Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-4-1 State warehouse section
0.4K chars
Established within marketing division of department of agriculture, §10-4-3. Supervisor, §10-4-3. Uniform application of orders, fees, rules and regulations, §10-4-7. United States. Special rates for, §10-4-26. Weighers. Certified public weighers to be provided, §10-4-27. State wa…
O.C.G.A. § 10-4-100 Legislative intent and findings
1.4K chars
(a) It is the intent and purpose of this part to enable producers to have sufficient time to cure, prepare, and market their flue-cured leaf tobacco in a proper and orderly manner. It is found by the General Assembly that the provisions of this part are necessary to the proper mar…
O.C.G.A. § 10-4-102 Rate of sales, §10-4-113
0.3K chars
Records, §10-4-108. Auction tobacco dealers, §10-4-114. Commissioner of agriculture to keep sales records, §10-4-109. 1578 INDEX TOBACCO —Cont’d Leaf tobacco —Cont’d Sales, storage —Cont’d Records —Cont’d Inspection, §10-4-116. Nonauction tobacco dealers, §10-4-115. Publication o…
O.C.G.A. § 10-4-103 Insurance as prerequisite for license
1.0K chars
As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that he has in force a standard fire and extended coverage insurance policy for the full market value of the tobacco in his sales warehouse for …
O.C.G.A. § 10-4-104 Allocating sales opportunities among licensed warehouses
2.2K chars
In the event sales opportunity shall be designated or allocated to this state by any regulatory group or committee, the Commissioner of Agriculture shall be authorized to allocate such sales opportunity among the warehouses operating under license issued under this part in such m…
O.C.G.A. § 10-4-106 Georgia Tobacco Marketing Act of 1995
0.5K chars
(a) This Code section shall be known and may be cited as “The Georgia Tobacco Marketing Act of 1995.” (b) The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit: (1) Reserved; …
O.C.G.A. § 10-4-107 Warehousemen to render itemized statements
0.3K chars
The licensee of each and every warehouse shall render to each seller of tobacco of his warehouse an itemized statement plainly stating the amount charged for weighing and handling, the amounts charged for auction fees, and the amounts charged for commission on each sale. History.…
O.C.G.A. § 10-4-107.1 Requirements of tobacco contracts
2.1K chars
(a) As used in this Code section, the term “tobacco contract” means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction. (b) No tobacco contract…
O.C.G.A. § 10-4-108 Records and reports by warehousemen
4.4K chars
Each licensee shall keep a correct daily account of the number of pounds of leaf tobacco sold upon the floor of his warehouse. On or before Monday of each week, the licensee shall make a statement under oath of all of the tobacco sold upon the floor of his warehouse during the prec…
O.C.G.A. § 10-4-109 Reports, §10-4-108
0.1K chars
Auction tobacco dealers, §10-4-114. Nonauction tobacco dealers, §10-4-115. Rules and regulations.
O.C.G.A. § 10-4-11 Renewal, §10-4-10
0.2K chars
Required, §10-4-10. WAREHOUSES —Cont’d State licensed and bonded warehouses —Cont’d Licenses —Cont’d Suspension or revocation for violation, §10-4-30. Suspension pending investigation or correction of violation, §10-4-29. Liquidation proceedings.
O.C.G.A. § 10-4-112 Limitations on sales hours and days of warehouses
0.7K chars
(a) The operating day of each flue-cured leaf tobacco warehouse shall not exceed the number of hours required to handle and sell adequately and efficiently the number of pounds or piles of tobacco allowed to be sold each day. (b) The operating week of such warehouse shall be limit…
O.C.G.A. § 10-4-113 Maximum rate of sales
4.5K chars
The maximum rate of sales at any flue-cured leaf tobacco warehouse shall not exceed 500 baskets during any one hour, nor shall the rate of sales during any one day or week exceed 500 baskets per hour. History. Ga. L. 1960, p. 214, § 12; Ga. L. 1969, p. 941, § 1. 10-4-114. Auction …
O.C.G.A. § 10-4-115 Warehouses
0.2K chars
State licensed and bonded warehouses. Annual report, §10-4-5. Inspection reports as evidence, §10-4-15. State warehouse commissioner, §10-4-58. REPOSSESSION.
O.C.G.A. § 10-4-116 Inspection of premises and records
0.4K chars
The Commissioner of Agriculture, himself or through his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner in suc…
O.C.G.A. § 10-4-117 Certified public weighers to be provided by licensees
0.3K chars
It shall be the duty of each licensee to provide a certified public weigher for the weighing of tobacco upon his premises; and it shall be unlawful for any person to weigh tobacco for sale who is not a certified public weigher. History. Ga. L. 1960, p. 214, § 18.
O.C.G.A. § 10-4-117.1 Correction of violations
0.8K chars
Suspension or revocation of license or registration pending, §10-4-119. 1577 INDEX TOBACCO —Cont’d Leaf tobacco —Cont’d Sales, storage —Cont’d Days of warehouses. Limitations, §10-4-112. Detention of tobacco, §10-4-117.1. Early sales. Revocation of license, §10-4-111. Enforcement…
O.C.G.A. § 10-4-119 Suspension, §10-4-105
0.8K chars
Notice and hearing, §10-4-118. Pending investigation and correction of violation, §10-4-119. Limitation on sales hours and days of warehouses, §10-4-112. Maximum charges for handling and selling, §10-4-106. Itemized statements, §10-4-107. Maximum rate of sales, §10-4-113. Nonauct…
O.C.G.A. § 10-4-12 Bond required; additional bond
3.0K chars
(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. § 10-4-120 Enjoining violations
2.6K chars
In addition to the remedies provided in this part and notwithstanding the existence of any other remedy of law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court; and such court shall have jur…
O.C.G.A. § 10-4-121 Advisory board
0.4K chars
Duties, §10-4-111. Meeting, §10-4-111. Allocating sales opportunities among licensed warehouses, §10-4-104. Appeals. Judicial review of administrative decision, §10-4-122. Auction tobacco dealers. Licenses, §10-4-114. Reports and records, §10-4-114. Bonds. Nonauction tobacco deal…
O.C.G.A. § 10-4-122 Judicial review of administrative decision
0.4K chars
Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this part or by the state or federal Constitution is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of Title 50, the “Georgi…
O.C.G.A. § 10-4-123 General penalty for violation of part
0.3K chars
Any person who shall violate any provision of this part for which no specific punishment is provided in this part shall be guilty of a misdemeanor. History. Ga. L. 1960, p. 214, § 27. PART 2 CARRY-OVER LEAF TOBACCO STORAGE AND SALE 10-4-140. Legislative intent and findings.
O.C.G.A. § 10-4-13 Examiners, §10-4-16
0.4K chars
Grain dealers, §10-4-12. Immunity of sureties for criminal penalties, §10-4-32. Inspectors, §10-4-16. Required, §10-4-12. Supervisor of state warehouse section, §10-4-3. Care required in protection of products, §10-4-21. Certified public weighers to be provided, §10-4-27. Charges.…
O.C.G.A. § 10-4-14 Actions on bonds
2.3K chars
(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. § 10-4-140 Legislative intent and findings
0.5K chars
It is the intent and purpose of this part to enable producers of 682 10-4-142 flue-cured leaf tobacco to avail themselves of an adequate and safe method of storing flue-cured leaf tobacco unsold in the year of production until the subsequent selling season for purposes of marketing…
O.C.G.A. § 10-4-141 Definitions
0.7K chars
As used in this part, the term: (1) “Carry-over tobacco” means any tobacco unsold in the year of its production and held, for whatever reason, in storage until the subsequent selling season for sale in that season. (2) “Operator” means any person, firm, partnership, or corporation…
O.C.G.A. § 10-4-142 Legislative intent and findings
1.6K chars
Definitions. Licenses for carry-over tobacco services. Fire and extended coverage insurance on stored tobacco. Each licensee to be bonded. Maximum charges and expenses. Licensees to render statements upon receipt of tobacco. Division of money received above contract sales price pl…
O.C.G.A. § 10-4-143 Fire and extended coverage insurance on stored tobacco
1.1K chars
As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that there is in force an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended c…
O.C.G.A. § 10-4-144 Each licensee to be bonded
0.6K chars
As a prerequisite to the issuance of a license under this part, each applicant shall also furnish evidence to the Commissioner of Agriculture that he has in force for the year for which the license is sought a bond issued by a corporate entity authorized to do business in this st…
O.C.G.A. § 10-4-145 Maximum charges and expenses
0.4K chars
The maximum charges and expenses to be maintained by operators under this part receiving tobacco unsold in the year of production to be stored until sold in the subsequent selling season shall not exceed 5¢ per pound for services rendered, if sold on a green-weight basis. If sold…
O.C.G.A. § 10-4-146 Licensees to render statements upon receipt of tobacco
0.4K chars
Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of the amount of tobacco tendered and the amount to be charged for servicing that tobacco other than actual cost o…
O.C.G.A. § 10-4-148 Licensees’ records and reports
0.9K chars
Each licensee shall keep a record of the number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount received from each producer. The records shall also show the final disposition of the tobacco, whether redeemed by the …
O.C.G.A. § 10-4-15 Inspections of warehouses
1.1K chars
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. § 10-4-150 Tender for storage not deemed sale; sale not consummated before next season
0.4K chars
The tendering of carry-over tobacco by producers to operators to be stored until the next selling season shall not be deemed a sale as of the time of the tender. The sale of carry-over tobacco may not be consummated until after the beginning of the subsequent selling season. Hist…
O.C.G.A. § 10-4-151 Certified public weighers to be provided by licensees
0.4K chars
It shall be the duty of each licensee to provide a certified public weigher for the weighing of carry-over tobacco at the time and place of receipt of the tobacco by operators for storage until the subsequent selling season, and it shall be unlawful for any person who is not a cer…
O.C.G.A. § 10-4-152 Regulations and physical standards for premises; inspection of premises
0.9K chars
The Commissioner of Agriculture shall be authorized to promulgate regulations to implement this part, to accomplish its purposes, and to prescribe physical standards for buildings and premises used for the receipt or storage, or both, of carry-over tobacco. Such standards shall b…
O.C.G.A. § 10-4-153 Leaf tobacco sales and storage
1.0K chars
Administrative review of objections to rules and regulations, §10-4-121. Judicial review of administrative decisions, §10-4-122. Licenses. Notice and hearing in revocation or suspension proceeding, §10-4-118. ADMINISTRATIVE PROCEDURE —Cont’d Tobacco —Cont’d Leaf tobacco sales and…
O.C.G.A. § 10-4-154 Enjoining violations
0.7K chars
In addition to the remedies provided in this part and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court and the court shall have juris…
O.C.G.A. § 10-4-155 Definitions, §10-4-141
1.5K chars
Division of money received above contract sales price, §10-4-147. Enforcement of part, §10-4-153. Expenses. Division of money received above contract sales price plus expenses, §10-4-147. Maximum expenses, §10-4-145. Fees. Licenses, §10-4-142. Injunctions, §10-4-154. Inspection o…
O.C.G.A. § 10-4-16 Inspectors and examiners to be bonded
0.5K chars
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
0.9K chars
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. § 10-4-171 Arbitrating organization of board of trade
0.7K chars
In the event there are two such warehousemen in a municipality and in the event the two cannot agree as to the organization of any such board, or cannot agree as to any matter authorized under this part, it shall be the duty of each, upon notice or request by the other, to appoin…
O.C.G.A. § 10-4-172 Rules and regulations of boards of trade and statewide organization
0.8K chars
(a) Each such tobacco board of trade is authorized to make reasonable rules and regulations not in conflict with the laws of this state and the rules and regulations promulgated under the laws of this state for the economical and efficient handling and sale of leaf tobacco at auct…
O.C.G.A. § 10-4-173 Local and state-wide membership fees
4.6K chars
(a) The tobacco boards of trade in the several municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee which shall not exceed: (1) $50.00 in those municipalities in which less than 3 million pounds of tobacco was so…
O.C.G.A. § 10-4-175 Liability for board’s acts, §10-4-175
0.4K chars
Membership condition for operating warehouse, §10-4-174. Membership fees, §10-4-173. Participation in allocating sale time, §10-4-175. Price fixing or restraint of trade not authorized, §10-4-177. Rules and regulations, §10-4-172. Regulation of leaf tobacco selling unaffected, §10…
O.C.G.A. § 10-4-176 Authorized, §10-4-170
1.2K chars
Categories of membership, §10-4-175. Membership condition for operating warehouse, §10-4-174. Membership fees, §10-4-173. Participation in allocating sale time, §10-4-175. Price fixing or restraint of trade not authorized, §10-4-177. Rules and regulations, §10-4-172. Weighers. Cer…
O.C.G.A. § 10-4-177 STORE GIFT CARDS
0.7K chars
Unfair or deceptive practices in consumer transactions, §10-1-393. SUBPOENAS. Cemeteries. Enforcement proceedings by Secretary of State, §10-14-19. Investigations by Secretary of State, §10-14-15. Commodities and commodity contracts or futures. Investigation, §10-5A-20. Securitie…
O.C.G.A. § 10-4-18 Short title
2.7K chars
Definitions. State warehouse section established; supervisor of section. Exemptions from article; warehousemen electing to be covered. Powers and duties of Commissioner; annual reports; adoption of rules and regulations. Procedure for adopting or changing rules and regulations; ad…
O.C.G.A. § 10-4-190 Short title
2.4K chars
This article shall be known and may be cited as the “Convenience Warehouse Act of 1975.” History. Ga. L. 1975, p. 1156, § 1. 692 10-4-192 10-4-191. Definitions; exemption of state licensed or bonded warehouses. (a) As used in this article, the term: (1) “Convenience warehouse” mea…