Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-2-15 Standards for grain moisture testing equipment; enforcement and inspections
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It shall be the duty of the Commissioner to adopt standards for moisture testing equipment utilized in determining the moisture content of grain offered for sale in this state. Upon the establishment of such standards, it shall be unlawful for any person to utilize any such equip…
O.C.G.A. § 10-2-16 Permit to operate grain moisture testing equipment
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No person shall operate moisture testing equipment to determine the moisture content of grain offered for sale unless such person shall be trained in the operation thereof and shall have obtained a permit from the Commissioner after submitting proof to the Commissioner of his abi…
O.C.G.A. § 10-2-17 Inspection of scales used in intrastate shipments
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The Commissioner is authorized to inspect scales used for the calculation and determination of fees or charges for the transportation of bulk materials, packages, goods, and commodities in intrastate shipments by rail, parcel services, motor vehicles, motor transport, buses, and …
O.C.G.A. § 10-2-18 Definitions
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Recognized systems of weights and measures. Primary standards of weights and measures; prescribing and verifying secondary standards. Technical requirements for commercial weighing and measuring devices. Powers and duties of Commissioner generally. Power of Commissioner to inspec…
O.C.G.A. § 10-2-2 Recognized systems of weights and measures
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The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized; and either one, or both, of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight…
O.C.G.A. § 10-2-20 Enjoining violations
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The Commissioner or his representative, at the discretion of the Commissioner, is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter. History. Ga. L. 1972, p. 654, § 1; Code 1981, §…
O.C.G.A. § 10-2-21 ARBITRATION
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Lemon law. Arbitration to compel replacement or repurchase of vehicle, §10-1-785. Powers of attorney. Agents. Construction of authority of agents, §10-6B-42. Tobacco warehousemen’s associations. Local boards of trade disputes, §10-4-171. Warehouses.
O.C.G.A. § 10-2-22 Criminal penalty for violations
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Any person, firm, partnership, corporation, society, or association who shall violate this article, relating to weights and measures in general, or any rule or regulation promulgated pursuant to this article, shall be guilty of a misdemeanor. History. Laws 1833, Cobb’s 1851 Digest…
O.C.G.A. § 10-2-23 PAINT, §§10-1-120 to 10-1-127
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Defined, §10-1-120. 1533 INDEX PAINT —Cont’d Labels. Enforcement of article, rules and regulations, §10-1-121. Possession of improperly labeled article. Prima-facie evidence of violation, §10-1-125. Requirements for paint containers, §10-1-122. Sale of deceptively labeled paint, §…
O.C.G.A. § 10-2-41 License required; application; issuance
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(a) Any person who desires to be a certified public weigher in this state shall apply for and obtain a license permit from the Commissioner by filing a formal application as follows: 611 10-2-41 I, , a citizen of the United States, residing at , County of , having familiarized myse…
O.C.G.A. § 10-2-42 Duration of license; fees; cost of seals
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Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $15.00 shall be paid to the Commissioner by each person so licensed at the time application is filed. A fee of $15.00 shall be required for each renewal of…
O.C.G.A. § 10-2-45 Certified public weigher’s official seal
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It shall be the duty of every certified public weigher licensed under this article to obtain through the Department of Agriculture an official seal which shall have inscribed thereon the following words: “Georgia Certified Public Weigher” or such other design or legend as the Commi…
O.C.G.A. § 10-2-46 Issuance of official seals to licensed tobacco warehousemen
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For the weighing of leaf tobacco sold or offered for sale at a licensed tobacco warehouse, an official seal for certification of all weights made at the warehouse may be issued directly to the licensed warehouseman and may be used for all weighings made at the warehouse, provided …
O.C.G.A. § 10-2-47 Return of seal on termination of duties
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In the interest of public welfare, the seal provided for a certified public weigher shall be the property of the State of Georgia and shall be returned to the Commissioner upon termination of the duties as a certified public weigher. History. Ga. L. 1949, p. 1179, § 11.
O.C.G.A. § 10-2-48 Duties of certified public weighers
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It shall be the duty of bonded certified public weighers licensed under this article to issue certificates of weight, measure, count, or recording on forms to be approved by the Commissioner and to comply with this article and the rules and regulations promulgated relating thereto.…
O.C.G.A. § 10-2-49 Use of untested weight, measure, or device prohibited
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It shall be unlawful for any certified public weigher to use any weights, measures, reading, or recording device which has not been tested and approved by the Commissioner or his assistant, deputy, or inspector in accordance with Article 1 of this chapter. History. Ga. L. 1949, p.…
O.C.G.A. § 10-2-5 Powers and duties of Commissioner generally
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The Commissioner shall: (1) Maintain traceability of the State of Georgia’s standards to the National Institute of Standards and Technology; (2) Enforce this chapter; (3) Promulgate, adopt, and issue reasonable rules and regulations for the enforcement of this chapter. Such rules…
O.C.G.A. § 10-2-50 Sales
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Leaf tobacco sales and storage. Carry-over storage and sale, §§10-4-140 to 10-4-155. Generally, §§10-4-100 to 10-4-123. Storage. Leaf tobacco sales and storage. Carry-over storage and sale, §§10-4-140 to 10-4-155. Generally, §§10-4-100 to 10-4-123. Warehousemen’s associations, §§…
O.C.G.A. § 10-2-51 Convenience warehousing, §10-4-193
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Cotton storage. Failure to give notice of lien, §10-4-77. Electric vehicle charging stations. Advertising, §10-1-225. Inspections, resale of electricity or regulation violations, §10-1-228. Inspectors. Conflicts of interest, §10-1-227. Emblems. Benevolent organizations, charities,…
O.C.G.A. § 10-2-53 Revocation of license, §10-2-43
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Commodities and commodity contracts and options. Administrative proceeding, §10-5A-28. Investigations, §10-5A-20. Gasoline marketing practices. Notice of termination prior to expiration, §10-1-237. Liquefied petroleum gas. Sale and storage. Suspension or revocation of license, §10…
O.C.G.A. § 10-2-54 Duration of license, §10-2-42
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Duties, §10-2-48. Fees for license, §10-2-42. Forfeiture of seals, §10-2-54. Hearing on revocation of license, §10-2-43. Hearings on imposition of administrative penalty, §10-2-53. Issuance of certificates of weight, measure and count. Duties, §10-2-48. Issuance of license, §10-2-…
O.C.G.A. § 10-2-6 Powers, §§10-2-5, 10-2-6
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Secondary standards, §10-2-3. Seizure of illegal weights, measures or commodities, §10-2-6. Stop-use or stop-sale, hold and removal orders, §10-2-6. Compressed natural gas. Manner of display of measurements on dispensing devices, §10-2-19. Confiscation. Seizure of illegal weights,…
O.C.G.A. § 10-2-7 Misrepresentation of quantity in selling or buying prohibited
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No person shall sell, offer, or expose for sale less than the quantity he represents nor take any more than the quantity he represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined. 603 History. Ga. L. 1972, p. 654, § 1.
O.C.G.A. § 10-2-8 Quantity in selling or buying, §10-2-7
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Natural gas. Compressed gas dispensing devices, manners of display of measurements, §10-2-19. Obstruction of enforcement of laws dealing with weights and measures, §10-2-14. Orders. Power of commissioner, §10-2-6. WEIGHTS AND MEASURES —Cont’d Packages. Advertisements to state qua…
O.C.G.A. § 10-2-9 Standards
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Primary standards, §10-2-3. Defined, §10-2-1. Secondary standards. Defined, §10-2-1. Prescribing and verifying, §10-2-3. Stop-use or stop-sale orders, §10-2-6. Systems. Recognized systems, §10-2-2. Tags. Removal, §10-2-14. Timber, §10-2-23. Unit price. Required on packages with ran…
O.C.G.A. § 10-3-1 Transfer of secured note carries security
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The transfer of notes secured by a mortgage or otherwise conveys to the transferee the benefit of the security. If more than one note is secured and the mortgagee transfers some and retains others, the holder of the transferred notes has a preference over the mortgagee if the secu…
O.C.G.A. § 10-3-2 Endorser sued with maker, drawer, or acceptor
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In all cases the endorser may be sued in the same action and in the same county with the maker or drawer or acceptor. History. Laws 1826, Cobb’s 1851 Digest, p. 594.; Code 1863, § 2732; Code 1868, § 2740; Code 1873, § 2782; Code 1882, § 2782; Civil Code 1895, § 3691; Civil Code 1…
O.C.G.A. § 10-3-3 Penalty for violations, §10-3-5
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Purchaser takes subject to equities, §10-3-4. 1437 INDEX CONSIDERATION —Cont’d Referral sales. Furnishing names of prospective purchasers. Sales contract required to state consideration, §10-1-70. CONSIGNMENT OF ART ACT. Georgia consignment of art act. General provisions, §§10-1-…
O.C.G.A. § 10-3-4 Public agents
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Liability on public contract, §10-6-88. Public contracts. Liability of public agents on, §10-6-88. Purported agents. Right of action against, §10-6-89. Ratification of acts by principal. How act ratified, §10-6-52. No right to ratify in part, §10-6-51. Relation back to agent’s act,…
O.C.G.A. § 10-3-5 Penalty for violation of Code Section 10-3-3
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If any person shall violate Code Section 10-3-3 by selling any of the articles mentioned in that Code section without expressing on the face 628 10-3-6 of notes or contracts or other evidences of debt given for the purchase price the article or thing for which the same was given,…
O.C.G.A. § 10-3-6 Requirement to satisfy definition of issuer
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Notwithstanding any provision of law to the contrary, a bank operating under the authority of any territory of the United States shall satisfy the definition of an issuer provided in Code Section 11-5-102. History. Code 1981, § 10-3-6, enacted by Ga. L. 2018, p. 245, § 3/SB 376. 6…
O.C.G.A. § 10-4-1 State warehouse section
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Established within marketing division of department of agriculture, §10-4-3. Supervisor, §10-4-3. Uniform application of orders, fees, rules and regulations, §10-4-7. United States. Special rates for, §10-4-26. Weighers. Certified public weighers to be provided, §10-4-27. State wa…
O.C.G.A. § 10-4-100 Legislative intent and findings
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(a) It is the intent and purpose of this part to enable producers to have sufficient time to cure, prepare, and market their flue-cured leaf tobacco in a proper and orderly manner. It is found by the General Assembly that the provisions of this part are necessary to the proper mar…
O.C.G.A. § 10-4-102 Rate of sales, §10-4-113
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Records, §10-4-108. Auction tobacco dealers, §10-4-114. Commissioner of agriculture to keep sales records, §10-4-109. 1578 INDEX TOBACCO —Cont’d Leaf tobacco —Cont’d Sales, storage —Cont’d Records —Cont’d Inspection, §10-4-116. Nonauction tobacco dealers, §10-4-115. Publication o…
O.C.G.A. § 10-4-103 Insurance as prerequisite for license
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As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that he has in force a standard fire and extended coverage insurance policy for the full market value of the tobacco in his sales warehouse for …
O.C.G.A. § 10-4-104 Allocating sales opportunities among licensed warehouses
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In the event sales opportunity shall be designated or allocated to this state by any regulatory group or committee, the Commissioner of Agriculture shall be authorized to allocate such sales opportunity among the warehouses operating under license issued under this part in such m…
O.C.G.A. § 10-4-106 Georgia Tobacco Marketing Act of 1995
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(a) This Code section shall be known and may be cited as “The Georgia Tobacco Marketing Act of 1995.” (b) The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit: (1) Reserved; …
O.C.G.A. § 10-4-107 Warehousemen to render itemized statements
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The licensee of each and every warehouse shall render to each seller of tobacco of his warehouse an itemized statement plainly stating the amount charged for weighing and handling, the amounts charged for auction fees, and the amounts charged for commission on each sale. History.…
O.C.G.A. § 10-4-107.1 Requirements of tobacco contracts
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(a) As used in this Code section, the term “tobacco contract” means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction. (b) No tobacco contract…
O.C.G.A. § 10-4-108 Records and reports by warehousemen
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Each licensee shall keep a correct daily account of the number of pounds of leaf tobacco sold upon the floor of his warehouse. On or before Monday of each week, the licensee shall make a statement under oath of all of the tobacco sold upon the floor of his warehouse during the prec…
O.C.G.A. § 10-4-109 Reports, §10-4-108
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Auction tobacco dealers, §10-4-114. Nonauction tobacco dealers, §10-4-115. Rules and regulations.
O.C.G.A. § 10-4-11 Renewal, §10-4-10
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Required, §10-4-10. WAREHOUSES —Cont’d State licensed and bonded warehouses —Cont’d Licenses —Cont’d Suspension or revocation for violation, §10-4-30. Suspension pending investigation or correction of violation, §10-4-29. Liquidation proceedings.
O.C.G.A. § 10-4-112 Limitations on sales hours and days of warehouses
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(a) The operating day of each flue-cured leaf tobacco warehouse shall not exceed the number of hours required to handle and sell adequately and efficiently the number of pounds or piles of tobacco allowed to be sold each day. (b) The operating week of such warehouse shall be limit…
O.C.G.A. § 10-4-113 Maximum rate of sales
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The maximum rate of sales at any flue-cured leaf tobacco warehouse shall not exceed 500 baskets during any one hour, nor shall the rate of sales during any one day or week exceed 500 baskets per hour. History. Ga. L. 1960, p. 214, § 12; Ga. L. 1969, p. 941, § 1. 10-4-114. Auction …
O.C.G.A. § 10-4-115 Warehouses
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State licensed and bonded warehouses. Annual report, §10-4-5. Inspection reports as evidence, §10-4-15. State warehouse commissioner, §10-4-58. REPOSSESSION.
O.C.G.A. § 10-4-116 Inspection of premises and records
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The Commissioner of Agriculture, himself or through his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner in suc…
O.C.G.A. § 10-4-117 Certified public weighers to be provided by licensees
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It shall be the duty of each licensee to provide a certified public weigher for the weighing of tobacco upon his premises; and it shall be unlawful for any person to weigh tobacco for sale who is not a certified public weigher. History. Ga. L. 1960, p. 214, § 18.
O.C.G.A. § 10-4-117.1 Correction of violations
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Suspension or revocation of license or registration pending, §10-4-119. 1577 INDEX TOBACCO —Cont’d Leaf tobacco —Cont’d Sales, storage —Cont’d Days of warehouses. Limitations, §10-4-112. Detention of tobacco, §10-4-117.1. Early sales. Revocation of license, §10-4-111. Enforcement…
O.C.G.A. § 10-4-119 Suspension, §10-4-105
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Notice and hearing, §10-4-118. Pending investigation and correction of violation, §10-4-119. Limitation on sales hours and days of warehouses, §10-4-112. Maximum charges for handling and selling, §10-4-106. Itemized statements, §10-4-107. Maximum rate of sales, §10-4-113. Nonauct…
O.C.G.A. § 10-4-12 Bond required; additional bond
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(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure th…