GA Code § 2-8-51 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 8 - Agricultural Commodities Promotion|Article 3 - Agricultural Commodity Commission for Peanuts|§ 2-8-51. Definitions

 As used in this article, the term:    "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 market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of peanuts included in any marketing order made effective pursuant to this article.   "Commission" means the Agricultural Commodity Commission for Peanuts created under this article.   "Distributor" means any person who engages in the operation of selling, marketing, or distributing peanuts which he has produced or has purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer peanuts not theretofore subjected to regulation by the marketing order covering peanuts.   "Handler" means any person engaged within this state as a distributor in the business of distributing peanuts or any person engaged as a processor in the business of processing peanuts.   "Marketing order" means an order issued pursuant to this article prescribing rules and regulations governing the processing, distributing, or handling in any manner of peanuts within this state or establishing an assessment for financing the programs established under this article.   "Person" means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.   "Peanuts" means peanuts and peanut products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section.   "Processor" means any person engaged within this state in the operation of receiving, grading, packing, canning, extracting, preserving, grinding, crushing, or changing the form of peanuts for the purpose of preparing peanuts for market or of marketing such peanuts or engaged in any other activities performed for the purpose of preparing such peanuts for market or of marketing such peanuts but shall not include a person engaged in manufacturing another and different product from peanuts, so changed in form. The term "processor" shall not include an agent of the processor nor any person who receives peanuts for or on the account of another person.   "Producer" means any person engaged within this state in the business of producing or causing to be produced for market peanuts as defined in this Code section.   "Producer marketing" or "marketed by producers" means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, peanuts which he has produced to any handler as defined in this Code section.   "Retailer" means any person who purchases or acquires peanuts for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of "distributor," as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section.   "Seasonal marketing regulations" means marketing regulations, applicable to a particular marketing order, made effective as prescribed in this article for the purpose of carrying into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order.   "To distribute" means to engage in the business of a distributor as defined in this Code section.   "To handle" means to engage in the business of a handler as defined in this Code section.   "To process" means to engage in the business of a processor as defined in this Code section.     (Code 1981, §2-8-51, enacted by Ga. L. 1989, p. 1420, § 1; Ga. L. 1990, p. 8, § 2.)   OPINIONS OF THE ATTORNEY GENERAL   "Handler" construed.   - Inasmuch as the Seed Commission is a public corporation and state instrumentality which engages in the operation of selling peanuts which it has purchased from a producer, the commission is a "handler" to whom the Peanut Commission may look for payment of the assessment established by Marketing Order No. 3. 1990 Op. Att'y Gen. No. 90-33.