presidents. They shall also elect a secretary and a treasurer, who need not be directors. They may combine the two latter offices and designate the combined office as secretary-treasurer. The treasur…

O.C.G.A. § 2-10-89 Removal of officers or directors

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(a) Any member may bring charges against an officer or director by filing such charges in writing with the secretary of the association together with a petition signed by 10 percent of the members requesting the removal of the officer or director in question. The removal shall be…

O.C.G.A. § 2-10-90 Eligibility as members or stockholders

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Under the terms and conditions prescribed in its bylaws, an association may admit as members or issue common stock only to persons, associations, or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the asso…

O.C.G.A. § 2-10-91 Issuance of stock or certificate; liability of member; maximum amount of stock member may own; voting; preferred stock; transfer of stock; purchase of own stock by association

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(a) When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership. No association shall issue stock to a member until it has been fully paid for. Promissory notes of the members may be accepted …

O.C.G.A. § 2-10-92 Regular meetings; special meetings generally; notice

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(a) In its bylaws each association shall provide for one or more regular meetings annually. (b) The board of directors shall have the right to call a special meeting at any time. (c) Ten percent of the members or stockholders may file a petition stating the specific business to b…

O.C.G.A. § 2-10-93 Referral of matters to entire membership; special meetings

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Upon demand of one-third of the entire board of directors, any matter that has been approved or passed by the board shall be referred to the entire membership or the stockholders for decision at the next special or regular meeting, provided that a special meeting may be called fo…

O.C.G.A. § 2-10-94 Powers of associations generally

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Each association incorporated under this article shall have the following powers: (1) To engage in any activity in connection with: (A) The marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping, ginning, or utilizing of any …

O.C.G.A. § 2-10-95 Duration of associations

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Each association incorporated and organized after April 3, 1978, pursuant to this article shall have perpetual duration unless a limited period of duration is provided for and stated in its charter or articles of incorporation or in an amendment thereto. Each association incorpor…

O.C.G.A. § 2-10-96 Use of preferred stock to purchase property interest

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Whenever an association organized under this article with preferred capital stock desires to purchase the stock of any person, firm, corporation, or association or any property or property interest thereof, it may make the purchase, in whole or in part, by exchanging for the acqu…

O.C.G.A. § 2-10-97 Transfer of common stock

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Common stock of cooperative associations organized under this article may only be transferred to other such associations and to individuals, firms, partnerships, and other associations and corporations engaged in the production of agricultural products. Such restrictions must be …

O.C.G.A. § 2-10-98 Joining with other nonprofit cooperative associations

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A cooperative association organized under this article may join with other such associations or with individuals, firms, partnerships, or other associations or corporations engaged in the production of agricultural products to form a nonprofit cooperative association, with or wit…

O.C.G.A. § 2-10-111 Associations not deemed monopolistic or in restraint of trade

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Applicability of nonprofit corporation laws. Applicability of other laws. Procedure by which other corporations and associations may come under article. Use of word ‘‘cooperative’’ in business name. Article 4 Roadside Markets Incentive Program 2-10-130 through 2-10-140. [Repealed…

O.C.G.A. § 2-10-99 Article 3 Cooperative Marketing Associations 2-10-80

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Short title. 467 Definitions. When associations deemed nonprofit. Persons who may form cooperative association. Filing of articles of incorporation; contents; subscription; verification; further proceedings. Amendment of charter. Adoption of bylaws; authorized provisions. Directo…