reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-39 - Additional definitions

As used in Code Sections
10-1-40
through
10-1-42
, the term:
(1)
"Induce" means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced.
(2)
"Lessee" means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract.
(3)
"Lessor" means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts.
(4)
"Motor vehicle lease contract" means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement.
(5)
"Subject motor vehicle" means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract.
(6)
"Sublease" means:
(A)
To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or
(B)
To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective.
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 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-40 - Unlawful inducement of motor vehicle buyer or lessee under contract to sublease vehicle; unlawful offering of vehicle for hire by sublessee

(a)
It is unlawful for any person to induce the buyer of a motor vehicle under a retail installment contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the holder of the retail installment contract.
(b)
It is unlawful for any person to induce the lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the lessor under the motor vehicle lease contract.
(c)
It is unlawful for any person who is the sublessee of a motor vehicle to offer the motor vehicle for hire or to offer it to another person to offer for hire if such person induced the sublease of the motor vehicle in violation of subsection (a) or (b) of this Code section or if such person knew or reasonably should have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of this Code section.
(d)
Any person who violates any provision of subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-41 - Actions brought by persons suffering damage against person inducing unlawful sublease of motor vehicle; remedies

(a)
Any one or more of the following persons may suffer damage as a result of a violation of subsection (a) or (b) of Code Section
10-1-40
:
(1)
The holder of a retail installment contract;
(2)
The lessor of a motor vehicle under a motor vehicle lease contract;
(3)
The buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a motor vehicle lease contract;
(4)
The sublessee of the subject motor vehicle when such sublessee did not know and could not reasonably be expected to have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of Code Section
10-1-40
.
(b)
A person who suffers damage as described in subsection (a) of this Code section may bring an action against the person who induced the sublease of the subject motor vehicle in violation of subsection (a) or (b) of Code Section
10-1-40
. The person who suffers damage may recover or obtain against the person who induced such sublease any of the following:
(1)
Actual damages;
(2)
Equitable relief, including, but not limited to, an injunction or restitution of money and property;
(3)
Punitive damages;
(4)
Reasonable attorney's fees and costs; and
(5)
Any other relief which the court deems proper.
(c)
The rights and remedies provided for in this Code section are in addition to any other rights and remedies provided by law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-42 - Advancement of money to satisfy lease, lien, or security interest in motor vehicle; inclusion in gross capitalized cost

A lessor or the entity which sells the motor vehicle to the lessor for lease to a lessee may advance money to a lessee or pay money to a third party on behalf of the lessee to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a motor vehicle which is the subject of a motor vehicle lease contract. Any amount so advanced or paid may be included in the gross capitalized cost under the motor vehicle lease contract and shall not be considered a loan. Such advance and the seller or lessor making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to installment loans, from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans.
Amended by 2020 Ga. Laws 409,§ 8, eff. 6/30/2020.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 3 - UNSOLICITED MERCHANDISE (§§ 10-1-50 — 10-1-51) › Section 10-1-50 - Unsolicited merchandise not to be sent; recipient may treat as gift; trial periods; remedies for violations

(a)
As used in this Code section, the term "person" shall have the meaning as provided in Code Section
10-1-2
.
(b)
No person shall, in any manner or by any means, offer for sale goods, wares, or merchandise where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender.
(c)
No person shall require payment for the continued provision of any goods, wares, or merchandise following the expiration of a trial period during which similar goods, wares, or merchandise were provided free of charge unless the recipient of such goods, wares, or merchandise provides affirmative oral, written, or electronic assent to the continued receipt thereof on a paid basis. In the absence of any such assent, the receipt of any such goods, wares, or merchandise following such trial period shall for all purposes be deemed an unconditional gift to the recipient, who may use or dispose of such goods, wares, or merchandise, unless such goods, wares, or merchandise were delivered to the recipient as a result of a bona fide mistake, in any manner he or she sees fit without any obligation to the sender.
(d)
Any violation of this Code section shall be considered a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975." Any remedy available under such part shall be available to any recipient under this Code section, and any action by the Attorney General authorized under such part for a violation thereof shall be authorized for a violation of this Code section.
Amended by 2016 Ga. Laws 434,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 3 - UNSOLICITED MERCHANDISE (§§ 10-1-50 — 10-1-51) › Section 10-1-51 - Unordered merchandise sent after membership terminated deemed gift; enjoining payment requests

If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members and the person notifies the organization of his termination of membership by certified mail or statutory overnight delivery, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after 30 days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the termination of a person's membership in such organization breaches any agreement with the organization, nothing in this Code section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law; but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this Code section.
If, after any receipt deemed to be an unconditional gift under this Code section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 4 - FURNISHING NAMES OF PROSPECTIVE PURCHASERS (§ 10-1-70) › Section 10-1-70 - Sales contract must state consideration for furnishing names of prospective purchasers; penalty

(a)
It shall be unlawful for any person, firm, or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer.
(b)
Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 5 - LABELING REMANUFACTURED OR REBUILT ITEMS (§§ 10-1-80 — 10-1-83) › Section 10-1-80 - "Remanufactured" and "rebuilt" defined

As used in this article, the term:
(1)
"Rebuilt" means the reconditioning of a motor, engine, well pump, or other mechanical item by the replacement of parts of the motor, engine, well pump, or other mechanical item without changing the original size, shape, or tolerance of the item except by the use of parts therefor.
(2)
"Remanufactured" means the changing of the size, shape, or tolerance in any motor, engine, well pump, or other mechanical item by machinery grinding or cutting away of the original item.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 5 - LABELING REMANUFACTURED OR REBUILT ITEMS (§§ 10-1-80 — 10-1-83) › Section 10-1-81 - Label required for remanufactured item sold at retail

Any remanufactured item sold at retail in the State of Georgia shall be labeled "Remanufactured." Such label shall be placed adjacent to and shall be of the same size and type of marking as the old marking on the remanufactured item.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 5 - LABELING REMANUFACTURED OR REBUILT ITEMS (§§ 10-1-80 — 10-1-83) › Section 10-1-82 - Label required for rebuilt item sold at retail

Any rebuilt item sold at retail in the State of Georgia shall be labeled "Rebuilt." Such label shall be placed adjacent to and shall be of the same size and type of marking as the old marking on the rebuilt item.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 5 - LABELING REMANUFACTURED OR REBUILT ITEMS (§§ 10-1-80 — 10-1-83) › Section 10-1-83 - Penalty for violation of this article

Noncompliance with this article shall be a misdemeanor, and punishment shall be as provided by law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 6 - INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS (§§ 10-1-100 — 10-1-101) › Section 10-1-100 - Out-of-state purchase of rifles and shotguns by residents

Residents of the State of Georgia may purchase rifles and shotguns in any state of the United States, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the state in which the purchase is made.
Amended by 2002 Ga. Laws 862, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 6 - INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS (§§ 10-1-100 — 10-1-101) › Section 10-1-101 - Nonresidents may purchase rifles and shotguns in Georgia

Residents of any state of the United States may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the state in which such persons reside.
Amended by 2002 Ga. Laws 862, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-120 - "Paint" defined

The term "paint," as used in this article, shall include white lead basic, carbonate, or sublimate, in any kind of oil, or any compound intended for the same use, paste or semipaste, and liquid or mixed paint ready for use.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-121 - Enforcement of article; rules and regulations

The director of the Georgia Drugs and Narcotics Agency is charged with the proper enforcement of this article and is empowered to formulate and promulgate such rules and regulations as may be necessary in carrying out the purposes of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-122 - Labels on paint containers

The labels on containers of paints shall clearly and distinctly state the name and residence of the manufacturer of the paint or the distributor thereof or of the party for whom the same is manufactured. The label shall also clearly state the quantity contained in the package; the quantity, in the case of liquid or mixed paints, to be designated in United States standard gallons or fraction thereof and, in the case of paste or semipaste paints, such as are commonly sold by weight, to be shown by weight avoirdupois. Said labels shall be printed in the English language in plain, legible type.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-123 - Purity of flaxseed or linseed oil; requirement for boiled linseed oil

No person, firm, corporation, or agent or employee of any person, firm, or corporation shall manufacture for sale or offer or expose for sale any flaxseed or linseed oil unless the same shall answer all the chemical tests for purity recognized in the United States Pharmacopoeia or offer or expose for sale any flaxseed or linseed oil as "boiled linseed oil" unless in its manufacture the same shall have been put to a temperature of 225 degrees Fahrenheit.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-124 - Flaxseed or linseed oil to be sold under true name; labeling tank cars, tanks, barrels, or vessels of such oil

No person, firm, corporation, or agent or employee of any person, firm, or corporation shall sell or expose or offer for sale any flaxseed or linseed oil unless it shall be done under its true name; and each tank car, tank, barrel, keg, or any vessel of such oil shall have distinctly and durably printed, stamped, stenciled, or labeled thereon the true name of such oil and in ordinary boldface capital letters the words "PURE LINSEED OIL RAW" or "PURE LINSEED OIL BOILED" and the name and address of the manufacturer thereof or of the party for whom the same is manufactured and under whose brand the same is sold.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-125 - Possession of improperly labeled article prima-facie evidence of violation

Possession by any person, firm, or corporation, or agent or employee of any person, firm, or corporation dealing in said articles, of any article described in Code Sections
10-1-120
through
10-1-124
and not properly labeled shall be considered prima-facie evidence that the same is kept by such person, firm, or corporation in violation of this article and punishable under it.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-126 - Requirements for timber-marking paint; penalty for violation; enjoining violation

(a)
It shall be unlawful for any person, firm, or corporation to distribute, sell, or offer for sale within this state any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months if applied to timber in a nondiluted state. The label on the container of any such paint sold in this state shall have clearly printed thereon in bold type the following: "EFFECTIVE FOR A MINIMUM OF 12 MONTHS IF USED IN A NONDILUTED STATE."
(b)
As used in this Code section, the term "paint" means any substance or mixture of substances, liquid, powder, or paste intended for use primarily for marking timber.
(c)
Any person violating this Code section shall be guilty of a misdemeanor.
(d)
In addition to the remedies provided in this Code section, the director and drug agents of the Georgia Drugs and Narcotics Agency may apply to an appropriate court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating this Code section irrespective of whether or not there exists an adequate remedy at law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL (§§ 10-1-120 — 10-1-127) › Section 10-1-127 - Penalty for sale of deceptively labeled paint

Whoever shall sell or offer or expose for sale any paint which shall be labeled or marked in such manner as to tend to deceive the purchaser as to its nature or composition or which shall not be accurately labeled as required in this article shall be guilty of a misdemeanor and, upon conviction thereof, for each offense shall be punished by a fine of not less than $25.00 and not more than $100.00 or by imprisonment in the county jail not exceeding 60 days.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-140 - Definitions

As used in this part, the term:
(1)
"Gasoline" means gasoline, naphtha, benzol, and other products of petroleum, under whatever name designated, used for heating or power purposes.
(2)
"Kerosene" means kerosene and other products of petroleum, under whatever name designated, used for illuminating, heating, or cooking purposes.
(3)
"Lubricating oils" means rerefined, reprocessed, or reconditioned used oils as well as virgin petroleum oils or blends thereof.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-141 - "Petroleum products" not to include liquefied petroleum gas

The term "petroleum products," as used in this part, shall in no way be construed to include liquefied petroleum gas as defined in Code Section
10-1-262
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-142 - Appointment and duties of state oil chemist

The Commissioner of Agriculture is required to appoint, in accordance with Chapter 20 of Title 45, a chemist, who shall be an expert oil analyst, to be designated as the state oil chemist, whose duty it shall be to analyze all samples of gasoline and kerosene and all fluids purporting to be substitutes therefor or motor fuel improvements or other like products of petroleum, under whatever name they may be designated, and used for illuminating, heating, cooking, power, or lubricating purposes, submitted by the Commissioner of Agriculture or any duly authorized inspector or inspectors.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-143 - Employment of oil inspectors; expenses

The Commissioner of Agriculture is authorized to employ, in accordance with Chapter 20 of Title 45, oil inspectors as he deems necessary to enforce this part. Oil inspectors so appointed shall be allowed such expenses as shall be approved by the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-144 - Additional expenses; Commissioner of Agriculture to be chief oil inspector

In addition to the expenses of inspectors as provided for in Code Section
10-1-143
, there shall be allowed such further sums for the purchase of equipment, supplies, and clerical help and to pay any other expenses incident to and necessary for the enforcement of this part as may hereafter be appropriated. The Commissioner of Agriculture is constituted chief oil inspector for the purpose of the enforcement of this part.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-145 - Payment of compensation and expenses

The compensation of the state oil chemist and state oil inspectors and the expenses of enforcing this part shall be paid in the same manner as compensation and expenses of other employees of the Department of Agriculture are paid.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-146 - Bonds of state oil chemist and inspectors

The Commissioner of Agriculture is authorized to have the state oil chemist and state oil inspectors bonded for the faithful performance of their respective duties at the expense of the Department of Agriculture if and to the extent he deems it necessary for the proper protection of the state and the public.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-147 - Filling vacancies in offices of state oil chemist and inspectors

The Commissioner of Agriculture is authorized to fill any vacancies which may occur in the offices of state oil chemist and oil inspector on account of death, resignation, or other cause.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-148 - Right to inspect premises; search warrants; refusal of admission as evidence of violation

In the performance of their duties, the Commissioner of Agriculture or any of his duly authorized agents shall have free access at all reasonable hours to any store, warehouse, factory, storage house, or railway depot where petroleum products are kept or otherwise stored, for the purpose of examination or inspection and drawing samples. If such access shall be refused by the owner of such premises or his agent or other persons occupying and using the same, the Commissioner of Agriculture or his duly authorized inspectors or agents may apply for a search warrant, which shall be obtained in the same manner as provided for obtaining search warrants in other cases. Their refusal to admit an inspector to any of the above-mentioned premises during reasonable hours shall be construed as prima-facie evidence of a violation of this part.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-149 - Gasoline and kerosene subject to inspection and analysis; manufacturers and wholesalers to file statements

For the purpose of this part, all gasoline and kerosene sold or offered or exposed for sale shall be subject to inspection and analysis as provided in this part. All manufacturers, refiners, wholesalers, and jobbers, before selling or offering for sale any gasoline or kerosene or like products, under whatever name designated, for power, lubricating, illuminating, heating, or cooking purposes, shall file with the Commissioner of Agriculture a declaration or statement that they desire to sell such products in this state and shall furnish the name, brand, or a trademark of the product which they desire to sell, together with the name and address of the manufacturer thereof, and that all such products are in conformity with the specifications established pursuant to this part by the state oil chemist and approved by the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-150 - Approval of substitutes or improvers of fuels or other motor fuels

All materials, fluids, or substances offered or exposed for sale, purporting to be substitutes for or improvers of fuels or other motor fuels to be used for power, cooking, or heating purposes, shall, before being sold or exposed or offered for sale, be submitted to the Commissioner of Agriculture for examination and inspection and shall receive the approval of the state oil chemist and the Commissioner of Agriculture and shall be sold or offered for sale only when properly labeled with a label, the form and contents of which shall have been approved by the state oil chemist and the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-151 - Sale of substandard gasoline and kerosene illegal; confiscation

It shall be illegal to sell or offer for sale any gasoline or kerosene which is described and designated in this part and which is used or intended to be used for power, lubricating, illuminating, cooking, or heating purposes, when sold under whatever name, and which falls below the standard provided in this part. Any such gasoline or kerosene shall be subject to confiscation and destruction by order of the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-151.1 - Production and sale of biodiesel fuel

It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751.
Added by 2006 Ga. Laws 642,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-152 - Labeling gasoline and kerosene containers; cleaning kerosene containers of gasoline

Every person, firm, or corporation delivering at wholesale or retail any gasoline in this state shall deliver the same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word "gasoline" plainly stenciled or labeled thereon in vermilion red, in English. Such dealers shall not deliver kerosene oil in any barrel, cask, can, or other container which shall have been so stenciled or labeled or that has ever contained gasoline unless such barrel, cask, can, or other container shall have been thoroughly cleaned and all traces of gasoline removed. Every purchaser of gasoline for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as provided in this Code section. Every person delivering at wholesale or retail any kerosene in this state shall deliver the same to the purchaser only in tanks, barrels, casks, cans, or other containers having the word "kerosene" in English, plainly stenciled or labeled thereon in vermilion red; and every person purchasing the same for use or sale shall procure and keep the same only in tanks, barrels, casks, cans, or other containers stenciled or labeled as provided in this Code section. Nothing in this Code section shall prohibit the delivery of gasoline by hose or pipe from a tank directly into the tank of any automobile or other motor. In cases where gasoline or kerosene is sold in bottles, cans, or other containers of not more than one gallon, for cleaning and other similar purposes, such bottles, cans, or other containers shall bear a label with the words "unsafe when exposed to heat or fire."
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 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-153 - Notice and sample of petroleum products shipped into state

When gasoline or kerosene or other petroleum products used for heating, cooking, illuminating, power, or lubricating purposes are shipped into this state in any manner whatsoever, the manufacturer, refiner, or jobber shall promptly give notice to the Commissioner of Agriculture of the date of shipment and shall furnish a sample of such size as designated by the Commissioner of Agriculture, but not in excess of 16 ounces, of the gasoline or kerosene and other petroleum products used for heating, cooking, illuminating, power, or lubricating purposes shipped and labeled, giving the tank car number, truck number, or other container number, with the name and address of the person, company, firm, or corporation to whom it is sent and the number of gallons contained in the shipment made. In each instance where gasoline or kerosene and other petroleum products used for heating, cooking, illuminating, power, or lubricating purposes are shipped in tank cars, the record of the capacity of each tank car furnished by the railroad company shall be accepted.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-154 - How purchaser may obtain analysis of gasoline or illuminating or heating oils

Any person purchasing any gasoline or illuminating or heating oils from any manufacturer, refiner, jobber, or vendor for his own use may submit fair samples of said gasoline or illuminating or heating oils to the Commissioner of Agriculture to be tested or analyzed by the state oil chemist. In order to protect the manufacturer or vendor from the submission of spurious samples, the person selecting the same shall do so in the presence of two or more disinterested persons, which samples shall be not less than one pint in quantity and shall be bottled, corked, and sealed in the presence of said witnesses and the sample shall be placed in the hands of a disinterested person, who shall forward the same at the expense of the purchaser to the Commissioner of Agriculture. Upon the receipt by the Commissioner of any such sample he shall have the state oil chemist promptly test and analyze the sample. The Commissioner shall return to such purchaser or purchasers a certificate of analysis, which, when verified by the affidavit of the state oil chemist, shall be competent evidence in any court of law or equity.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-155 - Rules and regulations; specifications for petroleum products; penalty for violations

(a)
The Commissioner of Agriculture shall have authority to prescribe such rules and regulations, consistent with the terms, intent, and purposes of this part, as he finds necessary for the proper administration and enforcement thereof. He shall establish by regulation specifications for the various petroleum products used for heating, cooking, illuminating, power, or lubricating purposes in this state so as to provide quality control and suitability for the intended use of such products and the effective enforcement of the laws pertaining to the sale, distribution, or use of such products and shall have authority to change such specifications, but only after giving a 60 days' notice and a public hearing in regard to such changes to refiners and distributors doing business in this state.
(b)
Any manufacturer, refiner, wholesaler, jobber, or vendor who shall violate this Code section or any regulation issued pursuant thereto prescribing specifications for the various petroleum products regulated by this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-156 - Enjoining marketing in violation of part, specifications, or rules and regulations

Whenever the Commissioner of Agriculture shall find any person willfully marketing petroleum products in this state which are regulated by this part and which do not comply with the prescribed specifications therefor or otherwise willfully marketing petroleum products in violation of this part and rules and regulations promulgated pursuant to this part, the Commissioner shall be authorized to apply to the superior court having jurisdiction over the offender for an injunction against the continuance of any such violations. The appropriate superior court shall have jurisdiction, upon hearing and for cause shown, to grant such temporary or permanent injunction restraining further violations as the circumstances appear to require.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-157 - Collecting and testing samples of petroleum products; rules and regulations

The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist. The Department of Agriculture shall have the power to implement rules and regulations necessary to carry out inspection of gasoline samples as provided for by this Code section.
Amended by 2011 Ga. Laws 52,§; 12, eff. 1/1/2013.
Amended by 2010 Ga. Laws 360,§; 1-23, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-158 - Registration of gasoline dealers

Every dealer in gasoline, before selling or exposing or offering for sale any gasoline, and annually thereafter, shall be required to register and shall make known to the Commissioner of Agriculture his desire to sell gasoline giving the name and manner and kind of pump or pumps he will use and the location of same, and shall keep the certificate or certificates of registration issued by the Commissioner of Agriculture posted in a prominent and accessible place in his place of business where such gasoline is sold. The form of such certificate shall be designated by the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-160 - Calibration of tank trucks, meters, containers, and other measures; condemnation of inaccurate measures

The Commissioner of Agriculture is authorized to prescribe regulations governing the calibration of tank trucks, meters, containers, and other measures used in dispensing petroleum products subject to regulation under this part; and, when any such measure is found giving inaccurate measure and such condition cannot be or is not adjusted to the requirements of the regulations, then such measures shall be seized by the Commissioner or his agents and subject to condemnation in a manner similar to that prescribed in subsections (c) and (d) of Code Section
10-1-159
or destroyed if the court shall find that the measure cannot be properly adjusted.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-161 - [Repealed] No fee for gasoline or kerosene inspection

Repealed by 2010 Ga. Laws 360,§ 1-25, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-163 - Penalty for violating Code Section 10-1-162; individual liability

(a)
Any person who shall violate any of the provisions of Code Section
10-1-162
for preventing deception, substitution, and misbranding of liquid fuel, oil, grease, and similar products shall be guilty of a misdemeanor.
(b)
If any partnership, firm, association, joint-stock company, syndicate, or corporation violates any of the provisions of Code Section
10-1-162
, every director, officer, agent, employee, or member participating in, aiding, or authorizing the act or acts constituting the violation of Code Section
10-1-162
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE (§§ 10-1-140 — 10-1-211) › Part 1 - PETROLEUM PRODUCTS (§§ 10-1-140 — 10-1-169) › Section 10-1-164 - [Effective Until 1/1/2026] Requirements for signs advertising retail motor fuel; advertising free gifts or services; enforcement; penalty

(a)
Any sign or placard or other means used to advertise the price of motor fuel for sale at retail for use in motor vehicles may contain a separate listing of the price and a separate listing of each tax thereon, but must contain a total of such price and taxes which shall be at least as large as the listing of the price or any tax thereon. Numbers used to advertise the total price of such motor fuel shall be of uniform size; and, where fractions are used, the numerator and denominator thereof combined shall be of the same size as any whole numbers used. It shall not be necessary that a denominator be used to indicate fractions; but, if one is not used, the numerator must be at least half the size of the whole number used. If the price of motor fuel is advertised on any sign, billboard, placard, or other advertising medium, it shall be unlawful to place a higher price on any pump dispensing such motor fuel or to charge a higher price for such motor fuel. Any person dispensing motor fuel shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the motor fuel buys additional merchandise.
(b)
It shall be unlawful for any person dispensing motor fuel to advertise upon the purchase of motor fuel either free:
(1)
Gifts or other products unless such person has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity; or
(2)
Car washes or other services unless such person is prepared, in the absence of causes beyond the reasonable control of the offerer, to perform such car washes or the services advertised at the time of the purchase at such person's place of business or at a place of business affiliated by trademark or agreement with such person. If the free car washes or other services advertised are to be performed at a place of business affiliated by trademark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard, or other advertising medium used.
(c)
Nothing in this Code section shall preclude posting on any pumps dispensing motor fuel a separate statement of taxes included in the total purchase price for the purpose of complying with Chapter 8 of Title 48.
(d)
The state oil chemist and any and all law enforcement officers in the State of Georgia are charged with enforcement of this Code section.
(e)
Any person, firm, association, or corporation violating this Code section shall be guilty of a misdemeanor.
This section is set out more than once due to postponed, multiple, or conflicting amendments.