reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-132 - Provisions for establishment of advertising, research, and education programs

If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section
2-8-131
and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1)
Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalf of any equines or disparages the quality, value, sale, or use of any other agricultural commodity;
(2)
Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission;
(3)
Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-134 - Limited application of marketing orders

Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-200 - Definitions

As used in this article, the term:
(1)
"Commission" means the Agricultural Commodity Commission for Propane created under this article.
(2)
"Dealer" means any person to whom the office of the Commissioner of Insurance issues a liquid propane license. The term shall not include any person who offers for retail sale propane in containers of less than 50 pounds water capacity and whose business does not involve the filling or transportation of such containers.
(3)
"Distributor" means any person engaged in the business of selling propane to a dealer in the state.
(4)
"Marketing order" means an order issued pursuant to this article establishing an assessment for financing the programs established under this article.
(5)
"Person" means an individual, sole proprietorship, partnership, limited partnership, firm, corporation, limited liability company, association, or any other business entity, or any combination thereof.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-201 - Creation

The Agricultural Commodity Commission for Propane is hereby created. The commission shall be organized and constituted, have corporate existence, possess powers and duties, and be governed and controlled as provided in this article.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-202 - Membership; vacancies; compensation; certification of membership; naming of chairperson; quorum

(a)
The commission shall be composed of:
(1)
Three members elected by the House Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, each of whom shall be a dealer or distributor and shall not be a member of the General Assembly;
(2)
Three members elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, each of whom shall be a dealer or distributor and shall not be a member of the General Assembly; and
(3)
One member elected by a majority of the members of the commission as specified in paragraphs (1) and (2) of this subsection, who shall be a dealer or distributor and shall not be a member of the General Assembly.
(b)
Vacancies in the membership of the commission shall be filled in the same manner as that of the original election of such members. Any person selected to fill a vacancy shall serve for the remainder of the unexpired term.
(c)
There shall be no compensation or reimbursement of expenses for members of the commission.
(d)
It shall be the duty of the commission to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
(e)
The commission shall name its chairperson and determine a quorum for the transaction of business.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-203 - Use of outside resources; representation by Attorney General; acceptance of donations and gifts; property interests

(a)
The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and shall be paid from the funds of the commission.
(b)
The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section
16-10-9
nor any other law shall prohibit or be applicable to the employment of such counsel.
(c)
The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes.
(d)
The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or exchange the same for other property or rights which are useful for its purposes.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-204 - Status of commission; oath of office

The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office to faithfully perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-205 - Funding obligations

The commission is authorized, and it shall be its duty to receive, collect, and disburse the funds of the commission.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-206 - Funds held in trust; accounting

Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as that of the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-207 - Bonding requirements for those handling finances

Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of such funds. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the commission shall be signed by the chairperson of the commission.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-208 - No individual liability

The members and employees of the commission shall not be held individually responsible to any dealer or distributor or to any other person for errors in judgment, mistakes, or other acts as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such member, person, or employee shall be held individually responsible for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint, and no member shall be liable for the default of any other member.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-209 - Marketing orders; public hearings

(a)
The commission is authorized to issue, administer, and enforce marketing orders.
(b)
(1)
Whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to propane, it shall give due notice of and an opportunity for a public hearing either in person or wholly or partially by means of remote communication as determined by the commission thereon.
(2)
Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days on the commission's website and in the Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment. The commission shall also mail a copy or communicate electronically such notice of hearing and a copy of such proposed marketing order or proposed amendments to all dealers and distributors of propane whose names and addresses are on file with the commission.
(3)
The hearing and all testimony shall be public. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. When the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of such hearings.
Amended by 2022 Ga. Laws 797,§ 1, eff. 7/1/2022.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-210 - Recommendation for promulgation of marketing order; prohibition against lobbying; administrative expenses; costs

If, upon the basis of the record of testimony and documentary evidence received at the hearing as provided for in Code Section
2-8-209
and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order with respect to the matters specified in the hearing notice and supported by the record; such order shall account for provisions to promote propane education, training, safety compliance, equipment replacement for low-income customers, marketing, advertising, promotion, and customer rebates to encourage energy-efficient appliance and equipment purchases by residential, commercial, industrial, motor fuel or agricultural consumers. No funds collected pursuant to this article shall be used in any manner for lobbying or for influencing state or federal legislation. No more than 10 percent of the funds collected and no less than the actual administrative expense pursuant to this article shall be used for administrative expenses relating to the expenditure of the funds. The commission may advance costs of conducting referenda pursuant to this article and reimburse those costs from the assessment funds.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-212 - Opt out by dealers

A dealer can opt out of this article only once per year between September 1 and September 30. Any dealer who opts out of this article in accordance with this Code section shall not be eligible to receive the benefit of any marketing order for a period of one year following the date of his or her request to opt out under this Code section and shall not be entitled to the payment of any interest by the commission on the amount refunded.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-213 - Referendum vote on continuation of commission

A referendum shall be held once every five years to vote on the continuation of the commission. For the results to be valid, at least 50 percent of the eligible dealers in this state must vote, and if more than 50 percent of the dealers voting vote in favor of continuing the commission, then the commission will continue for another five years.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-214 - Assessments as personal debt; cumulative nature of penalties

(a)
Any assessment established in accordance with this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. If such person fails to pay any such assessment, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.
(b)
In the event that any person duly assessed pursuant to this article fails to pay to the commission the amount so assessed, the commission shall be authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment.
(c)
The provisions of this Code section shall be cumulative, and any other remedies may be pursued concurrently until satisfaction is obtained. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-215 - Civil penalty for violations

Any person who violates any provision of this article or any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for contested cases and recoverable by a civil action brought in the name of the commission. Any moneys recovered pursuant to this Code section shall be applied for the use of the commission.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-216 - Actions brought by Attorney General; injunctions and specific performance; incurring and payment of costs

(a)
The Attorney General of this state shall, upon complaint by the commission, or may, after examining the complaint and the evidence and believing that a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including the specific performance of any marketing order duly issued by the commission under this article.
(b)
If there is an application for a preliminary injunction, a hearing of any order to show cause why such injunction should not be issued, or a hearing of any motion for a preliminary injunction suggesting that, or if the court finds in any such action that a defendant therein is violating or has violated any provision of this article or of any marketing order duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c)
In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, a judgment in favor of the commission may provide that the defendant pay the commission the costs it incurred in the prosecution of such action.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-217 - Attorney General or prosecuting attorney to bring actions; administrative hearings; response to finding violation

(a)
The commission on its own motion or upon the complaint of any interested party may refer to the Attorney General of this state or to any prosecuting attorney of this state any charges of a violation of any provision of this article or of any marketing order or any rule or regulation issued by the commission and effective under this article for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," governing contested cases, to consider the charges set forth in such verified complaint.
(b)
In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction.
(c)
After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state, requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-218 - Falsification of reports, statements, or records; penalty

(a)
Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.
(b)
Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
(c)
The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 6 - AGRICULTURAL COMMODITY COMMISSION FOR PROPANE (§§ 2-8-200 — 2-8-219) › Section 2-8-219 - Regulatory authority

The department shall promulgate rules for the administration and enforcement of this article. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
Added by 2019 Ga. Laws 35,§ 1, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-1 - Short title

This chapter shall be known and may be cited as the "Emerging Crops Fund Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-2 - Purpose of chapter

The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which are produced commercially and to make available to consumers emerging crops grown in Georgia.
Amended by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-3 - Definitions

As used in this chapter, the term:
(1)
"Emerging crop" means a plant or animal crop for which consumers have a demand.
(2)
"Farmer" means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section
48-5-7.1
, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements.
(3)
"Fund" means the Emerging Crops Fund established in Code Section
2-8A-5
.
(4)
"Georgia Development Authority" or "authority" means the Georgia Development Authority provided for in Chapter 10 of Title 50.
(5)
"Interest loan" means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the costs of production of an emerging crop.
(6)
"Lender" means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration.
Amended by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-4 - [Repealed and Reserved] Crops included as emerging crops

Repealed by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-5 - Fund established

(a)
Pursuant to Article III, Section IX, Paragraph VI(j) of the Constitution of Georgia, there is established as a separate fund of the Georgia Development Authority a fund to be known as the "Emerging Crops Fund," which shall be used to make interest loans on loans made to farmers for costs of production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources:
(1)
Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse;
(2)
The repayment of interest loans made from the fund; and
(3)
Any interest or earnings made from the investment of funds of the Emerging Crops Fund.
(b)
The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund.
(c)
Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter.
Amended by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-6 - Application for interest loan; maximum amount; maximum rate of interest; security

Any lender which has made or makes a loan to a farmer to finance the costs of production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, that the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be as established from time to time by the Georgia Development Authority. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter.
Amended by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8A - EMERGING CROPS FUND ACT (§§ 2-8A-1 — 2-8A-7) › Section 2-8A-7 - Repayment of interest loan

Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity, whichever is later. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund.
Amended by 2013 Ga. Laws 210,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-1 - Definitions

As used in this article, the term:
(1)
"Agricultural products" includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops.
(2)
"Dealer in agricultural products" means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term "dealer in agricultural products" also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts.
(3)
"Net return basis" means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made "at the market price," "at net worth," and on similar terms indicating that the buyer is the final arbiter of the price to be paid.
(4)
"On consignment" means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner.
(5)
"Producer" means any producer of agricultural products.
Amended by 2013 Ga. Laws 262,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-2 - License required

It shall be unlawful for any dealer in agricultural products who comes within the terms of this article to engage in such business in this state without a state license issued by the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-3 - Application for license

Every dealer in agricultural products desiring to transact business in this state shall file an application for such license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:
(1)
The kind or kinds of agricultural products the applicant proposes to handle;
(2)
The full name or title of the applicant or, if the applicant is an association or partnership, the name of each member of such association or partnership or, if the applicant is a corporation, the name of each officer of the corporation;
(3)
The names of the local agent or agents of the applicant, if any; and
(4)
The municipalities within which places of business of the applicant will be located, together with the street or mailing address of each such place of business.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-4 - Issuance of license

Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section
2-9-7
, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section
2-9-5
, a state license entitling the applicant to conduct business as a dealer in agricultural products. An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid.
Amended by 2013 Ga. Laws 262,§ 2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-5 - Bond - Required

Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that in the case of pecans, such bond shall not exceed $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation.
Amended by 2013 Ga. Laws 262,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-6 - Bond - Breach of conditions; complaint to Commissioner; hearing and settlement; action on bond; pro rata distribution of insufficient bond proceeds

(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
2-9-5
may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond.
(b)
Upon the filing of such complaint in the manner provided in this Code section, the Commissioner shall investigate the charges made and at his discretion order a hearing before him, giving the party complained of notice of the filing of such complaint and the time and place of such hearing. At the conclusion of the hearing the Commissioner shall report his findings and render his conclusion upon the matter complained of to the complainant and respondent in each case, who shall have 15 days thereafter in which to make effective and satisfy the Commissioner's conclusions.
(c)
If such settlement is not effected within such time, the Commissioner or the producer may bring an action to enforce the claim. If the producer is not satisfied with the ruling of the Commissioner, he may commence and maintain an action against the principal and surety on the bond of the parties complained of as in any civil action.
(d)
If the bond or collateral posted is insufficient to pay in full the valid claims of producers, the Commissioner may direct that the proceeds of such bond shall be divided pro rata among such producers.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-7 - Denial, suspension, or revocation of license - Grounds generally

The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has:
(1)
Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied;
(2)
Made false charges for handling or services rendered;
(3)
Failed to account promptly and properly or to make settlements with any producer;
(4)
Made any false statement or statements as to condition, quality, or quantity of goods received or held for sale when he could have ascertained the true condition, quality, or quantity by reasonable inspection;
(5)
Made any false or misleading statement or statements as to market conditions or service rendered;
(6)
Been guilty of a fraud in the attempt to procure or in the procurement of a license; or
(7)
Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer consigning the same or without notifying such producer.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-8 - Denial, suspension, or revocation of license - Notice and hearing

Before the Commissioner refuses a license or suspends or revokes any license, he shall give the applicant or licensee ten days' notice, by registered or certified mail or statutory overnight delivery, of a time and place of hearing. At such hearing the applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner finds that the applicant or licensee has committed any violation of this article or any of the rules or regulations promulgated hereunder, the Commissioner may refuse, suspend, or revoke such license. He shall give immediate notice of his action to the applicant or licensee.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-9 - Consignment records; settlement with producer

(a)
Every dealer in agricultural products, upon the receipt of agricultural products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying:
(1)
The name and address of the producer consigning such agricultural products;
(2)
The date of receipt;
(3)
The kind and quality of such products;
(4)
The amount of goods sold;
(5)
The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of "cash";
(6)
The selling price; and
(7)
The items of expenses connected therewith.
(b)
An "account of sales," together with payment in settlement for such shipment, shall be mailed to the producer within 48 hours after the sale of such agricultural products, unless otherwise agreed in writing.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-9.1 - Bale identification numbers on ginned cotton

Upon ginning cotton into bales, the ginner shall assign each bale a permanent bale identification number. No bale shall be removed from a gin except when accompanied by a cotton bale voucher issued by the gin, containing the permanent bale identification number and issued in the name of the cotton producer. Except for removal to a bonded warehouse in the name of the cotton producer, transfers or sales from the cotton producer after ginning shall be endorsed by his or her signature on the cotton bale voucher or forms authorized by the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-10 - Investigations

(a)
Upon the complaint of any interested person or upon his own initiative, the Commissioner shall have the power to investigate:
(1)
The record of any applicant or licensee;
(2)
Any transaction involving the solicitation, receipt, sale, or attempted sale of agricultural products;
(3)
The failure to pay proper and true accounts and settlements at prompt and regular intervals;
(4)
The making of false statements as to condition, quality, or quantity of goods received or in storage;
(5)
The making of false statements as to market conditions with intent to deceive;
(6)
The failure to make payment for goods received; or
(7)
Other alleged injurious transactions.
(b)
For the purposes specified in subsection (a), the Commissioner or his agents may examine the ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, at the place or places of business of the applicant or licensee, and may take testimony thereon under oath.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-11 - Inspections of damaged shipments; certificate

Whenever produce is shipped to or received by a licensed dealer for handling, purchase, or sale in this state at any market point and the dealer finds the produce to be in a spoiled, damaged, unmarketable, or unsatisfactory condition, unless both parties waive inspection before sale or other disposition thereof, the dealer shall cause the produce to be examined by an inspector assigned by the Commissioner for that purpose. The inspector shall execute and deliver a certificate to the applicant stating the day, the time, and the place of the inspection and the condition of the produce and shall mail or deliver a copy of such certificate to the shipper.