reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-15 - Grain moisture testing equipment - Standards; inspections

It shall be the duty of the Commissioner to adopt standards for moisture testing equipment utilized in determining the moisture content of grain offered for sale in this state. Upon the establishment of such standards, it shall be unlawful for any person to utilize any such equipment which does not comply with the standards established pursuant to this Code section. It shall be the duty of the Commissioner to enforce this Code section and to make such inspections as shall be necessary to assure that all moisture testing equipment complies with the standards.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-16 - Grain moisture testing equipment - Operator to obtain permit

No person shall operate moisture testing equipment to determine the moisture content of grain offered for sale unless such person shall be trained in the operation thereof and shall have obtained a permit from the Commissioner after submitting proof to the Commissioner of his ability to such equipment. Any such permit shall be valid until suspended or revoked for cause after notice and hearing, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." There shall be no fee for such permit.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-17 - Inspection of scales used in intrastate shipments

The Commissioner is authorized to inspect scales used for the calculation and determination of fees or charges for the transportation of bulk materials, packages, goods, and commodities in intrastate shipments by rail, parcel services, motor vehicles, motor transport, buses, and airlines.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-18 - When weight, measure, or weighing or measuring device presumed used in business

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used in the business conducted at such place.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-19 - Manner of display of measurement of compressed natural gas on dispensing devices

(a)
As used in this Code section, the term "compressed natural gas" means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel.
(b)
Notwithstanding any provision contained in the National Institute of Standards and Technology Handbook or any other national standard that may be adopted in this state by law or regulation, any dispensing device used to dispense compressed natural gas for use as a motor vehicle fuel may display the measurement of compressed natural gas in gallon equivalent units or fractions thereof and may compute the sales price of compressed natural gas according to such units or fractions thereof; provided, however, that such gallon equivalent shall contain not less than 110,000 British thermal units.
Amended by 2015 Ga. Laws 70,§ 4-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-20 - Enjoining violations

The Commissioner or his representative, at the discretion of the Commissioner, is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-21 - Administrative penalty for violations; judicial review; proceedings for collection

(a)
As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated this article or any rules, regulations, or orders promulgated pursuant to this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(b)
Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c)
All penalties recovered as provided in this Code section shall be paid into the state treasury.
(d)
The Commissioner may file in the superior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court.
(e)
The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any orders, rules, or regulations promulgated pursuant thereto.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-22 - Criminal penalty for violations

Any person, firm, partnership, corporation, society, or association who shall violate this article, relating to weights and measures in general, or any rule or regulation promulgated pursuant to this article, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-23 - Sale and measurement of pulpwood, sawtimber, poles, and other types of timber

All pulpwood, sawtimber, poles, and other types of timber sold or measured in this state by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds. Nothing in this Code section shall prohibit the sale or measurement of such products by measured volume, so long as such measurement is not calculated by weight.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-40 - Persons who may be licensed and known as certified public weighers

Any person who shall weigh, measure, or record the indications or readings of weighing or measuring and declare the weight, measure, reading, or recording to be the true weight, measure, reading, or recording of any commodity, article, or product may be licensed under this article and shall be known as a certified public weigher of Georgia.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-41 - License required; application; issuance

(a)
Any person who desires to be a certified public weigher in this state shall apply for and obtain a license permit from the Commissioner by filing a formal application as follows:
I, __________________, a citizen of the United States, residing at __________________, County of __________________, having familiarized myself with the law relative to licensing of certified public weighers, do hereby make application for license permit as a certified public weigher.
I certify that I am morally and physically fit to perform the duties imposed upon a certified public weigher and that I will, if licensed, faithfully and accurately make true recordings and will comply with the law and rules and regulations relating to certified public weighers to the best of my knowledge and ability.
__________________
__________________
Name
Address
We, the undersigned, being citizens of Georgia, do certify that the applicant herein is a person of good moral character and that the statements made in the foregoing application are true to the best of our knowledge and belief and that our endorsement is without fear of embarrassment.
__________________
__________________
Name
Address
__________________
__________________
Name
Address
__________________
__________________
Name
Address
(b)
Upon his appointment as a certified public weigher, a license permit shall be issued to him authorizing the applicant to weigh, measure, and record any and all commodities.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-42 - Duration of license; fees; cost of seals

Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $15.00 shall be paid to the Commissioner by each person so licensed at the time application is filed. A fee of $15.00 shall be required for each renewal of a license as a certified public weigher. In addition thereto, the applicant shall pay the actual cost of seals required under this article. 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,§ 1-27, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-43 - Revocation of license permit for malfeasance or violation; notice and hearing

After reasonable notice and opportunity for a hearing before the Commissioner, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," any license permit as a certified public weigher may be revoked by the Commissioner for malfeasance in office or for the violation of this article or for violation of any rule or regulation promulgated under the terms of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-45 - Certified public weigher's official seal

It shall be the duty of every certified public weigher licensed under this article to obtain through the Department of Agriculture an official seal which shall have inscribed thereon the following words: "Georgia Certified Public Weigher" or such other design or legend as the Commissioner may deem appropriate. The seal shall be stamped or impressed upon each and every weight, measure, count, reading, or recording certificate issued by such certified public weigher. When so applied, the certificate shall be recognized and accepted as a declaration of the official, true, and accurate weight, measure, count, reading, or recording of the commodity, product, or article weighed, measured, or counted with the tolerance allowed by Article 1 of this chapter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-46 - Issuance of official seals to licensed tobacco warehousemen

For the weighing of leaf tobacco sold or offered for sale at a licensed tobacco warehouse, an official seal for certification of all weights made at the warehouse may be issued directly to the licensed warehouseman and may be used for all weighings made at the warehouse, provided that all weighings shall be made by certified public weighers.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-47 - Return of seal on termination of duties

In the interest of public welfare, the seal provided for a certified public weigher shall be the property of the State of Georgia and shall be returned to the Commissioner upon termination of the duties as a certified public weigher.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-48 - Duties of certified public weighers

It shall be the duty of bonded certified public weighers licensed under this article to issue certificates of weight, measure, count, or recording on forms to be approved by the Commissioner and to comply with this article and the rules and regulations promulgated relating thereto.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-49 - Use of untested weight, measure, or device prohibited

It shall be unlawful for any certified public weigher to use any weights, measures, reading, or recording device which has not been tested and approved by the Commissioner or his assistant, deputy, or inspector in accordance with Article 1 of this chapter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-50 - Weighing leaf tobacco and livestock

(a)
On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a certified public weigher who has been licensed by the Commissioner.
(b)
Livestock of any kind sold or offered for sale at any sales or auction barn shall be weighed by a certified public weigher who has been licensed by the Commissioner.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-51 - Sale of coal or coke by itinerant dealer without having weight certified; penalty

Any itinerant dealer who shall sell or offer to sell coal or coke by a weight other than a weight certified by a person licensed under this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-52 - Commissioner of Agriculture to administer article; rules and regulations; regulation of livestock auction barns

This article shall be administered by the Commissioner of Agriculture, and he is empowered to make and promulgate rules and regulations necessary for the enforcement of this article and may regulate sales order of livestock at auction sales barns.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-53 - Administrative penalty for violation of article or order, rule, or regulation; judicial review; proceedings for collection

(a)
As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated this article or any rules, regulations, or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(b)
Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c)
All penalties recovered as provided in this Code section shall be paid into the state treasury.
(d)
The Commissioner may file in the superior court wherein the person under order resides, or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment has been rendered in a suit duly heard and determined by the court.
(e)
The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any orders, rules, or regulations promulgated pursuant thereto.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 2 - CERTIFIED PUBLIC WEIGHERS (§§ 10-2-40 — 10-2-54) › Section 10-2-54 - Criminal penalties for violations; revocation of licenses; forfeiture of seals

(a)
Any certified public weigher who shall issue a certificate giving a false weight, measure, count, or reading, or who shall misrepresent the weight, measure, count, or reading of any commodity, produce, or article, or who shall otherwise violate this article or any of the rules promulgated by authority of this article shall be guilty of a misdemeanor; and, in addition thereto, his license as a certified public weigher shall be revoked and he shall forfeit his seal, which, when so forfeited, shall be turned over to the Commissioner.
(b)
Any person, firm, or corporation who shall request a certified public weigher to weigh, measure, count, read, or record any commodity, product, or article falsely or incorrectly or who shall request a false or inaccurate certificate of weight, measure, count, reading, or recording; or any person issuing a certificate of weight, measure, count, or recording within the meaning of this article who is not licensed as a certified public weigher in accordance with this article; or any person who shall in any way impersonate by acting as, or for, a certified public weigher; or any person who shall erase, change, or alter any certificate issued by a certified public weigher, shall be guilty of a misdemeanor.
(c)
Failure or refusal of a person licensed as a certified public weigher under this article to surrender the official seal to the Commissioner upon termination of his license or for malfeasance in office shall be a misdemeanor, and any person convicted thereof shall be punished by a fine of not less than $10.00 nor more than $200.00, or by imprisonment for not more than three months, in the discretion of the court.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-1 - Transfer of secured note carries security

The transfer of notes secured by a mortgage or otherwise conveys to the transferee the benefit of the security. If more than one note is secured and the mortgagee transfers some and retains others, the holder of the transferred notes has a preference over the mortgagee if the security is insufficient to pay all the notes.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-2 - Endorser sued with maker, drawer, or acceptor

In all cases the endorser may be sued in the same action and in the same county with the maker or drawer or acceptor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-3 - Certain notes or contracts for patent rights, copyrights, or proprietary rights - Consideration to be stated

All promissory notes, contracts, or other evidences of debt taken by any person, agent, company, or corporation for the purchase price of any patent right, copyright, or proprietary right or territory for the sale of any such right or for the sale of any patented article or thing or copyrighted article or thing or where there is a proprietary ownership or right and sold by such person, agent, company, or corporation through or by any peddler, agent, or traveling salesman traveling for the purpose of making such sales shall have expressed on the face of such note, contract, or other evidence of debt the consideration of the same, stating the thing or article for which the same was given, provided this Code section shall not apply to merchants or manufacturers selling and delivering such goods directly from their stores or warehouses in the regular course of business.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-4 - Certain notes or contracts for patent rights, copyrights, or proprietary rights; purchaser takes subject to equities

Any person, firm, company, or corporation who may purchase any note, contract, or other evidence of debt given for any of the articles or things set forth in Code Section
10-3-3
when the consideration of said note is expressed on the face thereof as is provided in said Code section, whether before due and without notice or otherwise, where the consideration is so expressed, shall take the same with all the equities existing between the original parties; and the maker of such note, contract, or other evidence of debt shall have the right to make any defense to the payment of same as against such purchasers that could have been made against the original payee.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-5 - Certain notes or contracts for patent rights, copyrights, or proprietary rights - Penalty for violation of Code Section 10-3-3

If any person shall violate Code Section
10-3-3
by selling any of the articles mentioned in that Code section without expressing on the face of notes or contracts or other evidences of debt given for the purchase price the article or thing for which the same was given, he shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 3 - NOTES AND OTHER EVIDENCES OF DEBT (§§ 10-3-1 — 10-3-6) › Section 10-3-6 - Requirement to satisfy definition of issuer

Notwithstanding any provision of law to the contrary, a bank operating under the authority of any territory of the United States shall satisfy the definition of an issuer provided in Code Section
11-5-102
.
Added by 2018 Ga. Laws 356,§ 3, eff. 7/1/2018.
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 10-4-1 - Short title

This article shall be known and may be cited as the "Georgia State Warehouse Act."
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 10-4-2 - Definitions

As used in this article, the term:
(1)
"Agricultural product" means individually and collectively all grains, cotton, meat, fruits, vegetables, and other farm products offered or accepted for storage in their raw or natural state; provided, however, that products which have been processed only to the extent of shelling, cleaning, and grading shall be included; and, provided, further, that any warehouseman storing refrigerated or processed agricultural products may, at his option, come under the operation of this article.
(2)
"Commissioner" means the Commissioner of Agriculture.
(3)
"Grain" means all products commonly classed as grain, such as wheat, corn, oats, barley, rye, rice, field peas, soybeans, clover, grain sorghum, and other products ordinarily stored in grain warehouses.
(4)
"Person" means any individual, partnership, firm, corporation, association, or other organized group having a joint or common interest.
(5)
"Producer" means a farmer or grower of agricultural products.
(6)
"Public warehouse" or "warehouse" means any building, structure, or other enclosure other than a refrigerated building or structure in this state at which any agricultural product is received from the public for storage for hire.
(7)
"Receipt" means a warehouse receipt issued under this article.
(8)
"Storer" means the depositor of agricultural products stored under a nonnegotiable receipt or the holder of a negotiable receipt for such products issued by a warehouseman licensed under this article.
(9)
"Warehouseman" means a person engaged in the business of operating a warehouse or any person who uses or undertakes to use a warehouse for the purpose of storing agricultural products for compensation for more than one person; provided, however, that any person operating a warehouse not covered by this article may elect to come under this article.
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 10-4-3 - State warehouse section established; supervisor of section

Within the police powers of the state and for the general welfare, there is established as provided in this article a warehouse system for the State of Georgia as a section of the Marketing Division of the Department of Agriculture under the supervision and control of the Commissioner of Agriculture. The Commissioner is authorized to appoint a supervisor of such section, subject to the provisions of Chapter 20 of Title 45. The supervisor shall give bond in such amount as the Commissioner shall determine for the faithful performance of his duties and the proper accounting of all funds coming into his hands.
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 10-4-4 - Exemptions from article; warehousemen electing to be covered

(a)
The provisions of this article shall not be construed to apply to:
(1)
Any warehouse licensed under the United States Warehouse Act, as amended, if the licensee has in effect a federal bond in an amount not less than the amount of the bond which would be required under subsections (a) and (b) of Code Section
10-4-12
; or
(2)
Any warehouse kept or maintained by any warehouseman on the premises of any other person under a contract between the warehouseman and the other person for the primary purpose of storage therein of agricultural products of the other person, provided that no agricultural products are stored therein for the account of any producer other than the other person; provided, however, that such warehouseman may come under this article at his option.
(b)
Any person, firm, corporation, or association storing peanuts, cottonseed, or tobacco may be required only, at his or its option, by application, to qualify and come 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 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-5 - Powers and duties of Commissioner; annual reports; adoption of rules and regulations

(a)
It shall be the duty of the Commissioner to foster and promote in every possible way good warehousing practices so as to afford proper storage of agricultural products; to enforce with vigilance this article; to promulgate such rules and regulations having the force and effect of law as will effectuate the purposes of this article.
(b)
The Commissioner shall, on or before January 1, prepare and submit to the Governor and the General Assembly a report covering all the activities of the Commissioner for the preceding year which shall, among other things, show the number of licenses issued, the number of warehouse examinations made on application for license, and the number of examinations of warehouses to ascertain whether their operation, condition, and business are in compliance with this article and the rules and regulations promulgated under this article. The report shall account for all fees collected and money expended and shall indicate the fiscal needs for administration of this article for the succeeding year. The report may be printed by the Commissioner and distributed to any persons, organizations, and public officials as may be interested.
(c)
The Commissioner is authorized to investigate the storage and weighing of agricultural products; at any time, to examine or cause to be examined all warehouses under this article and all agricultural products stored therein; to determine whether such warehouses are suitable for the proper storage of the agricultural product or products stored or proposed to be stored therein; and to classify such warehouses in accordance with their ownership, location, surroundings, capacity, conditions, and other qualities, and as to the kinds of licenses issued or that may be issued for them pursuant to this article.
(d)
The Commissioner may make such rules and regulations as are necessary or appropriate governing the operation of warehouses under this article with respect to their receipt, care, and delivery of and responsibility for agricultural products received at such warehouses for storage; the issuance, cancellation, division, and consolidation of receipts and other matters relative to the management of the business of such warehouses; and such other rules and regulations as are necessary or appropriate to carry out this article, to the end that any farmer or producer or storer of agricultural commodities may be assured that agricultural products stored by him are maintained in as nearly the same status as practicable according to the grade, standard, and condition as when stored.
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 10-4-6 - Procedure for adopting or changing rules and regulations; administrative review of objections

(a)
Prior to the adoption or change of any rule or regulation, the Commissioner shall promulgate the proposed rule or regulation or change and afford interested persons opportunity to be heard and submit data and views orally or in writing.
(b)
Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner and who believes that the Commissioner, in the promulgation or enforcement of such rule or regulation, has exceeded authority vested in him by the General Assembly under the Constitution of Georgia or of the United States shall have the right to petition the Commissioner of Agriculture for the repeal or revision of such rule by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and afford the petitioner an opportunity to be heard within 30 days and, after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures within 30 days after the hearing to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy; and every person affected by any rule or regulation or any act of the Commissioner is required to exhaust this remedy before taking any other steps, except as otherwise provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
All hearings before the Commissioner shall be stenographically reported by a qualified court reporter and shall be available to any interested party upon payment of the stenographic costs.
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 10-4-7 - Uniform application of orders, fees, rules, and regulations

All rules and regulations, orders, schedules of charges, and fees approved or promulgated or issued by the Commissioner under the terms of this article shall be of uniform application to all warehouses of the same class throughout 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 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-8 - Existing interstate commerce regulations not affected

Nothing contained in this article shall be interpreted so as to conflict with any existing regulations of the federal government, or of the federal and state governments jointly, governing inspection of goods in interstate commerce.
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 10-4-9 - Judicial review of administrative decision

Any person aggrieved by a final determination or decision of the Commissioner in any matter in which a hearing is required or authorized by this article or the state or federal constitutions is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for the judicial review of contested cases.
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 10-4-11 - License for person electing to comply with article and regulations

If not otherwise required by this article, any person operating a warehouse for the storage of agricultural products may elect to come within this article and, upon approval of the Commissioner, may be licensed under this article. As a condition to the granting of a license under this article, the applicant must agree to comply with this article and any and all regulations promulgated under this article, as well as any and all regulations issued by the Commissioner relating to the storage of agricultural products in the warehouse of the applicant.
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 10-4-12 - Bond required; additional bond

(a)
Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed 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 Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 15 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, that the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $300,000.00.
(b)
If a warehouseman is also a grain dealer, the amount of the required bond shall be the greater of the bond required by subsection (a) of this Code section or the bond required under Code Section
2-9-34
for grain dealers who are not licensed under this article.
(c)
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 by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by a written demand therefor, or if the bond of the warehouseman is canceled, the license of such warehouseman shall be immediately revoked by operation of law without notice or hearing. Code Sections
10-4-6
and
10-4-7
shall apply to this as well as all other Code sections of this article.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2010 Ga. Laws 360,§ 1-28, 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 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-13 - Bonded and licensed warehouse may be designated as state bonded

Upon the filing with and approval by the Commissioner of a bond, in compliance with this article, for the conduct of a warehouse under this article, such warehouse may be designated as state bonded under this article; but no warehouse shall be designated as a state bonded warehouse under this article and no name or description conveying the impression that it is so bonded shall be used unless a bond, as provided for in Code Section
10-4-12
, has been filed with and approved by the Commissioner and unless a license issued under this article for the conduct of such warehouse is valid and effective.
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 10-4-14 - Actions on bonds

(a)
Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section
10-4-12
may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint 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 the 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 or his hearing officer giving all parties concerned 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 concerning the complaint to the complainant and respondent in the case, who shall have 15 days following such report 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 claimant may institute appropriate legal proceedings to enforce the claim. If the claimant 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 against whom the complaint is registered, as in any civil action.
(d)
If the bond or collateral posted is insufficient to pay the valid claims of claimants in full, the Commissioner may direct that the proceeds of the bond shall be divided pro rata among the claimants.
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 10-4-15 - Inspections of warehouses

In addition to the general powers conferred by Code Section
10-4-5
, the Commissioner and his or her duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural products stored so as to ascertain the conditions of such products and to determine whether or not the business is conducted in such a manner as to protect the interest of persons who are storing or may store such products. The inspectors shall make sworn reports of their findings to the Commissioner, who shall hold and keep such reports in the records of his or her office. Such inspections shall be made as often as deemed necessary by the Commissioner, but not less than twice during any license period and, in addition, as often as requested by the warehouseman.
Amended by 2011 Ga. Laws 52,§; 16, eff. 1/1/2013.
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 10-4-16 - Inspectors and examiners to be bonded

Each inspector and examiner employed by the Commissioner for the inspection and examination of warehouses licensed under this article shall be bonded in an amount not less than $5,000.00, or in such greater amount as the Commissioner deems necessary, for the faithful performance of his duties and for the proper accounting of all funds coming into his hands. The cost of the bond shall be paid by the Department of Agriculture.
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 10-4-17 - License fees

Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The amount paid shall be based on storage capacity and shall be at least $600.00 and no more than $2,500.00 for grain or cotton warehouses and $600.00 to $2,500.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on June 30 of each year, and each application for license must be accompanied by the license fee. 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,§ 1-29, eff. 5/12/2010.
Amended by 2001 Ga. Laws 332, § 3, eff. 7/1/2001.
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 1 - STATE LICENSED AND BONDED WAREHOUSES (§§ 10-4-1 — 10-4-33) › Section 10-4-18 - Delivery to warehouse presumably for storage

Any agricultural product delivered to a warehouse under this article shall be presumed to be delivered for storage.
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 10-4-20 - Essential terms of warehouse receipts; liability for omission

(a)
Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms:
(1)
The location of the warehouse where the goods are stored;
(2)
The date of issue of the receipt;
(3)
The consecutive number of the receipt;
(4)
A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order;
(5)
The rate of storage charges;
(6)
A description of the goods or of the packages containing them;
(7)
The signature of the warehouseman, which may be made by his authorized agent;
(8)
If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership;
(9)
A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient; and
(10)
The amount and rate of insurance on the goods, provided that, if there is no insurance thereon by reason of an agreement with the depositor, the receipt shall be so stamped.
(b)
A warehouseman shall be liable to any person injured thereby for all damage caused by the omission from a negotiable receipt of any of the terms required by this Code section.