Title 2 — Agriculture
0 chapters · 388 sections in this title.
O.C.G.A. § 2-9-1 Definitions
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As used in this article, the term: (1) ‘‘Agricultural products’’ includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops. (2) ‘‘Dealer in agricultural products’’ means any person, association, itineran…
O.C.G.A. § 2-9-10 Investigations
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(a) Upon the complaint of any interested person or upon his own initiative, the Commissioner shall have the power to investigate: (1) The record of any applicant or licensee; (2) Any transaction involving the solicitation, receipt, sale, or attempted sale of agricultural products…
O.C.G.A. § 2-9-11 Inspections of damaged shipments; certificate
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Whenever produce is shipped to or received by a licensed dealer for handling, purchase, or sale in this state at any market point and the dealer finds the produce to be in a spoiled, damaged, unmarketable, or unsatisfactory condition, unless both parties waive inspection before s…
O.C.G.A. § 2-9-12 Sale or possession of substandard products prohibited
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(a) It shall be unlawful for any dealer in agricultural products to sell, offer for sale, or possess any agricultural product that does not comply with the standards of quality established by the Commissioner under authority of law or with the laws and rules and regulations perta…
O.C.G.A. § 2-9-13 Definitions
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License required. Application for license. Issuance of license. Bond — Required. Bond — Breach of conditions; complaint to Commissioner; hearing and settlement; action on bond; pro rata distribution of insufficient bond proceeds. Denial, suspension, or revocation of license — Gro…
O.C.G.A. § 2-9-14 Injunctions
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In addition to the other remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court, which court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary o…
O.C.G.A. § 2-9-15 Applicability of article
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(a) This article shall not apply to: 454 2-9-30 (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; (2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier’s check, or the equivalent; …
O.C.G.A. § 2-9-16 Penalty
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Any dealer in agricultural products who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor. History. — Ga. L. 1956, p. 617, § 15. ARTICLE 2 GRAIN DEALERS
O.C.G.A. § 2-9-2 License required
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It shall be unlawful for any dealer in agricultural products who comes within the terms of this article to engage in such business in this state without a state license issued by the Commissioner. History. — Ga. L. 1956, p. 617, § 3.
O.C.G.A. § 2-9-3 Application for license
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Every dealer in agricultural products desiring to transact business in this state shall file an application for such license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall…
O.C.G.A. § 2-9-30 Definitions
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As used in this article, the term: (1) ‘‘Grain’’ means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, 455 2-9-31 soybeans, clover, and grain sorghum. The term does not include grain which has been produced or …
O.C.G.A. § 2-9-31 Issuance, renewal, and expiration of license, § 2-9-33
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License required for distribution; product registration; fees; refusal or cancellation of license or registration, § 2-13-6. Editor’s notes. — Ga. L. 2012, p. 257, § 7-1(h)/HB 386, not codified by the General Assembly, provides: ‘‘Tax, penalty, and interest liabilities and refund…
O.C.G.A. § 2-9-32 Application for license
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(a) Every grain dealer desiring to transact business in this state shall file an application for a license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall st…
O.C.G.A. § 2-9-33 Issuance, renewal, and expiration of license
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Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-36, he or she shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-34, a state license entitling the applicant to conduct b…
O.C.G.A. § 2-9-34 Bond — Required
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(a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar yea…
O.C.G.A. § 2-9-36 Denial, suspension, or revocation of license — Grounds
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The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has: (1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied; (2) Made false cha…
O.C.G.A. § 2-9-38 Grain to be weighed by certified public weigher
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All grain purchased from a producer by a dealer licensed under this article shall be weighed by a certified public weigher licensed in accordance with Article 2 of Chapter 2 of Title 10, relating to certified public weighers. History. — Ga. L. 1976, p. 512, § 7; Ga. L. 1992, p. 6…
O.C.G.A. § 2-9-39 Scales
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Each grain dealer under this article must be equipped with or have available to him suitable scales which are in good order and so arranged that all grain can be weighed by the dealer. The scales belonging to or used by such grain dealer shall be subject to examination by represe…
O.C.G.A. § 2-9-4 Issuance of license
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Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5, a state license entitling the applicant to conduct b…
O.C.G.A. § 2-9-40 Consignment records; settlement with producer
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(a) Upon the receipt of grain products on a consignment basis and as he handles and disposes of the grain products, every grain dealer shall make a record thereof and shall preserve such record for at least one year. The record shall specify: (1) The name and address of the produ…
O.C.G.A. § 2-9-41 Investigations
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(a) Upon the complaint of any interested person or upon his own initiative, the Commissioner shall have the power to investigate: (1) The record of any applicant or licensee; (2) Any transaction involving the solicitation, receipt, sale, or attempted sale of grain; (3) The failur…
O.C.G.A. § 2-9-42 Rules and regulations
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The Commissioner shall adopt and enforce rules and regulations deemed necessary to carry out this article. History. — Ga. L. 1976, p. 512, § 14. 2-9-42.1. Publication of names, locations, and manner of payment by licensed grain dealers. The Commissioner may publish in print or el…
O.C.G.A. § 2-9-43 Injunctions
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In addition to the other remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court, which court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary o…
O.C.G.A. § 2-9-44 Applicability of article
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This article shall not apply to: (1) Farmers in the sale of grain grown by themselves; (2) Persons who buy for cash, paying at the time of the purchase in United States currency, certified check, or cashier’s check; or (3) Persons licensed and bonded in accordance with Article 1 …
O.C.G.A. § 2-9-45 Penalty
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Any dealer in grain who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor. History. — Ga. L. 1976, p. 512, § 16. 466 T.2, C.10 MARKETING FACILITIES, ORGANIZATIONS,…
O.C.G.A. § 2-9-5 Bond — Required
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Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate…
O.C.G.A. § 2-9-9 Consignment records; settlement with producer
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(a) Every dealer in agricultural products, upon the receipt of agricultural products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying: (1) The name and address of the producer consigning …
O.C.G.A. § 2-9-9.1 Bale identification numbers on ginned cotton
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Upon ginning cotton into bales, the ginner shall assign each bale a permanent bale identification number. No bale shall be removed from a gin except when accompanied by a cotton bale voucher issued by the gin, containing the permanent bale identification number and issued in the …