Title 2 — Agriculture
0 chapters · 388 sections in this title.
O.C.G.A. § 2-8-1 Short title
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This chapter may be cited as the ‘‘Georgia Agricultural Commodities Promotion Act.’’ History. — Ga. L. 1961, p. 301, § 2; Ga. L. 1969, p. 763, § 3; Ga. L. 1989, p. 1420, § 1. 2-8-2. Intent and purpose of chapter.
O.C.G.A. § 2-8-100 Levying and collection of assessments
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(a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of any marketing order which authorizes the carrying out of advertising and sales promotion plans, such order shall pro…
O.C.G.A. § 2-8-101 Limitations on application of marketing orders
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Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of this state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all per…
O.C.G.A. § 2-8-102 Deposit and disbursement of funds; investment
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(a) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commis…
O.C.G.A. § 2-8-103 Duties of Attorney General
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(a) The Attorney General of this state shall represent the commission in legal matters and shall be the attorney for the commission. (b) The Attorney General shall, upon complaint by the commission, bring an action in the superior court in the name of the commission for civil pen…
O.C.G.A. § 2-8-104 Violations
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Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor. History. — Code 1981, § 2-8-104, enacted by Ga. L. 2013, p. 74, § 1/HB 298. 2-8-105. Rules and regulati…
O.C.G.A. § 2-8-105 Definitions
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Authority of Commissioner. Creation. Composition; membership. Public corporation and instrumentality of the State of Georgia. Powers, duties, and authority of commission. Immunity from liability. Authority of Commissioner to issue, administer, and enforce provisions of marketing …
O.C.G.A. § 2-8-11 Definitions
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As used in this article, the term: (1) ‘‘Advertising and sales promotion’’ means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of agricultural c…
O.C.G.A. § 2-8-12 Commissioner to administer and enforce article
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The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department. History. — Ga. L. 1961, p. 301, § 4; Ga.…
O.C.G.A. § 2-8-120 Applicability
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This article shall apply only to the Agricultural Commodity Commission for Equines. History. — Code 1981, § 2-8-120, enacted by Ga. L. 2006, p. 632, § 2/SB 380.
O.C.G.A. § 2-8-121 Definitions
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As used in this article, the term: (1) ‘‘Advertising and sales promotion’’ means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to mar…
O.C.G.A. § 2-8-122 Commissioner’s authority
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The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department. 420 2-8-124 History. — Cod…
O.C.G.A. § 2-8-123 Commission created
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There is created the Agricultural Commodity Commission for Equines. History. — Code 1981, § 2-8-123, enacted by Ga. L. 2006, p. 632, § 2/SB 380. 2-8-124. Commission membership; nomination and election of commission members. (a) The commission shall be composed of: (1) The Commiss…
O.C.G.A. § 2-8-126 Receipt, collection, and disbursement of funds
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The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission.…
O.C.G.A. § 2-8-128 Persons handling funds to be bonded
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Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands. History. — Code 1981, § 2-8-128, enacted by Ga. L. 2006, p. 632, § 2/S…
O.C.G.A. § 2-8-131 Issuance, administration, and enforcement of marketing orders; hearing
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(a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders. (b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing ma…
O.C.G.A. § 2-8-134 Limited application of marketing orders
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Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all pers…
O.C.G.A. § 2-8-16 Funds of commissions — Receipt, collection, and disbursement
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The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this article. He shall disburse funds of any entity created under this article only upon the written authorization of the affected…
O.C.G.A. § 2-8-17 Funds of commissions — Treatment as trust funds
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Funds received by the Commissioner under this article shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and …
O.C.G.A. § 2-8-18 Bonds of persons handling funds
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Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands. 355 History. — Ga. L. 1961, p. 301, § 26; Ga. L. 1969, p. 763, § 27; Code 198…
O.C.G.A. § 2-8-19 Liability of commission members and employees
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The members and employees of any commission governed by this article and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other a…
O.C.G.A. § 2-8-2 Intent and purpose of chapter
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It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of agricultural products. The provi…
O.C.G.A. § 2-8-20 Cooperation with state and federal governmental authorities
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The Commissioner and any commission governed by this article are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this st…
O.C.G.A. § 2-8-200 Definitions
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As used in this article, the term: (1) ‘‘Commission’’ means the Agricultural Commodity Commission for Propane created under this article. 430 2-8-202 (2) ‘‘Dealer’’ means any person to whom the office of the Commissioner of Insurance issues a liquid propane license. The term shal…
O.C.G.A. § 2-8-201 Creation
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The Agricultural Commodity Commission for Propane is hereby created. The commission shall be organized and constituted, have corporate existence, possess powers and duties, and be governed and controlled as provided in this article. History. — Code 1981, § 2-8-201, enacted by Ga.…
O.C.G.A. § 2-8-204 Status of commission; oath of office
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The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall assume the duties…
O.C.G.A. § 2-8-205 Funding obligations
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The commission is authorized, and it shall be its duty to receive, collect, and disburse the funds of the commission. History. — Code 1981, § 2-8-205, enacted by Ga. L. 2019, p. 91, § 1/HB 512. 2-8-206. Funds held in trust; accounting.
O.C.G.A. § 2-8-206 Funds held in trust; accounting
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Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as that of the funds of this state but shall not be required to be deposited in the state treasury and app…
O.C.G.A. § 2-8-207 Bonding requirements for those handling finances
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Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of such funds. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the commissio…
O.C.G.A. § 2-8-208 No individual liability
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The members and employees of the commission shall not be held individually responsible to any dealer or distributor or to any other person for errors in judgment, mistakes, or other acts as principal, agent, person, or employee, except for their own individual acts of dishonesty …
O.C.G.A. § 2-8-209 Marketing orders; public hearings
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(a) The commission is authorized to issue, administer, and enforce marketing orders. (b)(1) Whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to propane, it shall give due …
O.C.G.A. § 2-8-212 Opt out by dealers
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A dealer can opt out of this article only once per year between September 1 and September 30. Any dealer who opts out of this article in accordance with this Code section shall not be eligible to receive the benefit of any marketing order for a period of one year following the da…
O.C.G.A. § 2-8-213 Referendum vote on continuation of commission
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A referendum shall be held once every five years to vote on the continuation of the commission. For the results to be valid, at least 50 percent of the eligible dealers in this state must vote, and if more than 50 percent of the dealers voting vote in favor of continuing the comm…
O.C.G.A. § 2-8-215 Civil penalty for violations
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Any person who violates any provision of this article or any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to…
O.C.G.A. § 2-8-218 Falsification of reports, statements, or records; penalty
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(a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any person who violates any provision of this article o…
O.C.G.A. § 2-8-219 Regulatory authority
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The department shall promulgate rules for the administration and enforcement of this article. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedur…
O.C.G.A. § 2-8-23.1 Limitations on assessments
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(a) No marketing order issued by the Agricultural Commodity Commission for Beef shall impose an assessment in excess of $1.00 per head on bovine animals sold, nor shall any assessment be placed on any bovine animal which sells for less than $100.00. (b) The Agricultural Commodity…
O.C.G.A. § 2-8-24 Area marketing orders authorized
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Marketing orders issued by any commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless i…
O.C.G.A. § 2-8-26 Applicability of marketing orders
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Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any commission pursuant to this article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such orde…
O.C.G.A. § 2-8-33 Action for civil penalty or injunctive relief; costs
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(a) The Attorney General of this state shall, upon complaint by the Commissioner, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the Commissioner for civ…
O.C.G.A. § 2-8-36 Criminal penalty
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Any person who violates any provision of this article or any provision of any marketing order duly issued by any commission under this article shall be guilty of a misdemeanor. History. — Ga. L. 1961, p. 301, §§ 18, 25; Ga. L. 1968, p. 398, § 12; Ga. L. 1969, p. 763, §§ 19, 26; C…
O.C.G.A. § 2-8-37 Penalties and remedies concurrent, alternative, and cumulative
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The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be c…
O.C.G.A. § 2-8-38 Applicability of article to retailers
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This article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this article. History. — Ga. L. 1961, p. 301, § 24; Ga. L. 1969, p. 763…
O.C.G.A. § 2-8-5 Definitions
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(a) As used in this Code section, the term: (1) ‘‘Agricultural commodities’’ means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by…
O.C.G.A. § 2-8-50 Applicability of article
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This article shall apply only to the Agricultural Commodity Commission for Peanuts. History. — Code 1981, § 2-8-50, enacted by Ga. L. 1989, p. 1420, § 1. 2-8-51. Definitions.
O.C.G.A. § 2-8-51 Definitions
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As used in this article, the term: (1) ‘‘Advertising and sales promotion’’ means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of peanuts to mar…
O.C.G.A. § 2-8-56 Receipt, collection, and disbursal of funds
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The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission. History. — Code 1981, § 2-8-56, enacted by Ga. L. 1989, p. 1420, § 1. 2-8-57. Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requ…
O.C.G.A. § 2-8-59 Liability of commission members
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The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as prin…
O.C.G.A. § 2-8-62 Applicability of article
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Definitions. Commission continued in existence; powers and duties; continuation of certain rules, regulations, and orders; periodic determination as to continuation of commission. Membership of commission; division of peanut-producing counties into districts; election of members;…
O.C.G.A. § 2-8-76 Criminal penalty
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Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor. History. — Code 1981, § 2-8-76, enacted by Ga. L. 1989, p. 1420, § 1. 2-8-77. Construction of penalty a…