reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-3 - Powers and duties of the Commissioner

(a)
The Commissioner shall have the following powers and duties:
(1)
To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
(2)
To request from the Attorney General and any court, agency, or department such assistance and data as will enable the Commissioner to determine the losses of cotton producers for which indemnity payments are available pursuant to this chapter and whether, and the extent to which, a claimant qualifies for such compensation. Any person, corporation, partnership, court, agency, or department is authorized to provide the Commissioner with the information requested upon receipt of a request from the Commissioner. Any provision of law providing for confidentiality of records does not apply to a request of the Commissioner pursuant to this Code section; provided, however, that the Commissioner shall preserve the confidentiality of any such records received;
(3)
To investigate each individual claim, utilizing, to the extent necessary, electronic warehouse receipt records, financial and banking records, market price records, and other records and documentation necessary to verify the claim;
(4)
To reinvestigate or reopen denied claims for awards filed with the Commissioner pursuant to this chapter as the Commissioner deems necessary;
(5)
To apply for funds from, and to submit all necessary forms and reports to, any federal agency participating in a cooperative program to compensate cotton producers who are eligible for indemnity payments pursuant to this chapter and to receive and administer federal funds for the purposes of this chapter;
(6)
To make indemnity payments to eligible cotton producers in the manner authorized by this chapter. Indemnity payments shall be made directly to eligible cotton producers;
(7)
To carry out programs designed to inform affected cotton producers of the purposes and requirements of this chapter and the indemnity program created pursuant to this chapter; and
(8)
To make a report to the secretary of agriculture, Congress, the Governor, and the General Assembly on or before October 1, 1999, and a report upon concluding the affairs of the Georgia Cotton Producers Indemnity Fund of 1999 describing the state's efforts to use the indemnity fund to provide compensation to injured cotton producers.
(b)
The Commissioner and the department shall assist applicants with their claims for indemnity payments through educational programs and administrative assistance.
(c)
Neither rule making nor any proceeding or hearing under the program authorized by this chapter shall be subject in any way to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-4 - Claims by eligible cotton producers; filing; contents

(a)
A claim may be filed by an eligible cotton producer, as defined in Code Section
2-19-2
. In any case in which the person entitled to make a claim is mentally incompetent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.
(b)
A claim must be filed by the claimant not later than July 1, 1999; provided, however, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the office of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.
(c)
The claim shall be verified and shall contain the following:
(1)
The name, address, and telephone number of the claimant;
(2)
A description of the amount, nature, and circumstances of the loss;
(3)
A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;
(4)
An authorization permitting the Commissioner to verify the contents of the application; and
(5)
Such other information as the Commissioner may require.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-5 - Georgia Cotton Producers Indemnity Fund of 1999 created

(a)
There is created a fund to be known as the Georgia Cotton Producers Indemnity Fund of 1999. The Commissioner shall be the custodian of the fund, shall administer the fund, and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources.
(b)
The fund shall consist of $5 million of federal moneys received pursuant to section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277; all moneys appropriated by the General Assembly as required by section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, for the purpose of compensating claimants under this chapter; any other moneys made available to the fund; and any interest or earnings on such moneys accruing to the fund.
(c)
All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(d)
The Commissioner is authorized, subject to the limitations contained in this chapter, to disburse the appropriate indemnity payments to the persons eligible for such payments under this chapter from the Georgia Cotton Producers Indemnity Fund of 1999.
(e)
Following the receipt of all claims, the investigation of each claim, as necessary, and the making of a determination that an award should or should not be paid for each claim filed, the Commissioner is authorized to draw warrants upon the Georgia Cotton Producers Indemnity Fund of 1999 to pay the indemnity amounts granted to eligible recipients from such fund. If the total amount of all claims approved for payment exceeds the total amount available in the fund for such payments, a pro rata payment shall be made to each approved claimant in the proportion that such claimant's approved claim amount bears to the total of all approved claims.
(f)
If more than $5 million has been paid to cotton producers prior to January 1, 2000, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be expended as provided in Code Section
2-19-5.1
.
Amended by 2001 Ga. Laws 294, § 2, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-6 - Stipulations on acceptance of indemnity payments; recovery of payments by the Commissioner

(a)
Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.
(b)
Alternatively, if Congress so requires,
(1)
Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the Georgia Cotton Producers Indemnity Fund of 1999, any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be deemed a condition of any claim filed pursuant to this chapter.
(2)
The proceeds of any bond collected by the commissioner for the benefit of claimants, who have been paid by the Indemnity Fund, to that extent will be paid into the fund.
Amended by 2001 Ga. Laws 294, § 4, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-7 - Violations of chapter

Any person who asserts a false claim under the provisions of this chapter shall be guilty of a violation of Code Section
16-10-20
and, upon conviction, shall be punished as provided in such Code section. Upon conviction thereof, such person shall further forfeit any benefit received pursuant to this chapter and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 19 - GEORGIA COTTON PRODUCERS INDEMNITY FUND (§§ 2-19-1 — 2-19-8) › Section 2-19-8 - Appropriation of funds by the General Assembly

No indemnity payments shall be paid pursuant to this chapter unless the General Assembly appropriates not less than $5 million of state funds to the Georgia Cotton Producers Indemnity Fund of 1999, and such appropriated state funds become available to the fund on or before July 1, 1999, for the purpose of making indemnity payments. This chapter shall be repealed on July 1, 1999, if the General Assembly has not appropriated $5 million or more of state funds on or before such date to match the $5 million in federal funds made available for the purpose of making indemnity payments pursuant to the federal act. If this chapter is repealed pursuant to the provisions of this Code section, all moneys received from the United States pursuant to the federal act shall be repaid to the secretary of agriculture as provided in the federal act. If this chapter is repealed as provided in this Code section, the Commissioner and the department shall be authorized to assist the secretary of agriculture in determining eligibility of Georgia cotton producers for indemnity payments by the secretary.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 20 - SOUTHERN DAIRY COMPACT (§ 2-20-1) › Section 2-20-1 - through 2-20-5 - [Reserved]

Repealed by Ga. L. 2019, p. 919, § 3-1/HB 553, effective July 1, 2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-1 - Short title

This chapter shall be known and may be cited as the "Georgia Organic Certification and Labeling Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-2 - Definitions

As used in this chapter, the term:
(1)
"Certification" means the verification of authentic organic practices in the production or processing of organic food or feed and is an annual process by which the producer or processor of fresh, wholesale, or retail organic food or feed receives written certification from the department or a department approved certifying entity that, through the on-site inspection of the production, storage, processing, transportation, distribution, and required audit trail practices used by an organic producer or processor, consumers are assured that organic food or feed is produced and processed in compliance with Code Section
2-21-3
. For purposes of complying with Code Section
2-21-3
, certification does not require membership in nor imply a contractual agreement to produce or process organic food or feed for a certifying organic organization, business, firm, or individual. However, certification or the use of organic labeling shall require the maintenance of records and documentation verifying full compliance with the organic standards. All records shall be made available to the department or an approved certifying entity upon request.
(2)
"Certifying entity" means any organization, business, firm, or individual that:
(A)
Has standards for certification of organic food or feed production or processing which meet or exceed standards set by the department and which are approved in writing by the Commissioner or his or her designee; and
(B)
Meets such education, experience, financial, and ethical standards as are set by rules promulgated by the Commissioner and meets the requirements of Chapter 5 of this title.
(3)
"Commissioner" means the Commissioner of Agriculture of this state.
(4)
"Department" means the Georgia Department of Agriculture.
(5)
"Feed" means any article or substance normally intended to be consumed by animals for physical subsistence and health.
(6)
"Food" means any article or substance normally intended to be consumed by humans for physical subsistence and health.
(7)
"Organic" means an agriculture management system that enhances biodiversity, biological cycles, and soil biological activity to produce agricultural commodities and foster human and environmental health.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-3 - Certification requirements

(a)
Upon testing, any agricultural ingredient, article, commodity, or product which is identified, labeled, advertised, packaged, or promoted as organic shall contain no more than 5 percent of a level established as toxic by the United States Food and Drug Administration, the United States Environmental Protection Agency, the Environmental Protection Division of the Department of Natural Resources, or the United States Department of Agriculture.
(b)
Producers, brokers, distributors, and processors of an organic food or feed product which is identified, advertised, promoted, labeled, or packaged as organic shall keep accurate records of all purchasing, shipping, and storage practices which transpired while any organic commodity or product was in the possession of a producer, broker, distributor, or processor. Accurate records shall include the location at which such organic commodity or product originated.
(c)
On or after July 1, 2000, any qualifying organic production, distribution, or processing practices shall be deemed eligible for certification upon approval by the department. The department shall review any organic production, distribution, or processing practice which began prior to July 1, 2000, and may approve certification if such practice meets the requirements as set forth in this chapter and the standards adopted by the department.
Amended by 2001 Ga. Laws 2, § 2, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-4 - Packaging and labeling; registration required

(a)
No person may use the words "certified organic by" in the identification, advertising, promotion, packaging, or labeling of a food or feed ingredient, article, commodity, or product unless that ingredient, article, commodity, or product complies with the requirements of Code Section
2-21-3
and unless the producer, distributor, or processor has a certification in good standing from the department.
(b)
No person who produces, processes, distributes, or handles an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section
2-21-3
.
(c)
Any fresh, wholesale or retail organic food or feed ingredient, article, commodity, or product shall be tagged, stamped, labeled, crated, bagged, packaged, or be in any other standardized form which complies with state and federal regulations pertaining to inspection, identity, contents, weight, measure, and grade.
(d)
Any food or feed ingredient, article, commodity, or product labeled as organic must be certified by the department or a department approved certifying entity as meeting the requirements of this chapter prior to being sold in the State of Georgia after July 1, 2000.
(e)
On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $75.00 nor more than $1,000.00 per annum and may establish classes of certifying entities with different registration fees for each class. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
Amended by 2017 Ga. Laws 232,§ 1, eff. 7/1/2017.
Amended by 2010 Ga. Laws 360,§ 1-14, eff. 5/12/2010.
Amended by 2002 Ga. Laws 962, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-5 - Inspection and testing

(a)
The department or a department approved certifying entity may inspect at any reasonable time any area where food or feed identified, labeled, advertised, packaged, or promoted as organic food or feed is produced, processed, stored, distributed, transported, or sold.
(b)
The department or a department approved certifying entity may require a laboratory analysis for the purpose of substantiating the standard of identity of any organic ingredient, article, commodity, or product.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-6 - Rules and regulations

(a)
The Commissioner shall promulgate rules and regulations fixing and establishing reasonable definitions and standards for organic food and feed commodities or products being produced or sold within the State of Georgia.
(b)
The Commissioner may adopt, by reference, pursuant to Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act," regulations for production, handling, and marketing of organically produced agricultural products as set forth by the United States Department of Agriculture.
(c)
The Commissioner is authorized by rule or regulation to adopt fees which may be charged, collected, and retained by certifying entities as compensation for the services of such certifying entities under the provisions of this chapter.
(d)
The Commissioner is authorized to adopt reasonable rules and regulations necessary to carry out this chapter, to provide for the approval of certifying entities, and to provide for the certification of organic food and feed.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 21 - ORGANIC CERTIFICATION AND LABELING (§§ 2-21-1 — 2-21-8) › Section 2-21-7 - Right of appeal

Any person, producer, broker, distributor, or processor of an organic food or feed product which is adversely affected by any action of an approved certifying entity shall have the right to appeal to the Commissioner. Such appeal and any further proceedings shall be subject to Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 22 - POULTRY PRODUCTION CONTRACTS AND PRACTICES (§§ 2-22-1 — 2-22-5) › Section 2-22-1 - Definitions

As used in this chapter, the term:
(1)
"Contract grower or contract producer" means a producer of poultry who holds a legal interest in a contract operation and who produces poultry under a production contract at that contract operation.
(2)
"Integrator or processor" means a person who owns poultry that is produced by a contract grower or contract producer or who is engaged in the business of manufacturing goods from poultry, including by slaughtering or processing poultry.
(3)
"Production contract" means an agreement executed by an integrator or processor that provides for the production of poultry or the provision of management services relating to the production of poultry by a contract grower or contract producer in this state.
Added by 2004 Ga. Laws 568, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 22 - POULTRY PRODUCTION CONTRACTS AND PRACTICES (§§ 2-22-1 — 2-22-5) › Section 2-22-2 - Voidability of contracts by contract growers or producers; right and notice of cancellation

(a)
Any production contract entered into, extended, renewed, or amended on or after July 1, 2004, shall be voidable by the contract grower or contract producer if:
(1)
The contract grower or contract producer has not been afforded the opportunity to have the proposed production contract reviewed outside the business premises of the integrator or processor or its agents by an attorney or adviser of the contract grower's or contract producer's choosing for at least three business days prior to execution; provided, however, that this paragraph shall not apply to the mere extension or renewal of an existing contract with no change in material terms from the existing contract other than the period covered thereby;
(2)
The contract does not quote the provisions of subsection (b) of this Code section; or
(3)
The contract is not signed by all parties before chicks are placed with the contract grower or contract producer.
(b)
(1)
Unless waived in writing by the contract grower or contract producer at the time of signing a production contract, the contract grower or contract producer shall have a right to cancel a production contract until 12:00 Midnight of the third business day after the day on which he or she signs the contract or until chicks have been placed with the contract grower or contract producer, whichever occurs first.
(2)
Notice of cancellation under this subsection shall be given in writing to the integrator or processor at the place of business as set forth in the production contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted before termination of the right to cancel under paragraph (1) of this subsection. Notice of such written cancellation need not include any particular words or phrases to be effective so long as it indicates the intention of the contract grower or contract producer not to be bound by the production contract.
Added by 2004 Ga. Laws 568, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 22 - POULTRY PRODUCTION CONTRACTS AND PRACTICES (§§ 2-22-1 — 2-22-5) › Section 2-22-3 - Provision of statistical information and data to determine compensation

Any integrator or processor shall provide to any contract grower or contract producer upon request thereby any statistical information and data used to determine compensation paid to such contract grower or contract producer under a production contract, other than a trade secret as defined by Code Section
10-1-761
.
Added by 2004 Ga. Laws 568, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 22 - POULTRY PRODUCTION CONTRACTS AND PRACTICES (§§ 2-22-1 — 2-22-5) › Section 2-22-4 - Weighing and measuring of poultry

Any contract grower or contract producer or the designee thereof shall have the right to be present at the weighing of poultry produced by such grower or producer, be present at the weighing of feed delivered by the integrator or processor, and observe the weights and measures used to determine compensation due such grower or producer under a production contract.
Added by 2004 Ga. Laws 568, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 22 - POULTRY PRODUCTION CONTRACTS AND PRACTICES (§§ 2-22-1 — 2-22-5) › Section 2-22-5 - Application of Fair Business Practices Act

(a)
Violations of the provisions of Code Section
2-22-3
or
2-22-4
shall be subject to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," for persons whose business or property has been injured or damaged as a result of an unfair or deceptive act or practice in violation of subsection (a) of Code Section
10-1-393
.
(b)
The provisions of Code Section
2-22-3
or
2-22-4
may be enforced by the Commissioner in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," for enforcement of the provisions of said part by the Attorney General against a person reasonably appearing to have engaged in an unfair or deceptive act or practice in violation of subsection (a) of Code Section
10-1-393
, and the superior courts may grant injunctive relief and impose the same civil penalties for violations of injunctions as provided in said part.
Amended by 2015 Ga. Laws 187,§ 12, eff. 7/1/2015.
Added by 2004 Ga. Laws 568, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-1 - Short title

This chapter shall be known and may be cited as the "Georgia Hemp Farming Act."
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-2 - [Effective Until 10/1/2024] Intent

The intent of this chapter is to:
(1)
Promote exploration of the cultivation and processing of hemp and the potential to open up new commercial markets for farmers and businesses through the sale of hemp products;
(2)
Explore expansion of the state's hemp industry and allow farmers and businesses to begin to cultivate, handle, and process hemp and sell hemp products for commercial purposes;
(3)
Encourage and empower research into growing hemp and creating hemp products at universities and in the private sector;
(4)
Ultimately move the state and its citizens to the forefront of the hemp industry;
(5)
Balance the desire to explore the cultivation and processing of hemp with public health, safety, and welfare regarding the potential for unwanted and unlawful uses of chemical elements of hemp; and
(6)
Enable the department, licensees, and universities to promote the cultivation and processing of hemp and the commercial sale of hemp products.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-2 - [Effective 10/1/2024] Intent

The intent of this chapter is to:
(1)
Promote exploration of the cultivation and processing of hemp and the potential to open up new commercial markets for farmers and businesses through the sale of hemp products;
(2)
Explore expansion of the state's hemp industry and allow farmers and businesses to begin to cultivate, handle, and process hemp and sell hemp products for commercial purposes;
(3)
Encourage and empower research into growing hemp and creating hemp products at universities and in the private sector;
(4)
Ultimately move the state and its citizens to the forefront of the hemp industry;
(5)
Balance the desire to explore the cultivation and processing of hemp with public health, safety, and welfare regarding the potential for unwanted and unlawful uses of chemical elements of hemp; and
(6)
Enable the department, hemp grower licensees, and universities to promote the cultivation and processing of hemp and the commercial sale of hemp products.
Amended by 2024 Ga. Laws 498,§ 2, eff. 10/1/2024.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-3.1 - [Effective 10/1/2024] [Establishment of total delta-9-THC concentration]

(a)
For purposes of this chapter, delta-9-THC concentration shall be established by:
(1)
Identifying the total percentage weight, on a dry weight basis where applicable, of delta-9-THC from a sample that has undergone decarboxylation such that all delta-9-THCA in the sample has been converted to delta-9-THC; or
(2)
Identifying the sum of the percentage by weight, on a dry weight basis where applicable, of delta-9-THCA multiplied by 0.877 plus the percentage by weight, on a dry weight basis where applicable, of delta-9-THC.
(b)
For purposes of this chapter, when determining whether a tested sample of hemp or hemp products has a total delta-9-THC concentration that exceeds or is within the legal limit, such determination shall take into account the applicable measurement of uncertainty for the test used to establish the total delta-9-THC concentration. The department, by rules or regulations, may specify the method and procedure for determining the applicable measurement of uncertainty for a given test used to determine the total delta-9-THC concentration of a sample of hemp or hemp products.
Added by 2024 Ga. Laws 498,§ 4, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-4 - [Effective 10/1/2024] Required licenses; research by colleges and universities; processing of other products

(a)
Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for:
(1)
Any person to cultivate hemp in this state unless such person holds a hemp grower license issued by the department pursuant to this chapter or is employed by a hemp grower licensee ;
(2)
A permittee to accept hemp for processing from any person other than a hemp grower licensee or a college or university authorized to conduct research pursuant to subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this subsection;
(3)
A hemp grower licensee to provide or sell hemp to any person other than another hemp grower licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the hemp grower licensee enters into an agreement pursuant to Code Section
2-23-7
, unless such person is located in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States, or otherwise in accordance with regulations promulgated by the United States Department of Agriculture, and such person is authorized to grow or process hemp in that state;
(4)
A permittee to accept for processing any hemp grown outside of the State of Georgia, unless such hemp is grown in a state with a plan to regulate hemp production that is approved by the secretary of agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture;
(5)
A permittee to process hemp pursuant to a hemp processor permit outside of the State of Georgia, unless such processing occurs in a state with a plan to regulate hemp production that is approved by the secretary of agriculture o f t h e United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture;
(6)
Any hemp grower licensee or permittee to otherwise fail to comply with the requirements of this chapter or any applicable state or federal law or regulation;
(7)
Any person to offer for sale at retail the flower or leaves of the Cannabis sativa L. plant, regardless of the total delta-9-THC concentration in such flower or leaves; provided, however, that this paragraph shall not prohibit the sale of any hemp products that include extracts or derivatives of the flower or leaves of such plant; or
(8)
Any person to cultivate or handle hemp in any structure that is used for residential purposes.
Amended by 2024 Ga. Laws 498,§ 5, eff. 10/1/2024.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2021 Ga. Laws 261,§ 2, eff. 5/7/2021.
Amended by 2020 Ga. Laws 484,§ 2, eff. 7/22/2020.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-6.2 - [Effective 10/1/2024] [Retail consumable hemp establishment licenses]

(a)
Except as otherwise provided in this chapter, consideration, issuance, and revocation of retail consumable hemp establishment licenses issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such licenses shall otherwise be governed by such chapter.
(b)
Applications for a retail consumable hemp establishment license shall be made on a form furnished by the Commissioner and, together with such other information as the Commissioner may require, shall state:
(1)
The name of the applicant;
(2)
The business address of the applicant;
(3)
The complete telephone number and email address of the applicant;
(4)
The location where the applicant will sell or offer for sale consumable hemp products in this state and whether such location is owned or leased by the applicant; and
(5)
If the applicant is a business entity, the name of the owners, partners, members, or shareholders of such entity.
(c)
Retail consumable hemp establishment licenses shall be issued by the department for one calendar year at an annual licensing fee of $250.00.
(d)
Retail consumable hemp establishment licenses issued by the department pursuant to this Code section shall be issued in connection with a single retail location where consumable hemp products will be sold or offered for sale to consumers by the licensee. For a person to sell or offer for sale consumable hemp products to consumers at multiple retail locations, such person shall be required to obtain from the department separate retail consumable hemp establishment licenses for each such retail location.
Added by 2024 Ga. Laws 498,§ 10, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-6.3 - [Effective 10/1/2024] [Wholesale consumable hemp licenses]

(a)
Except as otherwise provided in this chapter, consideration, issuance, and revocation of wholesale consumable hemp licenses issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such licenses shall otherwise be governed by such chapter.
(b)
Applications for a wholesale consumable hemp license shall be made on a form furnished by the Commissioner and, together with such other information as the Commissioner may require, shall state:
(1)
The name of the applicant;
(2)
The business address of the applicant;
(3)
The complete telephone number and email address of the applicant;
(4)
The location of the facility where the applicant will store consumable hemp products and otherwise operate as a wholesaler of consumable hemp products in this state and whether such facility is owned or leased by the applicant; and
(5)
If the applicant is a business entity, the name of the owners, partners, members, or shareholders of such entity.
(c)
Wholesale consumable hemp licenses shall be issued by the department for one calendar year at an annual licensing fee of at least $500.00 but not more than $10,000.00, as established by the Commissioner. The Commissioner may establish separate classes of wholesale consumable hemp licenses based on the amount of consumable hemp products to be sold by the licensee, and the annual licensing fees required by this subsection shall be in different amounts for each such separate class of wholesale consumable hemp licenses.
(d)
Wholesale consumable hemp licenses issued by the department pursuant to this Code section shall be issued in connection with a single facility where the licensee will store consumable hemp products or otherwise operate as a wholesaler of consumable hemp products. For a person to store consumable hemp products or otherwise operate as a wholesaler of consumable hemp products at multiple facilities, such person shall be required to obtain from the department separate wholesale consumable hemp licenses for each such facility.
Added by 2024 Ga. Laws 498,§ 10, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-6.4 - [Effective 10/1/2024] [Manufacturer licenses]

(a)
Except as otherwise provided in this chapter, consideration, issuance, and revocation of manufacturer licenses issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such licenses shall otherwise be governed by such chapter.
(b)
Applications for a manufacturer license shall be made on a form furnished by the Commissioner and, together with such other information as the Commissioner may require, shall state:
(1)
The name of the applicant;
(2)
The business address of the applicant;
(3)
The complete telephone number and email address of the applicant;
(4)
The location of the facility where the applicant will manufacture hemp products in this state and whether such facility is owned or leased by the applicant; and
(5)
If the applicant is a business entity, the name of the owners, partners, members, or shareholders of such entity.
(c)
Manufacturer licenses shall be issued by the department for one calendar year at an annual licensing fee of $5,000.00; provided, however, that any person who holds a hemp processor permit issued by the department under this chapter shall not be required to pay the annual licensing fee provided for in this subsection in order for such person to be issued a manufacturer license by the department under this Code section.
(d)
Manufacturer licenses issued by the department pursuant to this Code section shall be issued in connection with a single facility where the licensee will manufacture hemp products. For a person to manufacture hemp products at multiple facilities, such person shall be required to obtain from the department separate manufacturer licenses for each such facility.
Added by 2024 Ga. Laws 498,§ 10, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-6.5 - [Effective 10/1/2024] [Registered laboratory]

(a)
Any person desiring to perform in this state tests or analyses of any plant within the genus Cannabis, including but not limited to hemp, or any product made or derived from such plant, including but not limited to hemp products and consumable hemp products, shall register with the department as a registered laboratory and pay a one-time registration fee of $250.00.
(b)
Except as otherwise provided in this chapter, consideration, acceptance, and revocation of a registration made pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such registration shall otherwise be governed by such chapter.
(c)
Registration with the department as a registered laboratory shall be made on a form and in a manner as prescribed by the Commissioner. Such registration shall include, together with such other information as the Commissioner may require, the following information:
(1)
The name of the registrant;
(2)
The business address of the registrant;
(3)
The complete telephone number and email address of the registrant;
(4)
The location of the laboratory facility where the registrant will perform tests and analyses of any plant within the genus Cannabis or any product made or derived from such plant; and
(5)
If the registrant is a business entity, the name of the owner, partners, members, or shareholders of such entity.
(d)
The department shall not accept a registration under this Code section unless the registrant demonstrates, to the department's satisfaction, that it is not affiliated with any licensee or permittee and has been accredited pursuant to the standards of the International Organization for Standardization for the competence, impartiality, and consistent operation of laboratories.
(e)
Registrations made under this Code section shall be in connection with a single laboratory facility. For a person to perform tests or analyses of any plant within the genus Cannabis or any product made or derived from such plant at multiple laboratory facilities, such person shall be required to register each such laboratory facility with the department under this Code section.
(f)
A registered laboratory, or any person employed by a registered laboratory, shall not be subject to arrest, prosecution, or any civil penalty for possessing, or having under his or her control, THC or marijuana, as such term is defined in Code Section
16-13-21
, provided that such possession or control occurs in connection with a test or analysis performed in accordance with the rules and regulations promulgated by the department pursuant to this chapter.
(g)
The department shall provide by rule and regulation a procedure by which registered laboratories shall dispose of plants or products within their possession that do not comply with the provisions of this chapter or are otherwise unlawful under the laws of this state.
Added by 2024 Ga. Laws 498,§ 10, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-8 - [Effective Until 10/1/2024] Sampling and random testing of hemp

(a)
(1)
The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section
2-23-9
, to collect samples of hemp for testing as provided for in this chapter from the fields and greenhouses of all licensees. Samples shall be representative of each lot with the same global positioning coordinates. No hemp shall be harvested until such samples are collected. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with this chapter and with regulations promulgated by the department.
(2)
In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, the licensee's entire lot with the same global positioning coordinates shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
(b)
(1)
The department shall, as provided for in Code Section
2-23-9
, randomly test hemp products of the facilities of all permittees. Such testing shall be conducted in compliance with this chapter and with regulations promulgated by the department.
(2)
In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, all related hemp products shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
(3)
In the event that THC is removed from hemp during processing and not subsequently returned to hemp products produced from such hemp, such THC shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
Amended by 2021 Ga. Laws 261,§ 7, eff. 5/7/2021.
Amended by 2020 Ga. Laws 484,§ 6, eff. 7/22/2020.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-8 - [Effective 10/1/2024] Sampling and random testing of hemp

(a)
(1)
The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section
2-23-9
, to collect samples of hemp for testing as provided for in this chapter from the fields and greenhouses of all hemp grower licensees. Samples shall be representative of each lot with the same global positioning coordinates. No hemp shall be harvested until such samples are collected. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with this chapter and with regulations promulgated by the department.
(2)
In the event that a test reveals that a sample of hemp has a total delta-9-THC concentration that exceeds the legal limit , the licensee's entire lot with the same global positioning coordinates shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
(b)
(1)
The department shall, as provided for in Code Section
2-23-9
, randomly test hemp products of the facilities of all permittees. Such testing shall be conducted in compliance with this chapter and with regulations promulgated by the department.
(2)
In the event that a test reveals that a sample of hemp products has a total delta-9-THC concentration that exceeds the legal limit , all related hemp products shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
(3)
In the event that THC is removed from hemp during processing and not subsequently returned to hemp products produced from such hemp, such THC shall be disposed of in compliance with this chapter and with regulations promulgated by the department.
Amended by 2024 Ga. Laws 498,§ 12, eff. 10/1/2024.
Amended by 2021 Ga. Laws 261,§ 7, eff. 5/7/2021.
Amended by 2020 Ga. Laws 484,§ 6, eff. 7/22/2020.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 23 - HEMP FARMING (§§ 2-23-1 — 2-23-12) › Section 2-23-9 - Contracting for testing, certification, regulatory, and grading functions

The department shall be authorized to enter into a contract or contracts with one or more entities to conduct the testing provided for in Code Section
2-23-8
as well as to include the certification, regulatory, and grading functions pursuant to this chapter and regulations promulgated by the department. The department shall additionally comply with all federal inspection, reporting, and auditing requirements.
Amended by 2020 Ga. Laws 484,§ 7, eff. 7/22/2020.
Added by 2019 Ga. Laws 314,§ 1, eff. 5/10/2019.