reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-21 - Obligation of warehouseman to deliver; effect of loss or damage

Every warehouseman conducting a warehouse under this article shall, without unnecessary delay, deliver the agricultural product as described on each warehouse receipt issued by him upon a demand made by the holder of a receipt for such agricultural product if the demand be accompanied by:
(1)
An offer to satisfy the warehouseman's lien;
(2)
An offer to surrender the receipt and, if negotiable, with such endorsements as would be necessary for the negotiation of the receipt; and
(3)
An offer to sign, when the product is delivered, an acknowledgment that it has been delivered if such signature is requested by the warehouseman;
provided, however, that where an agricultural product is stored identity preserved, the actual agricultural product shall be delivered; provided, further, that no warehouseman shall be deemed to have violated this Code section by failure to deliver any agricultural product in accordance with its provisions, if such failure is due to loss or damage of the product from a hazard against which insurance is not required under Code Section
10-4-25
and the regulations issued by the Commissioner pursuant thereto and where such loss or damage does not result from a failure of such warehouseman to exercise that degree of care which an ordinarily prudent person would exercise in the care and protection of his own property; and, provided, further, that in case of an insured loss such demand may be satisfied by payment of the market value of the product lost or damaged.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-22 - Surrender and cancellation of warehouse receipts on delivery

Except as provided in Code Section
11-7-601
, no warehouseman conducting a warehouse under this article shall deliver any agricultural product for which a warehouse receipt has been issued by him unless the receipt has been first surrendered to him. Immediately upon delivery by him of the agricultural product, he shall cancel upon the face thereof such receipt surrendered to him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-23 - Records of warehousemen

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, including a separate account of all such agricultural products owned by the warehouseman, of all warehouse receipts issued by him, and of the receipts returned to and canceled by him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-24 - Inspection of records; preservation of records when license terminated

The Commissioner is authorized through officials, employees, or agents designated by him to inspect all receipt records and inventory records of warehouses under this article. In the event of suspension, revocation, or other termination of a license issued under this article, the former licensee or his successor in interest, if any, shall preserve, for such period of time as may be prescribed by the Commissioner, all such books, papers, accounts, and other records relating to the operation of the warehouse during the effective period of the license; and such books, papers, accounts, and other records shall be subject to inspection by the Commissioner or his agents, during such period of time as the Commissioner may prescribe.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-25 - When insurance on stored products required

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 the warehouseman against loss or damage by fire or lightning and shall have extended coverage, except that cotton shall be insured against loss or damage by fire and lightning only. Such insurance shall be carried in an insurance company or companies of the warehouseman's choice authorized to do business in this state, and evidence of such insurance coverage in form to be approved by the Commissioner of Insurance shall be filed with the Commissioner of Agriculture. Such insurance shall be provided by, and carried in the name of, the warehouseman; provided, however, that a producer depositing or storing agricultural products who does not wish to have his products insured by the warehouseman may relieve the warehouseman of that duty by notifying the warehouseman in writing that he does not wish his agricultural products insured.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-26 - Schedules of charges to be filed; changes in charges; special rates for United States; duplication of charges prohibited

(a)
Prior to transaction of any warehouse business at any warehouse under this article and annually thereafter, the warehouseman shall file with the Commissioner a schedule of charges to be made by the warehouse. All charges and regulations affecting such charges made by any warehouse licensed under this article for the storage of agricultural products shall be just, fair, and reasonable. No additional charge shall be made by any such warehouse other than as specified in its filed schedule. No change shall be made in a filed schedule of charges during a current year unless the Commissioner consents thereto. Any upward revision of charges of any such warehouse during any current year shall be applicable only to products received at such warehouse or services performed pursuant to instructions received from the storer after the Commissioner's approval of the upward revisions.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, any warehouseman under this article may establish and charge special rates as required by contract with the United States, or any agency of or corporation controlled by the United States, and none of the restrictions or requirements of subsection (a) of this Code section shall apply to such rates.
(c)
No warehouseman shall make any charge for any service unless he has then on file a schedule of charges to be made by the warehouse for that service.
(d)
No warehouseman shall make a duplicate collection of tariff charges for the first month's service of the warehouseman. It is the intent and purpose of this Code section to prevent a duplication of the collection of such charges in any manner or fashion.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-27 - Certified public weighers to be provided

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
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-28 - Scales to be provided; examination; disapproved scales not to be used

Each warehouse under this article must be equipped with suitable scales in good order and so arranged that all agricultural products for storage can be weighed by the warehouseman. The scales in any such warehouse shall be subject to examination by representatives of the Commissioner and to disapproval by the Commissioner. If the Commissioner disapproves any weighing apparatus, it shall not thereafter be used in ascertaining the weight of agricultural products for the purposes of this article until such disapproval shall be withdrawn.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-29 - Suspension of license pending investigation or correction of violation; impoundment of records and commodities

At such time as the Commissioner or supervisor deems there has been a violation of the law and the rules and regulations, he shall have the power and authority, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to suspend the license of the warehouseman pending the investigation of the violation or until at such time the violation has been corrected to the satisfaction of the Commissioner or supervisor, and during the period of time of any investigation of a violation the Commissioner or supervisor shall have the power and authority to impound all books and records and withhold all commodities from moving until the investigation is completed.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-30 - Suspension or revocation of license for violation; liquidation proceedings; impoundment of unused receipts

(a)
The Commissioner, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," may suspend or revoke any license issued to any warehouseman to conduct a public warehouse under this article for any violation of or failure to comply with any provisions of this article or the rules and regulations made under this article.
(b)
In the event the Commissioner after a hearing finds and determines that a public warehouse is being operated in violation of the laws and regulations and in jeopardy of the public interest, he, in addition to revoking the license to operate such public warehouse, may, in his discretion, file a petition for receivership and liquidation in the superior court of the county in which the warehouse is located.
(c)
When any license has been suspended or revoked, the Commissioner or his authorized agents shall have the power and authority to take possession of all unused state bonded receipts and impound them until such time that said license has been reinstated.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-31 - Publishing lists of licensed and bonded warehouses, license terminations, and findings as to violations

The Commissioner may publish in print or electronically the names and locations of warehouses licensed and bonded, the names and addresses of persons licensed under this article, and lists of all licenses terminated under this article and the causes therefor. Whenever it is found, under this article, that such warehouseman is not performing the duties imposed on him by this article and the rules and regulations made under this article, the Commissioner may publish in print or electronically his findings.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-32 - Criminal penalties for violations; immunity of sureties

(a)
Every person who, without lawful authority, shall convert to his own use, or use for purposes of securing a loan, or remove from a warehouse under this article, contrary to this article or the regulations promulgated under this article, any agricultural product received at such warehouse for storage; or who shall forge, alter, counterfeit, simulate, or falsely misrepresent, or without proper authority use any license issued by the Commissioner under this article; or who shall issue or utter a false or fraudulent receipt or certificate of weight or grade or other class for any agricultural product under this article; or change with fraudulent intent in any manner an original receipt or such a certificate subsequent to issuance, shall be guilty of a felony and shall be fined not less than $2,000.00 nor more than $20,000.00 or double the value of the products involved if such double value exceeds $20,000.00, or imprisoned for not less than two years nor more than ten years, or both.
(b)
Every person who shall fraudulently alter or falsely represent a sample drawn under this article; or who shall fraudulently grade, otherwise classify, or weigh, or draw with intent to deceive a false sample of any agricultural product received at any warehouse under this article for storage; or who otherwise shall violate any provision of this article or of the regulations promulgated under this article, shall be guilty of a misdemeanor.
(c)
For the purposes of this Code section the bondsman bonding such person or warehouseman shall not be liable for the criminal penalties provided in this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-33 - Duty of persons accepting warehouse receipts to take adequate measures regarding goods

This article shall not relieve any person, including, but not limited to, any bank, savings and loan, or other financial lending institution, that requires, solicits, or otherwise accepts warehouse receipts issued in accordance with this article as collateral or security for a debt, account, promissory note, or any type of loan from any duty otherwise imposed to take necessary and reasonable adequate measures to ensure that the goods represented by the warehouse receipts are present and accounted for and are in suitable condition.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-50 - Designation of commissioner

The Commissioner of Agriculture shall be the state warehouse commissioner.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-51 - Bond of commissioner

The state warehouse commissioner shall give bond payable to the Governor and his successors in office for the faithful performance of his duties, in the sum of $25,000.00, such bond to be approved as other bonds of state officers.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-52 - Appointment and bonding of necessary employees; promulgation of rules and regulations

(a)
The commissioner shall have the power to appoint graders, officers, clerks, and all necessary employees to carry out this article and fix the salaries of same. He shall also have the power, and is directed, to safeguard the interests of the state by requiring bonds from such officers, clerks, and employees for the performance of their duties.
(b)
The commissioner shall also prescribe rules and regulations not inconsistent with the intent and spirit of this article to carry the same into effect.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-53 - Actions by and against commissioner; limitations on liability; "linters" not to be stored

(a)
The commissioner shall have power to sue and be sued, plead and be impleaded, upon the same terms as an individual or corporation, the action to be against or by the commissioner, and not as an individual, except in case of tort or neglect of duty, when the action may be upon the bond of the commissioner. Actions may be brought in Fulton County or in the county in which the cause of action shall arise.
(b)
The weights, classes, and grades of cotton on storage are, under this article, only guaranteed by the commissioner in favor of those who lend money or buy cotton through the commissioner, provided the commissioner shall not be responsible for such fluctuation in weight as represents ordinary climatic conditions.
(c)
Cotton designated as "linters" shall not be received for storage under this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-54 - Duties of commissioner generally

It shall be the duty of the commissioner to study the condition under which cotton is grown, harvested, ginned, baled, covered, stored, and marketed and as a result of such investigation to organize a system that will bring about needed reforms and provide for the most economical and scientific handling of this crop from the fields to the mill and, when he shall have determined upon the best system of ginning, baling, and covering, to recommend its adoption by all ginners as fast as practicable, without undue expense.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-55 - Acquisition of property; encouraging erection of warehouses

The commissioner shall have power to acquire property. It shall be his duty to foster and encourage the erection of warehouses in the various counties, upon plans and specifications adopted by him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-56 - Purchase or lease of, or contracting for, compress plant by commissioner

The commissioner shall have the right to erect, buy, lease, or otherwise contract for a compress plant, or make contract or contracts with existing compress owners for the compression of cotton, as may be necessary in the conduct of the business under this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-57 - Fire insurance on property owned by or in possession of commissioner

The commissioner shall insure against fire all buildings, machinery, or other property owned by the commissioner in the name of the state. The commissioner shall have insured all buildings or machinery leased, owned, or in his possession other than the state's property when requested to do so by the owners thereof. Further, he shall effect fire insurance on cotton that may be insured in such warehouses when so requested by the owner or owners thereof in the name of the owner. All insurance obtained by the commissioner under this Code section shall be placed in fire insurance companies authorized by law to do business in this state, provided that the commissioner shall not act in any capacity for any insurance company or receive any compensation from any insurance company, insurance agent, broker, or any person representing any insurance company as aforesaid, by division of commission or otherwise, in connection with the placing of any insurance.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-58 - Annual report

(a)
The state warehouse commissioner shall make an annual report to the General Assembly, setting forth:
(1)
Number and location of each warehouse where cotton has been received for storage by the state;
(2)
Cotton on storage and that delivered on presentation of receipts; and
(3)
Such further information as the commissioner may think would be of benefit to the public.
(b)
The state warehouse commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-59 - Cooperation with other states

The commissioner shall cooperate with other states where a state warehouse system is in operation and promote the formation of an interstate board so that there may be uniformity in handling and marketing the crop in all the states; and the commissioner is authorized to spend such sums as may be necessary for this purpose.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 1 - STATE WAREHOUSE COMMISSIONER (§§ 10-4-50 — 10-4-60) › Section 10-4-60 - State debt not to be created

No debt shall be created against the state by reason or operation of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-70 - Standards and classifications of cotton

The state warehouse commissioner shall accept as authoritative the standards and classifications of cotton established by the federal government.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-71 - Storing lint cotton; inspection tags; issuance, contents, transfer, and cancellation of receipts

(a)
The state warehouse commissioner may receive for storage lint cotton, properly baled, with an inspection tag showing that it has been legally weighed and that a federal or state grader has graded such cotton.
(b)
There shall be receipts issued for such cotton under the seal in the name of the commissioner, stating location of warehouse, identification mark on each bale, its weight and grade, and whether long or short staple, so as to be able to deliver on surrender of receipts the identical cotton for which each was given. The receipt for cotton so stored is transferable only by written assignment and actual delivery. The cotton which the receipt represents shall be delivered only upon physical presentation of the receipt or satisfactory proof of loss of the receipt. The receipt shall be marked "canceled" when the cotton is taken from the warehouse.
(c)
The grades, weights, and identification marks provided for by this article shall be evidenced by tags affixed to the bale of cotton; and the receipts issued must be a duplicate of the identification upon the tags.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-72 - Fixing terms and rate of storage

The state warehouse commissioner shall settle the terms upon which cotton may be stored in the local warehouses coming under this article and fix the rate of storage thereon in such manner that these warehouses shall pay expenses, it being the declared purpose of this article that the system shall be self-sustaining and without cost to the state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-73 - Commissioner may negotiate loans on receipts and sale of stored cotton

The state warehouse commissioner may, upon the request of the owner of warehouse receipts, negotiate loans upon the same, or make sale of the cotton on storage, and shall notify the holders of cotton of the steps which will be necessary to avail themselves of aid in obtaining loans upon cotton or making sale thereof.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-74 - Commissioner's charges and commissions

The state warehouse commissioner shall provide for the cost of maintaining this system by assessing a charge upon each bale of cotton offered for storage, and for negotiation of loans or selling cotton, a commission, all of which charges shall be uniform, and due notice thereof given, it being the declared purpose of this article to operate at cost, without profit to the state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-75 - Warehouse receipt books; execution and sealing of receipts

The warehouse receipt books shall be designed by the state warehouse commissioner and furnished the manager of each warehouse. Receipts shall be numbered, and the warehouse receiving such books shall be accountable for each receipt. The receipts in such books may have the lithographed or engraved signature of the state warehouse commissioner, but the name of the manager of the local warehouse shall be signed by the manager with pen and ink. The state warehouse commissioner shall have a seal, which shall be affixed to each receipt.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-76 - Investigation of liens and titles by warehouseman; priority of claim of receipt holder

(a)
If the warehouseman to whom cotton is offered for storage shall have cause to believe there is an adverse lien, title, or claim to the cotton, he shall make reasonable investigation; and to that end he may require the party so offering the cotton for storage to make affidavit in writing as to such liens, adverse title, or claims.
(b)
Any transferee or holder for value of any receipt issued under this article, without notice of any adverse lien, title, or claim to the cotton represented by such receipt, shall have a superior claim to the cotton as against such adverse lien, title, or claim, unless the holder of the adverse lien, title, or claim within seven days after the date on which the cotton was so stored in such warehouse shall begin action on such lien, title, or adverse claim in a court of competent jurisdiction, and give to the warehouse where the cotton is stored written notice of such action.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-77 - Penalty for failure to give notice of lien on cotton

Any person who shall deposit, or attempt to deposit, cotton upon which a lien, mortgage, or adverse claim exists, without notifying the manager of the warehouse thereof and having this fact so entered on the warehouse receipt, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-78 - Penalty for false affidavit as to lien on cotton

Should any party required by Code Section
10-4-76
to make an affidavit as to an adverse lien, title, or claim to cotton offered to a warehouseman for storage make a false affidavit, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment and labor in the penitentiary for not less than three years nor more than ten years.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-79 - Penalties for delivering cotton without production of receipt or failing to cancel receipt

Any manager, employee, agent, officer, or other person who shall deliver cotton from a warehouse under this article, except upon the production of the receipt therefor, or who shall fail to mark such receipt "canceled" on the delivery of the cotton shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00, or imprisonment for not more than five years in the state penitentiary, or both, in the discretion of the court.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-80 - Penalties for issuing receipt for cotton not in warehouse

The manager of any warehouse, or agent, employee, or servant, who issues or aids in issuing a receipt for cotton, knowing that such cotton has not been actually placed in the warehouse under the control of the manager thereof, shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by imprisonment in the state penitentiary for a period of not less than one nor more than five years, or by a fine not exceeding $5,000.00.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 2 - STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING (§§ 10-4-50 — 10-4-81) › Part 2 - STORAGE OF COTTON (§§ 10-4-70 — 10-4-81) › Section 10-4-81 - Penalty for issuing duplicate or additional receipt; lost or destroyed receipts

Any manager, employee, servant, or other person who shall issue or aid in issuing a duplicate or additional receipt for cotton, knowing that the former receipt or any part thereof is outstanding, commits the offense of forgery in the first degree, provided that the party applying for a duplicate, upon the representation that the original has been lost or destroyed, may receive the same upon giving an indemnifying bond to the state warehouse commissioner to protect the commissioner against any loss that might occur thereby.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-100 - Legislative intent and findings

(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 marketing of flue-cured leaf tobacco.
(b)
It is further found that external disruptive forces and influences upon buyers and sales opportunity have operated to effect discrimination and disadvantage upon flue-cured leaf tobacco producers in this state in the free entry and sale of their tobacco in interstate commerce. It is the intent and purpose of this part to eliminate discrimination in the entry and sale of tobacco in commerce by providing for equitable allocation of sales opportunity and by providing for licensing of flue-cured leaf tobacco auction sales which will optimize the movement and sale in commerce of tobacco produced in this state and eliminate discrimination against such movement and sale.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-101 - Licenses for flue-cured leaf tobacco auction sales; "clean-up" sale licenses

No person, real or corporate, shall operate, hold, or conduct an auction sale for the sale of flue-cured leaf tobacco within this state without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire at the end of the regular selling season. The regular selling season shall be deemed to have ended at the close of business on the marketing day any regulatory group or committee shall cause any of the sets of buyers normally assigned to the Georgia flue-cured leaf tobacco auction markets to be withdrawn for the purpose of reassigning them to auction markets in other tobacco belts. The Commissioner, in his or her discretion, may issue additional licenses to warehousemen at the end of the regular selling season as he or she deems necessary and desirable for "clean-up" sales or special sales, such licenses to terminate at the conclusion of the "clean-up" or special sale. The license fee shall be $150.00 for each regular selling season with no additional fee for licenses issued for "clean-up" or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner shall prescribe. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
Amended by 2010 Ga. Laws 360,§ 1-30, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-102 - Physical standards for leaf tobacco warehouses; compliance as prerequisite for license

In addition to other authority granted him by this part, the Commissioner of Agriculture shall be authorized to promulgate regulations prescribing physical standards for buildings used as warehouses for the storage or sale of leaf tobacco. Such standards shall be reasonably designed to ensure the protection of producers and others from loss or damage to tobacco while held or stored in such warehouses and to provide for the safety and welfare of such persons while upon the warehouse premises. It shall be a prerequisite to the issuance of a license under this part that the applicant has complied with all standards promulgated pursuant to this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-103 - Insurance as prerequisite for license

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 the marketing season for which the license is sought. The insurance policy shall be written by an insurance company, of the warehouseman's choice, authorized to transact business in this state, and such insurance coverage shall be approved in form by the Commissioner of Insurance, and a copy of the insurance policy shall be filed with the Commissioner of Agriculture. The policy shall cover both first-hand and resale tobacco. The insurance policy shall contain an endorsement requiring notification to the Commissioner of Agriculture by the insurance company of its intention to cancel the policy at least ten days prior to cancellation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-104 - Allocating sales opportunities among licensed warehouses

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 manner as to effectuate the expressed intent and purpose of this part. The Commissioner may consider, among other factors, the history factor used by the regulatory group or committee for assigning sales opportunity for cross-belt tobacco, the previous five-year sales history of such licensees, and the previous five-year sales history of such licensees of selling Georgia grown tobacco in order to effectuate an allocation which will eliminate or reduce discrimination against producers in this state in the entry and sale of their tobacco in commerce. In recognition of the unique characteristics of the marketing of tobacco by auction, and the necessity of immediate response to marketing conditions, such allocation of sales time need not be effected by the promulgation of regulations but may be issued and published in such manner as the Commissioner deems necessary and expedient, provided that no such allocation shall be effective upon less than 24 hours' actual notice to the affected licensee.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-105 - Denial of issuance or suspension or revocation of license

In addition to other authority granted him by this part, the Commissioner of Agriculture shall be authorized to deny issuance of, or to suspend or revoke, any license provided in this part for any violation of this part, or upon a finding that the applicant or licensee has engaged in conduct contrary to the expressed intent and purpose of this part with respect to discrimination in the sale of tobacco. In the determination of discrimination in the sale of tobacco, the Commissioner is authorized to consider, among other factors, the solicitation of tobacco for auction by an applicant or licensee in such manner as to deplete unreasonably sales opportunity required for the equitable movement and sale of tobacco produced in this state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-106 - Georgia Tobacco Marketing Act of 1995

(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;
(2)
Reserved;
(3)
For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-107 - Warehousemen to render itemized statements

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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-107.1 - Tobacco contract

(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 for the purchase of tobacco grown in this state shall be valid or binding unless:
(1)
The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or adviser of the tobacco grower's choosing prior to execution;
(2)
The tobacco contract is written in plain English; and
(3)
The tobacco contract quotes the provisions of subsection (c) of this Code section.
(c)
(1)
The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract.
(2)
Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.
(3)
In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract.
(4)
Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract.
Amended by 2001 Ga. Laws 370, § 2, eff. 7/1/2001.
Amended by 2001 Ga. Laws 2, § 10, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-108 - Records and reports by warehousemen

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 preceding week and shall transmit each report to the Commissioner of Agriculture. The report shall be so arranged and classified as to show the number of pounds of tobacco sold for producers, the number of pounds sold for dealers, and the number of pounds resold by the licensee for his own account or for the account of some other warehouse or licensee. In addition thereto, each licensee shall indicate the number of pounds of Type 14 flue-cured leaf tobacco sold upon the floor of his warehouse for producers thereof and the number of pounds of Type 14 flue-cured leaf tobacco sold by persons other than producers upon the floor of his warehouse. The licensee shall report the total number of pounds of other than Type 14 flue-cured leaf tobacco sold for producers and persons other than producers. In addition thereto, each licensee shall make such additional reports as shall be prescribed by the Commissioner.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-109 - Commissioner of Agriculture to keep sales records; publication

The Commissioner of Agriculture shall cause to be kept and compiled the information submitted to him as to the sales of tobacco in this state. He shall cause such records to be kept in a manner so as to show the number of pounds of Type 14 tobacco sold by each warehouse as well as the number of pounds of other than Type 14 tobacco sold by each warehouse. He shall cause such records to be kept in a manner so as to show separately the number of pounds of Type 14 tobacco and other types sold by producers and the number of pounds of each type of tobacco resold. The Commissioner is authorized to cause such information to be published in a manner that he deems most beneficial.