Title 2 — Agriculture
0 chapters · 388 sections in this title.
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 …
O.C.G.A. § 2-10-100 Short title
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467 Definitions. When associations deemed nonprofit. Persons who may form cooperative association. Filing of articles of incorporation; contents; subscription; verification; further proceedings. Amendment of charter. Adoption of bylaws; authorized provisions. Directors to manage …
O.C.G.A. § 2-10-103 Engaging in business for nonmembers
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During any fiscal year, a cooperative association organized under this article may handle agricultural products of and engage in other business for nonmembers in value equal to but not greater than that for members. History. — Ga. L. 1939, p. 350, § 4; Code 1933, § 65-230, enacte…
O.C.G.A. § 2-10-104 Annual reports
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Each association formed under this article shall prepare an annual report, on forms furnished by the Secretary of State, indicating the name of the association, its principal place of business, and a general statement of its business operations during the fiscal year. If the asso…
O.C.G.A. § 2-10-105 License fee; tax exemption
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Each association organized under this article shall pay an annual license fee of $10.00 but shall be exempt from all franchise or license taxes. History. — Ga. L. 1921, p. 139, § 26; Code 1933, § 65-225.
O.C.G.A. § 2-10-106 Distribution of excess income, reserves, or surpluses
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Net income of a cooperative association organized under this article, in excess of additions to reserves, surpluses, and other authorized deductions, may be distributed to members and to nonmember patrons on the basis of patronage. Any distribution of reserves or surpluses at any…
O.C.G.A. § 2-10-108 Applicability of nonprofit corporation laws
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The general corporation laws of this state applicable to nonprofit corporations, as amended from time to time, and all powers and rights thereunder shall apply to the associations organized under this article, 502 2-10-108 MARKETING FACILITIES, ORGANIZATIONS, ETC. 2-10-110 except…
O.C.G.A. § 2-10-109 Applicability of other laws
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No provisions of law which are in conflict with this article shall be construed as applying to the associations provided for in this article. History. — Ga. L. 1921, p. 139, § 18; Code 1933, § 65-223.
O.C.G.A. § 2-10-111 Use of word ‘‘cooperative’’ in business name
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No person, firm, corporation, or association organized or doing business in this state as a cooperative association to market agricultural products shall be entitled to use the word ‘‘cooperative’’ as part of its corporate or other business name or title unless it has complied wi…
O.C.G.A. § 2-10-50 Short title
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This article shall be known as the ‘‘Georgia Marketing Act of 1981.’’ History. — Ga. L. 1981, p. 1354, § 1. 2-10-51. Purpose of article.
O.C.G.A. § 2-10-51 Purpose of article
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This article is intended to promote the handling, packing, transporting, storage, distribution, inspection, and sale of agricultural products and to assist producers and consumers in selling and purchasing such products under fair conditions. It is the further intent and purpose …
O.C.G.A. § 2-10-52 Definitions
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As used in this article, the term: (1) ‘‘Agricultural products’’ means fruits, vegetables, pecans, nuts, eggs, dairy products, forestry and horticultural products, fish, seafood, meat, poultry, and other such products of farm, field, and water, whether fresh, frozen, canned, or o…
O.C.G.A. § 2-10-53 Powers and duties of Commissioner generally
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The Commissioner of Agriculture is charged with the duty of establishing, operating, and maintaining farmers’ markets and is charged with the responsibility of enforcing this article. In addition to any other powers conferred on him by this article, he may: (1) Investigate method…
O.C.G.A. § 2-10-56 Promulgation of rules and regulations by Commissioner
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The Commissioner is authorized to promulgate such rules and regulations as in his judgment may be necessary to conduct and operate farmers’ markets properly and to implement this article. Such rules and regulations may include, but are not limited to, rules and regulations to: (1…
O.C.G.A. § 2-10-61 Rules and regulations to continue in effect
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To the extent consistent with this article, the Georgia Department of Agriculture Rules and Regulations for State Farmers’ Markets, Chapters 40-9-1 through 40-9-11 of the Secretary of State’s Official Compilation of Rules and Regulations for the State of Georgia, adopted or promu…
O.C.G.A. § 2-10-62 Prohibited acts; penalty
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(a) It shall be unlawful for any person on a farmers’ market to: (1) Engage in deceptive or dishonest trade practices; (2) Do any act or use any language insulting to another tenant or customer; intimidate a shopper into purchasing his or her products; attempt to fix the price of…
O.C.G.A. § 2-10-80 Short title
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This article may be cited as the ‘‘Cooperative Marketing Act.’’ History. — Ga. L. 1921, p. 139, § 1; Code 1933, § 65-201. 2-10-81. Definitions.
O.C.G.A. § 2-10-81 Definitions
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As used in this article, the term: (1) ‘‘Agricultural products’’ means: (A) Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and (B) Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, …
O.C.G.A. § 2-10-82 When associations deemed nonprofit
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Associations organized under this article shall be deemed to be nonprofit since they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers. History. — Ga. L. 1921, p. 139, § 1; Code 1933, § 65-201.
O.C.G.A. § 2-10-83 Persons who may form cooperative association
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Five or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under this article. History. — Ga. L. 1921, p. 139, § 2; Code 1933, § 65-202.
O.C.G.A. § 2-10-85 Amendment of charter
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Amendments of the charter may be authorized at any regular meeting of the stockholders or members or at any special meeting called for that purpose. An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of a quorum o…
O.C.G.A. § 2-10-86 Adoption of bylaws; authorized provisions
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(a) Each association incorporated under this article, within 30 days after its incorporation, shall adopt for its government and management a code of bylaws not inconsistent with the powers granted by this article. A majority vote of a quorum of the members or stockholders attend…
O.C.G.A. § 2-10-88 Election of officers
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(a) The directors shall elect from their number a president and one or more vice-presidents. They shall also elect a secretary and a treasurer, who need not be directors. They may combine the two latter offices and designate the combined office as secretary-treasurer. The treasur…
O.C.G.A. § 2-10-89 Removal of officers or directors
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(a) Any member may bring charges against an officer or director by filing such charges in writing with the secretary of the association together with a petition signed by 10 percent of the members requesting the removal of the officer or director in question. The removal shall be…
O.C.G.A. § 2-10-90 Eligibility as members or stockholders
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Under the terms and conditions prescribed in its bylaws, an association may admit as members or issue common stock only to persons, associations, or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the asso…
O.C.G.A. § 2-10-92 Regular meetings; special meetings generally; notice
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(a) In its bylaws each association shall provide for one or more regular meetings annually. (b) The board of directors shall have the right to call a special meeting at any time. (c) Ten percent of the members or stockholders may file a petition stating the specific business to b…
O.C.G.A. § 2-10-93 Referral of matters to entire membership; special meetings
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Upon demand of one-third of the entire board of directors, any matter that has been approved or passed by the board shall be referred to the entire membership or the stockholders for decision at the next special or regular meeting, provided that a special meeting may be called fo…
O.C.G.A. § 2-10-94 Powers of associations generally
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Each association incorporated under this article shall have the following powers: (1) To engage in any activity in connection with: (A) The marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping, ginning, or utilizing of any …
O.C.G.A. § 2-10-95 Duration of associations
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Each association incorporated and organized after April 3, 1978, pursuant to this article shall have perpetual duration unless a limited period of duration is provided for and stated in its charter or articles of incorporation or in an amendment thereto. Each association incorpor…
O.C.G.A. § 2-10-96 Use of preferred stock to purchase property interest
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Whenever an association organized under this article with preferred capital stock desires to purchase the stock of any person, firm, corporation, or association or any property or property interest thereof, it may make the purchase, in whole or in part, by exchanging for the acqu…
O.C.G.A. § 2-10-97 Transfer of common stock
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Common stock of cooperative associations organized under this article may only be transferred to other such associations and to individuals, firms, partnerships, and other associations and corporations engaged in the production of agricultural products. Such restrictions must be …
O.C.G.A. § 2-10-98 Joining with other nonprofit cooperative associations
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A cooperative association organized under this article may join with other such associations or with individuals, firms, partnerships, or other associations or corporations engaged in the production of agricultural products to form a nonprofit cooperative association, with or wit…
O.C.G.A. § 2-11-20 Short title
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This article may be cited as the ‘‘Georgia Seed Law.’’ History. — Ga. L. 1941, p. 497, § 10; Ga. L. 1956, p. 217, § 1; Ga. L. 1996, p. 1151, § 1. 2-11-21. Definitions.
O.C.G.A. § 2-11-21 Definitions
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As used in this article, the term: (1) ‘‘Advertisement’’ means all representations, other than those on the label, disseminated in any manner or by any means, relating to any seed within the scope of this article. (2) ‘‘Agricultural seed’’ means the seeds of grass, forage, cereal…