Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-4-120 Enjoining violations
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In addition to the remedies provided in this part and notwithstanding the existence of any other remedy of law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court; and such court shall have jur…
O.C.G.A. § 10-4-121 Advisory board
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Duties, §10-4-111. Meeting, §10-4-111. Allocating sales opportunities among licensed warehouses, §10-4-104. Appeals. Judicial review of administrative decision, §10-4-122. Auction tobacco dealers. Licenses, §10-4-114. Reports and records, §10-4-114. Bonds. Nonauction tobacco deal…
O.C.G.A. § 10-4-122 Judicial review of administrative decision
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Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this part or by the state or federal Constitution is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of Title 50, the “Georgi…
O.C.G.A. § 10-4-123 General penalty for violation of part
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Any person who shall violate any provision of this part for which no specific punishment is provided in this part shall be guilty of a misdemeanor. History. Ga. L. 1960, p. 214, § 27. PART 2 CARRY-OVER LEAF TOBACCO STORAGE AND SALE 10-4-140. Legislative intent and findings.
O.C.G.A. § 10-4-13 Examiners, §10-4-16
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Grain dealers, §10-4-12. Immunity of sureties for criminal penalties, §10-4-32. Inspectors, §10-4-16. Required, §10-4-12. Supervisor of state warehouse section, §10-4-3. Care required in protection of products, §10-4-21. Certified public weighers to be provided, §10-4-27. Charges.…
O.C.G.A. § 10-4-14 Actions on bonds
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(a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 10-4-12 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint a…
O.C.G.A. § 10-4-140 Legislative intent and findings
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It is the intent and purpose of this part to enable producers of 682 10-4-142 flue-cured leaf tobacco to avail themselves of an adequate and safe method of storing flue-cured leaf tobacco unsold in the year of production until the subsequent selling season for purposes of marketing…
O.C.G.A. § 10-4-141 Definitions
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As used in this part, the term: (1) “Carry-over tobacco” means any tobacco unsold in the year of its production and held, for whatever reason, in storage until the subsequent selling season for sale in that season. (2) “Operator” means any person, firm, partnership, or corporation…
O.C.G.A. § 10-4-142 Legislative intent and findings
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Definitions. Licenses for carry-over tobacco services. Fire and extended coverage insurance on stored tobacco. Each licensee to be bonded. Maximum charges and expenses. Licensees to render statements upon receipt of tobacco. Division of money received above contract sales price pl…
O.C.G.A. § 10-4-143 Fire and extended coverage insurance on stored tobacco
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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 there is in force an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended c…
O.C.G.A. § 10-4-144 Each licensee to be bonded
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As a prerequisite to the issuance of a license under this part, each applicant shall also furnish evidence to the Commissioner of Agriculture that he has in force for the year for which the license is sought a bond issued by a corporate entity authorized to do business in this st…
O.C.G.A. § 10-4-145 Maximum charges and expenses
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The maximum charges and expenses to be maintained by operators under this part receiving tobacco unsold in the year of production to be stored until sold in the subsequent selling season shall not exceed 5¢ per pound for services rendered, if sold on a green-weight basis. If sold…
O.C.G.A. § 10-4-146 Licensees to render statements upon receipt of tobacco
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Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of the amount of tobacco tendered and the amount to be charged for servicing that tobacco other than actual cost o…
O.C.G.A. § 10-4-148 Licensees’ records and reports
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Each licensee shall keep a record of the number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount received from each producer. The records shall also show the final disposition of the tobacco, whether redeemed by the …
O.C.G.A. § 10-4-15 Inspections of warehouses
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In addition to the general powers conferred by Code Section 10-4-5, the Commissioner and his or her duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural produc…
O.C.G.A. § 10-4-150 Tender for storage not deemed sale; sale not consummated before next season
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The tendering of carry-over tobacco by producers to operators to be stored until the next selling season shall not be deemed a sale as of the time of the tender. The sale of carry-over tobacco may not be consummated until after the beginning of the subsequent selling season. Hist…
O.C.G.A. § 10-4-151 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 carry-over tobacco at the time and place of receipt of the tobacco by operators for storage until the subsequent selling season, and it shall be unlawful for any person who is not a cer…
O.C.G.A. § 10-4-152 Regulations and physical standards for premises; inspection of premises
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The Commissioner of Agriculture shall be authorized to promulgate regulations to implement this part, to accomplish its purposes, and to prescribe physical standards for buildings and premises used for the receipt or storage, or both, of carry-over tobacco. Such standards shall b…
O.C.G.A. § 10-4-153 Leaf tobacco sales and storage
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Administrative review of objections to rules and regulations, §10-4-121. Judicial review of administrative decisions, §10-4-122. Licenses. Notice and hearing in revocation or suspension proceeding, §10-4-118. ADMINISTRATIVE PROCEDURE —Cont’d Tobacco —Cont’d Leaf tobacco sales and…
O.C.G.A. § 10-4-154 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 and the court shall have juris…
O.C.G.A. § 10-4-155 Definitions, §10-4-141
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Division of money received above contract sales price, §10-4-147. Enforcement of part, §10-4-153. Expenses. Division of money received above contract sales price plus expenses, §10-4-147. Maximum expenses, §10-4-145. Fees. Licenses, §10-4-142. Injunctions, §10-4-154. Inspection o…
O.C.G.A. § 10-4-16 Inspectors and examiners to be bonded
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Each inspector and examiner employed by the Commissioner for the inspection and examination of warehouses licensed under this article shall be bonded in an amount not less than $5,000.00, or in such greater amount as the Commissioner deems necessary, for the faithful performance …
O.C.G.A. § 10-4-17 License fees
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Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The …
O.C.G.A. § 10-4-171 Arbitrating organization of board of trade
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In the event there are two such warehousemen in a municipality and in the event the two cannot agree as to the organization of any such board, or cannot agree as to any matter authorized under this part, it shall be the duty of each, upon notice or request by the other, to appoin…
O.C.G.A. § 10-4-172 Rules and regulations of boards of trade and statewide organization
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(a) Each such tobacco board of trade is authorized to make reasonable rules and regulations not in conflict with the laws of this state and the rules and regulations promulgated under the laws of this state for the economical and efficient handling and sale of leaf tobacco at auct…
O.C.G.A. § 10-4-173 Local and state-wide membership fees
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(a) The tobacco boards of trade in the several municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee which shall not exceed: (1) $50.00 in those municipalities in which less than 3 million pounds of tobacco was so…
O.C.G.A. § 10-4-175 Liability for board’s acts, §10-4-175
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Membership condition for operating warehouse, §10-4-174. Membership fees, §10-4-173. Participation in allocating sale time, §10-4-175. Price fixing or restraint of trade not authorized, §10-4-177. Rules and regulations, §10-4-172. Regulation of leaf tobacco selling unaffected, §10…
O.C.G.A. § 10-4-176 Authorized, §10-4-170
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Categories of membership, §10-4-175. Membership condition for operating warehouse, §10-4-174. Membership fees, §10-4-173. Participation in allocating sale time, §10-4-175. Price fixing or restraint of trade not authorized, §10-4-177. Rules and regulations, §10-4-172. Weighers. Cer…
O.C.G.A. § 10-4-177 STORE GIFT CARDS
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Unfair or deceptive practices in consumer transactions, §10-1-393. SUBPOENAS. Cemeteries. Enforcement proceedings by Secretary of State, §10-14-19. Investigations by Secretary of State, §10-14-15. Commodities and commodity contracts or futures. Investigation, §10-5A-20. Securitie…
O.C.G.A. § 10-4-18 Short title
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Definitions. State warehouse section established; supervisor of section. Exemptions from article; warehousemen electing to be covered. Powers and duties of Commissioner; annual reports; adoption of rules and regulations. Procedure for adopting or changing rules and regulations; ad…
O.C.G.A. § 10-4-190 Short title
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This article shall be known and may be cited as the “Convenience Warehouse Act of 1975.” History. Ga. L. 1975, p. 1156, § 1. 692 10-4-192 10-4-191. Definitions; exemption of state licensed or bonded warehouses. (a) As used in this article, the term: (1) “Convenience warehouse” mea…
O.C.G.A. § 10-4-192 Short title
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Convenience warehouse act of 1975, §10-4-190. CONVENTIONS.
O.C.G.A. § 10-4-193 Penalties
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(a) Any person engaged in the business of operating a convenience warehouse who fails to obtain the information required by subsection (a) of Code Section 10-4-192 or who rents or leases a storage space without first obtaining the written document required by subsection (b) of Cod…
O.C.G.A. § 10-4-2 Definitions
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As used in this article, the term: (1) “Agricultural product” means individually and collectively all grains, cotton, meat, fruits, vegetables, and other farm products offered or accepted for storage in their raw or natural state; provided, however, that products which have been …
O.C.G.A. § 10-4-20 Editor’s notes
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Ga. L. 2010, p. 481, § 3-1/HB 451, not codified by the General Assembly, provides that: “This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a 595 document of title that is issued o…
O.C.G.A. § 10-4-210 Short title
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This article shall be known and may be cited as the “Georgia Self-service Storage Facility Act of 2013.” History. Ga. L. 1982, p. 2286, § 1; Code 1981, § 10-4-210, enacted by Ga. L. 1982, p. 2286, § 7; Ga. L. 2013, p. 555, § 1/SB 61. 10-4-211. Definitions.
O.C.G.A. § 10-4-211 Definitions
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For purposes of this article, the term: (1) “Email” means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are t…
O.C.G.A. § 10-4-213 Secondary metals recyclers
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Hold on regulated metal property believed to be stolen, §10-1-356. Securities. Cease and desist orders, §10-5-73. Coordination, registration by. Notice of statement becoming effective, §10-5-22. Denial, suspension or revocation of registration, §10-5-25. Federal covered investmen…
O.C.G.A. § 10-4-214 Trade secrets
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Applicability of article, §10-1-767. Unfair or deceptive trade practices. Fair business practices act of 1975, §10-1-391. Uniform deceptive trade practices act, §10-1-375. Warehouses.
O.C.G.A. § 10-4-215 Residential use prohibited, §10-4-216
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Rights of parties to create additional rights, duties and obligations not impaired, §10-4-214. Rights under article additional, §10-4-214. Self-service storage facility act of 2013. Short title, §10-4-210. Trailer, lien of owner upon. Towing in lieu of foreclosing on lien, §10-4-…
O.C.G.A. § 10-4-217 Late penalty; calculations; application
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(a) Pursuant to the terms of a rental agreement, an owner may charge and collect a fee from an occupant for the late payment of rent that is to be paid under a rental agreement. Such fee shall be no more than $20.00 per month for each month there is a late payment of rent or 20 p…
O.C.G.A. § 10-4-218 Short title, §10-4-210
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GEORGIA STATE WAREHOUSE ACT. General provisions. State licensed and bonded warehouses, §§10-4-1 to 10-4-33. Short title, §10-4-1. GEORGIA TOBACCO ADVISORY BOARD, §10-4-111. GEORGIA TOBACCO MARKETING ACT OF 1995. Generally, §10-4-106. Short title, §10-4-106. GINNING. State warehou…
O.C.G.A. § 10-4-23 Records of warehousemen
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Every warehouseman conducting a warehouse under this article shall keep for inspection for such period as the Commissioner may prescribe, in a place of safety, complete and correct records of all agricultural products received at the warehouse for storage or delivered therefrom, …
O.C.G.A. § 10-4-25 When insurance on stored products required
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All agricultural products stored for the producer in their raw or natural state, and cotton in any form stored for the producer, in storage in a warehouse under this article or deposited temporarily in such a warehouse pending storage shall be kept insured at full market value by…
O.C.G.A. § 10-4-26 Commissioner of agriculture
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Appointment of supervisor of state warehouse section, §10-4-3. Duties, §10-4-5. Powers, §10-4-5. Criminal penalties for violations, §10-4-32. Definitions, §10-4-2.
O.C.G.A. § 10-4-27 Certified public weighers to be provided
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All warehouses licensed under this article shall provide not less than one certified public weigher for each warehouse in accordance with Code Sections 10-2-40 through 10-2-54. History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 22.
O.C.G.A. § 10-4-28 Examinations, §10-4-28
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Provided, §10-4-28. Weights and measures. General provisions, §§10-2-1 to 10-2-54. SCRAP DEALERS.
O.C.G.A. § 10-4-29 Liquidation proceedings
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Suspension or revocation of license for violation, §10-4-30. List of licensed and bonded warehouses, §10-4-31. Loss or damage of product. Effect, §10-4-21. Notice of breach of bond, §10-4-14. Obligation of warehouseman to deliver products, §10-4-21. Orders. Uniform application, §…
O.C.G.A. § 10-4-3 State warehouse section established; supervisor of section
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Within the police powers of the state and for the general welfare, 635 10-4-4 there is established as provided in this article a warehouse system for the State of Georgia as a section of the Marketing Division of the Department of Agriculture under the supervision and control of …
O.C.G.A. § 10-4-32 IMPERSONATION
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Business records. Disposal of business records containing personal information, §§10-15-1 to 10-15-7. Certified public weigher, §10-2-54. IMPORTS. Tobacco product manufacturers. Financial responsibility for smoking. Joint and several liability of importer for escrow deposits, §10-…