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Georgia Statutes, Title 10

Georgia/Statutes

← All Georgia coverage

Title 10

20 chapters · 1,055 sections in this title.

All chapters in Title 101,055 Ch 1, SELLING AND OTHER TRADE PRACTICES506 Ch 4, WAREHOUSEMEN118 Ch 5, GEORGIA UNIFORM SECURITIES61 Ch 6, AGENCY57 Ch 9, GEO. L. SMITH II GEORGIA WORLD CONGR…50 Ch 6B, GEORGIA POWER OF ATTORNEY44 Ch 2, WEIGHTS AND MEASURES37 Ch 7, SURETYSHIP34 Ch 14, CEMETERY AND FUNERAL SERVICES32 Ch 5A, COMMODITIES AND COMMODITY CONTRACTS …21 Ch 12, ELECTRONIC TRANSACTIONS20 Ch 10, SEED-CAPITAL FUND18 Ch 6A, BROKERAGE RELATIONSHIPS IN REAL ESTA…16 Ch 13A, MASTER SETTLEMENT AGREEMENT ENHANCEMENTS10

118 sections·Filtered byTitle 10✕Ch 4✕

O.C.G.A. § 10-4-1 Short title
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This article shall be known and may be cited as the “Georgia State Warehouse Act.” History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 1; Ga. L. 2024, p. 1052, § 2(39)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, m…
O.C.G.A. § 10-4-10 Annual license required; issuance by Commissioner; application for license or renewal
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(a) No person shall operate a warehouse as deﬁned under this article in this state unless he or she has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued …
O.C.G.A. § 10-4-11 License for person electing to comply with article and regulations
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If not otherwise required by this article, any person operating a warehouse for the storage of agricultural products may elect to come within this article and, upon approval of the Commissioner, may be licensed under this article. As a condition to the granting of a license under…
O.C.G.A. § 10-4-12 Bond required; additional bond
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(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and ﬁle with the Commissioner a good and sufficient bond to the state to secure th…

O.C.G.A. § 10-4-13 Bonded and licensed warehouse may be designated as state bonded

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Upon the ﬁling with and approval by the Commissioner of a bond, in compliance with this article, for the conduct of a warehouse under this article, such warehouse may be designated as state bonded under this article; but no warehouse shall be designated as a state bonded warehous…

O.C.G.A. § 10-4-14 Actions on bonds

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(a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 10-4-12 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint a…

O.C.G.A. § 10-4-15 Inspections of warehouses

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In addition to the general powers conferred by Code Section 10-4-5, the Commissioner and his or her duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural produc…

O.C.G.A. § 10-4-16 Inspectors and examiners to be bonded

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Each inspector and examiner employed by the Commissioner for the inspection and examination of warehouses licensed under this article shall be bonded in an amount not less than $5,000.00, or in such greater amount as the Commissioner deems necessary, for the faithful performance …

O.C.G.A. § 10-4-17 License fees

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Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount ﬁxed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The …

O.C.G.A. § 10-4-19 Warehouse receipts required; obtaining printed forms; use of electronic receipts authorized

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(a) Unless otherwise required by law or by rule or regulation, an original receipt shall be issued for cotton and, at the option of the warehouseman or depositor, for any other agricultural products owned or stored by the warehouseman under this article. No receipt shall be issue…

O.C.G.A. § 10-4-2 Deﬁnitions

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As used in this article, the term: (1) “Agricultural product” means individually and collectively all grains, cotton, meat, fruits, vegetables, and other farm products offered or accepted for storage in their raw or natural state; provided, however, that products which have been …

O.C.G.A. § 10-4-20 Essential terms of warehouse receipts; liability for omission

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(a) Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms: (1) The location of the warehouse where the goods are stored; (2) The date of issue of the receipt; (3) The consecutive number of the receipt; (4) A …

O.C.G.A. § 10-4-21 Obligation of warehouseman to deliver; effect of loss or damage

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Every warehouseman conducting a warehouse under this article shall, without unnecessary delay, deliver the agricultural product as described on each warehouse receipt issued by him upon a demand made by the holder of a receipt for such agricultural product if the demand be accomp…

O.C.G.A. § 10-4-22 Surrender and cancellation of warehouse receipts on delivery

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Except as provided in Code Section 11-7-601, no warehouseman conducting a warehouse under this article shall deliver any agricultural product for which a warehouse receipt has been issued by him unless the receipt has been ﬁrst surrendered to him. Immediately upon delivery by him…

O.C.G.A. § 10-4-23 Records of warehousemen

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Every warehouseman conducting a warehouse under this article shall keep for inspection for such period as the Commissioner may prescribe, in a place of safety, complete and correct records of all agricultural products received at the warehouse for storage or delivered therefrom, …

O.C.G.A. § 10-4-24 Inspection of records; preservation of records when license terminated

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The Commissioner is authorized through officials, employees, or agents designated by him to inspect all receipt records and inventory records of warehouses under this article. In the event of suspension, revocation, or other termination of a license issued under this article, the…

O.C.G.A. § 10-4-25 When insurance on stored products required

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All agricultural products stored for the producer in their raw or natural state, and cotton in any form stored for the producer, in storage in a warehouse under this article or deposited temporarily in such a warehouse pending storage shall be kept insured at full market value by…

O.C.G.A. § 10-4-26 Schedules of charges to be ﬁled; changes in charges; special rates for United States; duplication of charges prohibited

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(a) Prior to transaction of any warehouse business at any warehouse under this article and annually thereafter, the warehouseman shall ﬁle with the Commissioner a schedule of charges to be made by the warehouse. All charges and regulations affecting such charges made by any wareh…

O.C.G.A. § 10-4-27 Certiﬁed public weighers to be provided

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All warehouses licensed under this article shall provide not less than one certiﬁed public weigher for each warehouse in accordance with Code Sections 10-2-40 through 10-2-54. History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 22.

O.C.G.A. § 10-4-28 Scales to be provided; examination; disapproved scales not to be used

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Each warehouse under this article must be equipped with suitable scales in good order and so arranged that all agricultural products for storage can be weighed by the warehouseman. The scales in any such warehouse shall be subject to examination by representatives of the Commissi…

O.C.G.A. § 10-4-29 Suspension of license pending investigation or correction of violation; impoundment of records and commodities

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At such time as the Commissioner or supervisor deems there has been a violation of the law and the rules and regulations, he shall have the power and authority, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to suspend the license of the wa…

O.C.G.A. § 10-4-3 State warehouse section established; supervisor of section

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Within the police powers of the state and for the general welfare, there is established as provided in this article a warehouse system for the State of Georgia as a section of the Marketing Division of the Department of Agriculture under the supervision and control of the Commiss…

O.C.G.A. § 10-4-30 Suspension or revocation of license for violation; liquidation proceedings; impoundment of unused receipts

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(a) The Commissioner, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” may suspend or revoke any license issued to any warehouseman to conduct a public warehouse under this article for any violation of or failure to comply with any provisions…

O.C.G.A. § 10-4-31 Publishing lists of licensed and bonded warehouses, license terminations, and ﬁndings as to violations

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The Commissioner may publish in print or electronically the names and locations of warehouses licensed and bonded, the names and addresses of persons licensed under this article, and lists of all licenses terminated under this article and the causes therefor. Whenever it is found…

O.C.G.A. § 10-4-32 Criminal penalties for violations; immunity of sureties

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(a) Every person who, without lawful authority, shall convert to his own use, or use for purposes of securing a loan, or remove from a warehouse under this article, contrary to this article or the regulations promulgated under this article, any agricultural product received at su…

O.C.G.A. § 10-4-33 Duty of persons accepting warehouse receipts to take adequate measures regarding goods

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This article shall not relieve any person, including, but not limited to, any bank, savings and loan, or other ﬁnancial lending institution, that requires, solicits, or otherwise accepts warehouse receipts issued in accordance with this article as collateral or security for a deb…

O.C.G.A. § 10-4-4 Exemptions from article; warehousemen electing to be covered

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(a) The provisions of this article shall not be construed to apply to: (1) Any warehouse licensed under the United States Warehouse Act, as amended, if the licensee has in effect a federal bond in an amount not less than the amount of the bond which would be required under subsec…

O.C.G.A. § 10-4-5 Powers and duties of Commissioner; annual reports; adoption of rules and regulations

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(a) It shall be the duty of the Commissioner to foster and promote in every possible way good warehousing practices so as to afford proper storage of agricultural products; to enforce with vigilance this article; to promulgate such rules and regulations having the force and effec…

O.C.G.A. § 10-4-6 Procedure for adopting or changing rules and regulations; administrative review of objections

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(a) Prior to the adoption or change of any rule or regulation, the Commissioner shall promulgate the proposed rule or regulation or change and afford interested persons opportunity to be heard and submit data and views orally or in writing. (b) Any person with a real and substant…

O.C.G.A. § 10-4-7 Uniform application of orders, fees, rules, and regulations

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All rules and regulations, orders, schedules of charges, and fees approved or promulgated or issued by the Commissioner under the terms of this article shall be of uniform application to all warehouses of the same class throughout the state. History. Ga. L. 1953, Nov.-Dec. Sess.,…

O.C.G.A. § 10-4-8 Existing interstate commerce regulations not affected

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Nothing contained in this article shall be interpreted so as to conﬂict with any existing regulations of the federal government, or of the federal and state governments jointly, governing inspection of goods in interstate commerce. History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, §…

O.C.G.A. § 10-4-9 Judicial review of administrative decision

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Any person aggrieved by a ﬁnal determination or decision of the Commissioner in any matter in which a hearing is required or authorized by this article or the state or federal constitutions is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of …

O.C.G.A. § 10-4-50 Designation of commissioner

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The Commissioner of Agriculture shall be the state warehouse commissioner. History. Ga. L. 1918, p. 246, § 1; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-301.

O.C.G.A. § 10-4-51 Bond of commissioner

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The state warehouse commissioner shall give bond payable to the Governor and his successors in office for the faithful performance of his duties, in the sum of $25,000.00, such bond to be approved as other bonds of state officers. History. Ga. L. 1918, p. 246, § 14; Ga. L. 1920, …

O.C.G.A. § 10-4-52 Appointment and bonding of necessary employees; promulgation of rules and regulations

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(a) The commissioner shall have the power to appoint graders, officers, clerks, and all necessary employees to carry out this article and ﬁx the salaries of same. He shall also have the power, and is directed, to safeguard the interests of the state by requiring bonds from such o…

O.C.G.A. § 10-4-53 Actions by and against commissioner; limitations on liability; “linters” not to be stored

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(a) The commissioner shall have power to sue and be sued, plead and be impleaded, upon the same terms as an individual or corporation, the action to be against or by the commissioner, and not as an individual, except in case of tort or neglect of duty, when the action may be upon…

O.C.G.A. § 10-4-54 Duties of commissioner generally

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It shall be the duty of the commissioner to study the condition under which cotton is grown, harvested, ginned, baled, covered, stored, and marketed and as a result of such investigation to organize a system that will bring about needed reforms and provide for the most economical…

O.C.G.A. § 10-4-55 Acquisition of property; encouraging erection of warehouses

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The commissioner shall have power to acquire property. It shall be his duty to foster and encourage the erection of warehouses in the various counties, upon plans and speciﬁcations adopted by him. History. Ga. L. 1918, p. 246, § 4; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-306.

O.C.G.A. § 10-4-56 Purchase or lease of, or contracting for, compress plant by commissioner

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The commissioner shall have the right to erect, buy, lease, or otherwise contract for a compress plant, or make contract or contracts with existing compress owners for the compression of cotton, as may be necessary in the conduct of the business under this article. History. Ga. L…

O.C.G.A. § 10-4-57 Fire insurance on property owned by or in possession of commissioner

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The commissioner shall insure against ﬁre all buildings, machinery, or other property owned by the commissioner in the name of the state. The commissioner shall have insured all buildings or machinery leased, owned, or in his possession other than the state’s property when reques…

O.C.G.A. § 10-4-58 Annual report

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(a) The state warehouse commissioner shall make an annual report to the General Assembly, setting forth: (1) Number and location of each warehouse where cotton has been received for storage by the state; (2) Cotton on storage and that delivered on presentation of receipts; and (3…

O.C.G.A. § 10-4-59 Cooperation with other states

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The commissioner shall cooperate with other states where a state warehouse system is in operation and promote the formation of an interstate board so that there may be uniformity in handling and marketing the crop in all the states; and the commissioner is authorized to spend suc…

O.C.G.A. § 10-4-70 Standards and classiﬁcations of cotton

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The state warehouse commissioner shall accept as authoritative the standards and classiﬁcations of cotton established by the federal government. History. Ga. L. 1918, p. 246, § 3; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-308.

O.C.G.A. § 10-4-71 Storing lint cotton; inspection tags; issuance, contents, transfer, and cancellation of receipts

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(a) The state warehouse commissioner may receive for storage lint cotton, properly baled, with an inspection tag showing that it has been legally weighed and that a federal or state grader has graded such cotton. (b) There shall be receipts issued for such cotton under the seal i…

O.C.G.A. § 10-4-72 Fixing terms and rate of storage

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The state warehouse commissioner shall settle the terms upon which cotton may be stored in the local warehouses coming under this article and ﬁx the rate of storage thereon in such manner that these warehouses shall pay expenses, it being the declared purpose of this article that…

O.C.G.A. § 10-4-73 Commissioner may negotiate loans on receipts and sale of stored cotton

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The state warehouse commissioner may, upon the request of the owner of warehouse receipts, negotiate loans upon the same, or make sale of the cotton on storage, and shall notify the holders of cotton of the steps which will be necessary to avail themselves of aid in obtaining loa…

O.C.G.A. § 10-4-74 Commissioner’s charges and commissions

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The state warehouse commissioner shall provide for the cost of maintaining this system by assessing a charge upon each bale of cotton offered for storage, and for negotiation of loans or selling cotton, a commission, all of which charges shall be uniform, and due notice thereof g…

O.C.G.A. § 10-4-75 Warehouse receipt books; execution and sealing of receipts

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The warehouse receipt books shall be designed by the state warehouse commissioner and furnished the manager of each warehouse. Receipts shall be numbered, and the warehouse receiving such books shall be accountable for each receipt. The receipts in such books may have the lithogr…

O.C.G.A. § 10-4-77 Penalty for failure to give notice of lien on cotton

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Any person who shall deposit, or attempt to deposit, cotton upon which a lien, mortgage, or adverse claim exists, without notifying the manager of the warehouse thereof and having this fact so entered on the warehouse receipt, shall be guilty of a misdemeanor. History. Ga. L. 191…

O.C.G.A. § 10-4-78 Penalty for false affidavit as to lien on cotton

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Should any party required by Code Section 10-4-76 to make an affidavit as to an adverse lien, title, or claim to cotton offered to a warehouseman for storage make a false affidavit, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment and…