Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-202 Misbranded antifreeze
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An antifreeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; or (2) If in package form it does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of quan…
O.C.G.A. § 10-1-203 Stop-sale orders, §10-1-204
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Violations of part or rules and regulations, §10-1-211. Enjoining violations, §10-1-210. APPEALS. Buying clubs or services. Imposition of civil penalty, §10-1-604. Cemeteries. Orders of Secretary of State. Administrative appeal, §10-14-23. Judicial appeal, §10-14-22. Certified pub…
O.C.G.A. § 10-1-204 Enforcement; right of inspection; “stop-sale” orders
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It shall be the duty of the Commissioner of Agriculture to administer and enforce this part by inspections, chemical analysis, or any other appropriate methods and to utilize any employee of the Department of Agriculture in the performance of his duties under this part. All quant…
O.C.G.A. § 10-1-205 Seizure and condemnation of noncomplying antifreeze
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Any antifreeze not in compliance with this part shall be subject to seizure upon complaint of the Commissioner of Agriculture or his inspectors or representatives to the superior court in the county in which said antifreeze is located. In the event the superior court finds said an…
O.C.G.A. § 10-1-206 Bitter safety additive
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Denatonium benzoate, §10-1-202.1. Commissioner of agriculture. Administration and enforcement of part, §10-1-204. Enjoining violations, §10-1-210. Issuance of license or permit for sales, §10-1-203. List of inspected and licensed brands, §10-1-206. Promulgation of rules and regul…
O.C.G.A. § 10-1-207 Definitions, §10-1-200
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Denatonium benzoate. Bitter safety additive, §10-1-202.1. Enforcement of part, §10-1-204. Fees. License or inspection fees, §10-1-203. Injunctions. Violations of part or rules and regulations, §10-1-210. 1413 INDEX ANTIFREEZE —Cont’d Inspection of samples, §10-1-203. Right of ins…
O.C.G.A. § 10-1-209 Rules and regulations
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The Commissioner of Agriculture shall be authorized to promulgate rules and regulations to implement this part and to accomplish its purpose. History. Ga. L. 1975, p. 706, § 10. 10-1-210. Enjoining violations.
O.C.G.A. § 10-1-21 Definitions
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As used in this article, unless the context otherwise requires, the term: (1) “Business days” means any calendar day except Saturdays, Sundays, and any federal holiday. (2)(A) “Door-to-door sale” means a sale, lease, or rental of goods or services: (i) Solicited in person by the …
O.C.G.A. § 10-1-210 Enjoining violations
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In addition to the remedies provided in this part and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court in the appropriate county; and…
O.C.G.A. § 10-1-211 Definitions
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Adulterated antifreeze. Misbranded antifreeze. Addition of denatonium benzoate to certain antifreeze; applicability; limitation on civil liability and criminal responsibility. Inspection of antifreeze samples; annual license to sell. Enforcement; right of inspection; “stop-sale” …
O.C.G.A. § 10-1-22 RECEIVERS
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Accounts. Required to keep, §10-6-30. Commodities and commodity contracts and options. Appointment if chapter, rule or order violated, §§10-5A-21, 10-5A-22. Heavy equipment multiline dealers. Receivership. Good cause for immediate termination, amendment, etc., of agreements witho…
O.C.G.A. § 10-1-220 Commodities, §10-5A-1
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Commodity contract, §10-5A-1. Commodity exchange act, §10-5A-1. Commodity futures trading commission, §10-5A-1. Commodity futures trading commission rule, §10-5A-1. Commodity merchant, §10-5A-1. Commodity option, §10-5A-1. Common business enterprise. Cemetery and funeral services…
O.C.G.A. § 10-1-221 Exemptions from taxation
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Geo. L. Smith II Georgia World Congress Center, §10-9-10. Revenue bonds, §10-9-43. Geo. L. Smith II Georgia World Congress Center. Exemption, §10-9-10. Revenue bonds, §10-9-43. Powers of attorney. Specification of authority of agents, §10-6B-55. 1555 INDEX REVOLVING ACCOUNTS. Reta…
O.C.G.A. § 10-1-224 Seal for compliant stations, §10-1-224
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Providers. Definition of electric vehicle charging provider, §10-1-220. 1475 INDEX ELECTRIC VEHICLE CHARGING STATIONS —Cont’d Providers —Cont’d Measuring and displaying amount of electricity delivered. Condemnation of inaccurate devices, §10-1-224. Registration, §10-1-222.
O.C.G.A. § 10-1-225 CASKS
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Labeling gasoline and kerosene containers, §10-1-152. CATALOG SALES. Retail installment contracts negotiated and entered into by mail or telephone, §10-1-5. CATALOGUES. Limited edition art reproductions. Advertising and sale of multiples, §10-1-431. Motor vehicle franchises.
O.C.G.A. § 10-1-226 ELECTRIC VEHICLES
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Chargers. Electric vehicle charging stations, trade practices, §§10-1-220 to 10-1-228. Direct sales by manufacturer of zero emission vehicles, §10-1-664.1. ELECTRONIC FILING. Electronic transactions generally, §§10-12-1 to 10-12-20. ELECTRONIC RECORDS AND SIGNATURES. Electronic t…
O.C.G.A. § 10-1-228 Definitions, §10-1-220
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Fines or civil penalty for violations, §10-1-226. Forfeitures.
O.C.G.A. § 10-1-23 Notice of cancellation; form
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(a) The seller in a door-to-door sale shall provide to each buyer, at the time the buyer signs the door-to-door sales contract or otherwise agrees to buy goods or services from the seller, a notice of cancellation form meeting the requirements of subsection (b) of this Code secti…
O.C.G.A. § 10-1-230 Short title
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This article shall be known and may be cited as the “Gasoline Marketing Practices Act.” History. Ga. L. 1973, p. 438, § 1. 115 10-1-232 10-1-231. Legislative findings.
O.C.G.A. § 10-1-231 Legislative findings
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The General Assembly finds and declares that the distribution and sales through marketing agreements of gasoline in the State of Georgia vitally affects the general economy of the state, the public interest, and public welfare and that it is necessary, therefore, in the public int…
O.C.G.A. § 10-1-232 Definitions
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As used in this article, the term: (1) “Automotive gasoline” or “gasoline” means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. (2) “Automotive gasoline dealer” or “gasoline dealer” means any person or firm engaged primarily in the ret…
O.C.G.A. § 10-1-233 Acts of distributor violating article
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It shall be a violation of this article for any gasoline distributor who has a marketing agreement with a gasoline dealer, directly or indirectly, through any officer, agent, or employee, to commit any of the following acts: (1) To terminate or cancel such marketing agreement wit…
O.C.G.A. § 10-1-237 Early termination of lease; hold over; hearing; vacating premises
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Upon receipt of notice to cancel or terminate an existing lease prior to expiration date, it shall be the duty of the dealer to notify the distributor within 30 days thereof of his intention to hold over and to set forth in writing to the distributor his reasons and justifications…
O.C.G.A. § 10-1-239 Limitation of actions
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No action shall be brought under Code Section 10-1-235 or Code Section 10-1-238 unless commenced within two years after the cause of action shall have accrued. History. Ga. L. 1973, p. 438, § 12.
O.C.G.A. § 10-1-240 Blenders
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Defined, §10-1-232. Suppliers not to inhibit distributors from being, §10-1-234.1. 1486 INDEX GASOLINE —Cont’d Marketing practices —Cont’d Breach of agreement. Action by distributor, §10-1-238. Cancellation of agreements. Proceedings upon notice prior to expiration, §10-1-237. Wit…
O.C.G.A. § 10-1-241 Sale of real property not affected
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This article is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner may at any time enter into a contract for the bona fide sale of his property. History. Ga. L. 1973, p. 438, § 10. ARTICLE 9A B…
O.C.G.A. § 10-1-25 Fair business practices act of 1975
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Notice that act or practice in violation of part, §10-1-392. Farm tractor warranty act. Enforcement of obligation for nonconforming farm tractor, §10-1-814. Warranty supplied by manufacturer and presented by dealer to consumer, §10-1-812. Financial protections for elderly and dis…
O.C.G.A. § 10-1-250 Short title
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This article shall be known and may be cited as the “Below Cost Sales Act.” History. Code 1981, § 10-1-250, enacted by Ga. L. 1985, p. 458, § 1; Ga. L. 2017, p. 774, § 10/HB 323. 10-1-251. Definitions.
O.C.G.A. § 10-1-251 Definitions
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As used in this article, the term: (1) “Person” means an individual, partnership, association, corporation, joint-stock company, or business trust. (2) “Product” means octane or cetane rated fuels for use in the propulsion of motor vehicles. (3) “Purchase” includes any acceptance…
O.C.G.A. § 10-1-252 Reasonable transfer price
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For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the price that such related entity contemporaneously charges unrelated persons at the same level of distribution and in the same geographic are…
O.C.G.A. § 10-1-253 Computation of cost
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For the purposes of this article, “cost” shall be computed as follows: (1)(A) When product is purchased by a person from an independent entity, the lowest invoice cost to the person from the independent entity for product of like grade and quality within 15 days prior to the date…
O.C.G.A. § 10-1-254 Competition
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Lessening, injuring, destroying or preventing, §10-1-254. Declaration of legislative intent in construing section, §10-1-256. Computation of costs, §10-1-253. Construction of section prohibiting certain acts, §10-1-256. Cost computation, §10-1-253. Definitions, §10-1-251. Discount…
O.C.G.A. § 10-1-255 Below cost sales act
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Short title, §10-1-250. Burden of rebutting prima-facie case, §10-1-254. Competition.
O.C.G.A. § 10-1-256 Short title
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Definitions. Reasonable transfer price. Computation of cost. Prohibited acts in sale of octane or cetane fuels; burden of rebutting prima-facie case. Civil actions; effect of written tender of settlement; limitation of actions. Legislative intent in construction of Code Section 10…
O.C.G.A. § 10-1-26 Buyers’ continuing rights under other statutory provisions
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The rights of buyers in a door-to-door sale shall be not limited to those provided for in this article. Buyers in a door-to-door sale shall also have all applicable rights and remedies afforded under any other state or federal laws. History. Code 1981, § 10-1-26, enacted by Ga. L…
O.C.G.A. § 10-1-260 Short title
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This article shall be known and may be cited as the “Liquefied Petroleum Safety Act of Georgia.” History. Ga. L. 1949, p. 1128, § 1; Ga. L. 1992, p. 2134, § 2; Ga. L. 2017, p. 774, § 10/HB 323. 10-1-261. Legislative finding.
O.C.G.A. § 10-1-261 Legislative finding
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The General Assembly of Georgia finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. History. Ga. L. 1949, p. 1128, § 10; Ga. L. 1992, p. 2134, § 2. 10-1-262. “Liquefied petroleum gas” defined. As used…
O.C.G.A. § 10-1-263 Legislative intent
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Definitions. Blind bidding prohibited; trade screening required; notice of screening; waivers void. Enforcement by civil action; damages; attorneys’ fees; injunctions. Article 12 Article 10 10-1-260. 10-1-261. 10-1-262. T.10, C.1 Short title. 7 Definitions. Verifiable documentation …
O.C.G.A. § 10-1-264 Assistants and employees of state fire marshal
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The state fire marshal is authorized to appoint and employ such assistants and employees, fix their salaries, and assign and delegate such duties and responsibilities as he or she may deem necessary to carry out this article in an efficient manner. History. Ga. L. 1949, p. 1128, § …
O.C.G.A. § 10-1-266 Issuance of licenses or permits; annual fees
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The state fire marshal is authorized and empowered to issue a license or permit to such person, firm, or corporation qualifying under the terms of this article and such rules and regulations as may be adopted by the state fire marshal. For such license or permit issued on or after J…
O.C.G.A. § 10-1-267 Issuance, §10-1-266
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Suspension or revocation, §10-1-269. Liquefied petroleum safety act of Georgia. Short title, §10-1-260. Minimum storage facilities. Required, §10-1-268. Notice of suspension or revocation of license, §10-1-269. Ordinances or regulations in conflict with article, §10-1-270. Penaltie…
O.C.G.A. § 10-1-268 Minimum storage facilities required
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(a) Every entity licensed to sell or distribute liquefied petroleum gas in this state shall have located within the State of Georgia storage capacity for a minimum of 30,000 water gallons of liquefied petroleum gas, except that entities initially licensed prior to July 1, 1990, may…
O.C.G.A. § 10-1-269 Motor vehicle franchises
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Administrative review of alleged violations, §10-1-667. Tobacco. Leaf tobacco sales and storage. Administrative review of objections to rules and regulations, §10-4-121. Revocation or suspension proceeding, §10-4-118. Unfair or deceptive trade practices. Fair business practices a…
O.C.G.A. § 10-1-27 Exemptions
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(a) The requirements of this article shall not apply to sellers of automobiles, vans, trucks, motorized farm equipment, or other motor vehicles that are sold at auctions, tent sales, or other temporary places of business, provided that the seller is a seller of vehicles with a pe…
O.C.G.A. § 10-1-270 Conflicting local ordinances or regulations prohibited
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No municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, or regulation in conflict with this article or with the rules and regulations adopted and promulgated by the state fire marshal under the terms and authority of this article. Hi…
O.C.G.A. § 10-1-271 Reciprocal agreements with other states
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The state fire marshal is authorized to enter into reciprocal agreements with another state to effectuate the purposes of this article. History. Ga. L. 1955, p. 221, § 3; Ga. L. 1992, p. 2134, § 2. 10-1-272. Penalty for violating article or rules and regulations.
O.C.G.A. § 10-1-272 Short title, §10-1-260
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LIQUIDATION. Advertising liquidation sales. Misrepresenting ownership, §§10-1-425, 10-1-426. Warehouses. State licensed and bonded warehouses. Suspension or revocation of license for violation, §10-4-30. LITHOGRAPHS. Limited edition art reproductions. Generally, §§10-1-430 to 10-…
O.C.G.A. § 10-1-290 Short title
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This article shall be known and may be cited as the “Georgia Motion Picture Fair Competition Act.” History. Ga. L. 1979, p. 427, § 2; Ga. L. 2024, p. 1052, § 2(12)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, mo…
O.C.G.A. § 10-1-291 Legislative intent
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The intent of this article is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion …
O.C.G.A. § 10-1-292 Definitions
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As used in this article, the term: (1) “Bid” means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. (2) “…