Title 2 — Agriculture
0 chapters · 388 sections in this title.
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…
O.C.G.A. § 2-8-77 Construction of penalty and remedy provisions
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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. § 2-8-78 Applicability to retailers of peanuts
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This article shall not be applicable to any retailer of peanuts except to the extent that any retailer also engages in the processing or distribution of peanuts as defined in this article. History. — Code 1981, § 2-8-78, enacted by Ga. L. 1989, p. 1420, § 1. 2-8-79. Applicability…
O.C.G.A. § 2-8-90 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 Georgia grown …
O.C.G.A. § 2-8-91 Authority of Commissioner
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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. History. — Code 1981, § 2-…
O.C.G.A. § 2-8-92 Creation
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There is created the Agricultural Commodity Commission for Georgia Grown Products. History. — Code 1981, § 2-8-92, enacted by Ga. L. 2013, p. 74, § 1/HB 298. 2-8-93. Composition; membership.
O.C.G.A. § 2-8-93 Composition; membership
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(a) The commission shall be composed of: (1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those presen…
O.C.G.A. § 2-8-95 Powers, duties, and authority of commission
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(a) The commission is authorized to accept donations, gifts, grants, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (b) Funds received by the Commissioner under this…
O.C.G.A. § 2-8-96 Immunity from liability
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The members and employees of the commission and the Commissioner shall be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, ‘‘The Georgia Tort Claims Act.’’ History. — Code 1981, § 2-8-96, enacted by …
O.C.G.A. § 2-8-98 Recommendation of promulgation of a marketing order
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If, upon the basis of the record of testimony and evidence received at the hearing provided for in Code Section 2-8-97, the commission determines that the issuance of a marketing order or amendment will tend to effectuate the intent and purpose of this article, it may recommend t…
O.C.G.A. § 2-8A-1 Short title
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This chapter shall be known and may be cited as the ‘‘Emerging Crops Fund Act.’’ History. — Code 1981, § 2-8A-1, enacted by Ga. L. 1990, p. 1696, § 1; Ga. L. 2013, p. 671, § 1/SB 91. 2-8A-2. Purpose of chapter.
O.C.G.A. § 2-8A-2 Purpose of chapter
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The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which are produced commercially and to make available to consumers emerging crops grown in Georgia. History. — Code 1981, § 2-8A-2, enacted by Ga. L. 1…
O.C.G.A. § 2-8A-3 Definitions
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As used in this chapter, the term: (1) ‘‘Emerging crop’’ means a plant or animal crop for which consumers have a demand. (2) ‘‘Farmer’’ means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term sh…
O.C.G.A. § 2-8A-4 Short title
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Purpose of chapter. Definitions. Crops included as emerging crops [Repealed]. Editor’s notes. — This chapter became effective January 1, 1991, by reason of the amendment to Ga. Const. 1983, Art. III, Sec. 2-8A-5. 2-8A-6. 2-8A-7. Fund established.
O.C.G.A. § 2-8A-5 Fund established
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(a) Pursuant to Article III, Section IX, Paragraph VI(j) of the Constitution of Georgia, there is established as a separate fund of the Georgia Development Authority a fund to be known as the ‘‘Emerging Crops Fund,’’ which shall be used to make interest loans on loans made to far…
O.C.G.A. § 2-8A-7 Repayment of interest loan
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Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity, whichever is later. The schedule for repayment of the interest loan shall be a period of time equal to two ti…
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 …