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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

115 sections·Filtered byTitle 2✕Ch 8✕

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.
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. § 2-8-5 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. § 2-8-10 Nonapplicability of article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, Agricultural Commodity Commission for Georgia Grown Products; or Agricultur
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This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this article apply to the Agricultural Commodity Commission for Equines provided for in Article 5 of t…

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. § 2-8-13 Commissions previously established are ratified and governed by chapter; contributions deemed voluntary; balloting to determine continued existence

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(a)(1) Each of the following commissions heretofore established pursuant to the ‘‘Georgia Agricultural Commodities Promotion Act,’’ (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and …

O.C.G.A. § 2-8-14 Composition; appointments, terms of office, and compensation; certification; advisory boards, special committees, and personnel; legal representation; acceptance of donations; voting; termination

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(a) Each commission shall be composed of: (1) The Commissioner of Agriculture, or his or her designee, except as to the Agricultural Commodity Commission for Peanuts as created by Article 3 of this chapter, ex officio; (2) The president of the Georgia Farm Bureau Federation, ex o…

O.C.G.A. § 2-8-15 Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State

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Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and comp…

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. History. — Ga. L. 1961, p. 301, § 26; Ga. L. 1969, p. 763, § 27; Code 1981, 2…

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. § 2-8-20 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. § 2-8-21 Issuance of marketing orders authorized; notice; public hearing; record; reports from handlers; compilation of lists of producers and handlers; use of information in reports

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(a) The Commissioner, upon the approval and request of a commission governed by this article, is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of agricultural commodities within this state. (b)(1) Whe…

O.C.G.A. § 2-8-22 Recommendation of marketing orders or amendments by commission; authorized provisions

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(a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-21 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the is…

O.C.G.A. § 2-8-23 Approval by producers prerequisite to issuance of marketing order or major amendment; notice; rules and regulations; expiration; extensions; referendum

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(a)(1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the commission or the Commissioner until the finding of one or more of the following: (A) That such marketing orde…

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. § 2-8-25 Seasonal marketing regulations authorized; notice of issuance; liberal interpretation of Code section

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(a) The Commissioner, upon recommendation of the commission concerned, and each commission, without prior notice to and public hearing for the producers or handlers of the commodity directly affected, may issue and make effective seasonal marketing regulations or modifications th…

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. § 2-8-27 Assessments to defray expenses; borrowing in anticipation of collections; use and repayment of contributions in lieu of advance deposits; collection and enforcement of assessments generally; dispositi

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(a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the …

O.C.G.A. § 2-8-28 Collection of assessments by civil action; penalty for delinquent payment

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(a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the Commissioner or the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the C…

O.C.G.A. § 2-8-29 Maintenance and inspection of books and records and provision of information; confidentiality of information; hearings, testimony, and subpoenas

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(a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: (1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the Commissioner or…

O.C.G.A. § 2-8-30 Use of grade or quality designations by persons not complying with order or regulations prohibited

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Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent u…

O.C.G.A. § 2-8-31 Inspections; holding of commodity; warning notice; notice of noncompliance; time for correction of deficiencies; petition to divert or destroy; show cause order; disposition of noncomplying commodity;

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(a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where …

O.C.G.A. § 2-8-32 Civil penalties; notice and hearing; recovery procedure; disposition of proceeds

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Any person who violates any provision of this article or any marketing order duly issued by any commission and in effect under this article or who violates any rule or regulation issued by the Commissioner pursuant to this article or of any marketing order duly issued and effecti…

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. § 2-8-34 Referral for institution of legal proceedings; administrative hearing; cease and desist order

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(a) The Commissioner on his own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the Commissioner or commission and effective under this …

O.C.G.A. § 2-8-35 Furnishing of false report, statement, record, or marketing order; refusal to furnish certain information

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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 engaged in the handling or processing of any…

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. § 2-8-50 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.

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. § 2-8-53 Membership of commission; division of peanut-producing counties into districts; election of members; compensation and expenses; certification of members to Secretary of State

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(a) The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner provided in subsection (b) of this Code section. (b)(1) For the purpose of electing the five members of the Agricultural Commodity Co…

O.C.G.A. § 2-8-54 Authority; legal representation; acceptance and use of donations, gifts, and other property; exercise of powers of corporations; continuation of existence of commission; authority to lease or purchase

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(a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commissio…

O.C.G.A. § 2-8-55 Commission as public corporation; name used in contracts and legal proceedings; chairman; quorum; oath of office; certification of election

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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 name its chairman…

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.

O.C.G.A. § 2-8-57 Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requirements applicable to state funds

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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 the funds of this state but shall not be required to be deposited in the state treasury and appropriate…

O.C.G.A. § 2-8-58 Bond of persons handling funds under article; signing of checks, drafts, and negotiable instruments; election, powers, and duties of treasurer

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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 any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable …

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. § 2-8-60 Authority to confer with and make information available to governmental authorities of this state, other states, and the United States

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The commission is 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 state or other states, and of the United States w…

O.C.G.A. § 2-8-61 Issuance, administration, and enforcement of marketing orders; notice and hearing as to proposed order; information from persons who may be affected by order

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(a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of peanuts within this state. (b)(1) Whenever the commission has reason to believe that the issuance of a marketing order or amendme…

O.C.G.A. § 2-8-62 Recommendation of promulgation of marketing order; permissible provisions of orders; effectiveness of orders heretofore adopted and in effect on July 1, 1989

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(a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-61 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the is…

O.C.G.A. § 2-8-63 Finding of assent or approval of producers required for marketing order to become effective; commission authorized to issue orders regulating peanuts; amendments; notice; rules and regulations; expira

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(a)(1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the commission until the finding of one or more of the following: (A) That such marketing order or amendment there…

O.C.G.A. § 2-8-64 Limiting of application of marketing order to certain marketing areas or portions of state

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Marketing orders issued by the 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. § 2-8-65 Seasonal marketing regulations; legislative findings; interpretation of Code section

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(a) The commission without prior notice to and public hearing for the producers or handlers of the peanuts directly affected, may issue and make effective seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, …

O.C.G.A. § 2-8-66 Applicability of orders regulating minimum quality, condition, size, or maturity

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Whenever producers or handlers of peanuts regulated by a marketing order issued by the 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 order, shall process, …

O.C.G.A. § 2-8-67 Assessments to defray expenses of marketing orders; budgets for administration; authority to borrow money; contributions in lieu of advance deposits; collection of assessments; rules; enforcement of p

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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 each marketing order issued under this article, each such marketing order shall provide for the levying and collecti…