reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-44 - Disposition of infected bees or fixtures

The Commissioner, through his agents or employees, may require the removal from this state of any honeybees or beekeeping fixtures which have been brought into the state in violation of this article. If he finds that any bees or fixtures are infected with any contagious or infectious disease or that such bees or fixtures have been exposed to danger of infection by such diseases, that any honeybees have become Africanized, or that honeybees are confronted with any other threat in this state, the Commissioner may require the destruction, treatment, or disinfection of any such infected or exposed bees, hives, fixtures, or appliances.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-45 - Compensation for destroyed property authorized; appraisal

Whenever bees, hives, or other equipment are ordered destroyed pursuant to Code Section
2-14-44
, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner and the owner shall each appoint one disinterested appraiser. These two appraisers shall appoint a third disinterested appraiser. The three appraisers thus appointed shall appraise the property. When the property is destroyed, the Commissioner shall pay any Georgia resident beekeeper whose property is destroyed a sum equal to 50 percent of the appraised value of the property destroyed from any funds appropriated for that specific purpose, provided that in no event shall the compensation paid to any such owner exceed $25.00 per colony. For the purposes of this Code section, the term "property" shall include bees, hives, frames, and other equipment.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-46 - Importation of honeybees or secondhand equipment prohibited without special permit

The shipment or movement into this state of any honeybees on comb, honeybees in hives, secondhand beehives, honeycomb, frames, used bee shipping cages, secondhand honey containers, or other used beekeeping fixtures is prohibited, except under special permit issued by the Commissioner under such rules and regulations as may be prescribed by him in accordance with Code Section
2-14-41
.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-47 - Penalty for violation of article or rules or regulations

Any person, firm, or corporation violating any of the provisions of this article or any of the rules or regulations of the Commissioner adopted in accordance with this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months in the county jail.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-60 - Definitions

As used in this article, the term:
(1)
"Grower" means any producer of pecans who does not engage in the business of a processor, as defined in paragraph (2) of this Code section, and who does not sell any pecans at wholesale other than those grown by him.
(2)
"Processor" means any person, firm, partnership, or corporation engaged in the business of cracking, shelling, and grading pecan meats for sale or of cleaning, grading, storing, bagging, or selling in-shell pecans, but this term does not include persons engaged solely in retail sales to the consumer.
(3)
"Wholesaler" means any person, firm, partnership, or corporation, other than a grower as defined in paragraph (1) of this Code section, who sells pecans to others for the purpose of resale. This term does not apply to anyone who sells pecans only direct to the consumer, unless he is also a processor, as defined in paragraph (2) of this Code section.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-61 - Licenses required of pecan processors and wholesalers

(a)
Within this state, no person, firm, partnership, or corporation shall engage in the processing of pecans other than those grown by him or it or in selling pecans other than those grown by him or it at wholesale without first obtaining a license to do so from the Department of Agriculture.
(b)
Applications for licenses shall be on a form prescribed by the Commissioner.
(c)
Duly issued licenses shall be on a form prescribed by the Commissioner. They shall remain in force unless revoked but shall not be transferable.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-62 - Standards and grades; labels; improper grading or labeling as cause for license revocation

The Commissioner shall prescribe standards and grades for pecans fit for human consumption. All pecans sold by processors or wholesalers must conform to the prescribed standards and grades and must be labeled accordingly. Improper grading or labeling shall be cause for revocation of the processor's or wholesaler's license.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-63 - Disposition of pecans unfit for human consumption; violation of Code section grounds for license revocation

Pecans failing to meet the standards prescribed for pecans fit for human consumption shall be destroyed, crushed, or rendered unfit for sale for human consumption by the processors or wholesalers of such pecans. Violation of this Code section shall be sufficient cause for revocation of the processor's or wholesaler's license.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-64 - Rules and regulations

The Commissioner is authorized to adopt and promulgate rules and regulations to implement this article and to accomplish its purposes. After they are legally adopted and promulgated, such rules and regulations shall have the force and effect of law.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-65 - Injunctions

In addition to the remedies provided in this article and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining a person, firm, partnership, or corporation from violating and continuing to violate this article or any rules and regulations promulgated under this article. Such injunction shall be issued without bond. An injunction may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 4 - PECANS (§§ 2-14-60 — 2-14-66) › Section 2-14-66 - Penalty for violations of article or rules and regulations

Violation of any provision of this article or of the rules and regulations promulgated under this article shall constitute a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 1 - GENERAL PROVISIONS (§§ 2-14-80 — 2-14-80.1) › Section 2-14-80 - Standard for computing board feet of lumber

(a)
The legal standard for calculating the number of board feet in a log or in any number of logs in this state shall be the Scribner Decimal C log rule or scale.
(b)
Any sale or contract in which settlement is based on the number of board feet in a log or any number of logs, whether such sale or contract is verbal or written, and in which the method of computing the number of board feet is not stated shall be construed as being based entirely on Scribner's Decimal C log rule or scale. This Code section shall not affect any contract or sale entered into prior to March 13, 1957.
(c)
Nothing in this Code section shall be construed as preventing any person from using, in lieu of the legal log rule articulated in subsection (a) of this Code section, the actual measurement of lumber after it has been sawed as the basis for settlement in any sale or contract involving the necessity for determining the number of board feet. However, if the lumber is to be measured after sawing, it must be so stated in the sale or contract.
(d)
In scaling or measuring the diameter and length of logs, any log as long as 18 feet and not as long as 34 feet shall be measured as two logs and any log 34 feet or more in length shall be measured as three or more logs. Such a division in length shall be done so as to figure logs as of nearly equal lengths as possible and at the same time so as to use even feet in lengths, unless otherwise provided by contract.
(e)
All fractions of inches in diameter shall be figured as to the nearest whole inch, but when several logs have fractions of one-half inch in the measurement of diameters, these fractions shall be distributed as near evenly as possible by adding and subtracting such fractions to and from the diameters in order to figure such diameters in whole inches, unless otherwise provided by contract.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 1 - GENERAL PROVISIONS (§§ 2-14-80 — 2-14-80.1) › Section 2-14-80.1 - Form of price quotation where weight is used to determine board feet, cords, or units of pulpwood or timber

(a)
Any person using weight as a basis to determine board feet, cords, or units of pulpwood or timber who buys or offers to buy any pulpwood or timber within this state shall provide the seller or prospective seller of such pulpwood or timber with a quotation of the price of such pulpwood or timber calculated in dollars per 1000 pounds. This Code section shall not prohibit or restrict the use of any acceptable method to calculate the weight or quantity of pulpwood or timber. This Code section shall not be construed as requiring the purchase or use of scales for the purpose of measuring wood, nor shall it be construed as altering the common trade definition of a cord as being equivalent to 128 cubic feet.
(b)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 2 - [Repealed and Reserved] TREATED TIMBER PRODUCTS (§ 2-14-100) › Section 2-14-100 - through 2-14-113 - [Reserved]

Repealed by Ga. L. 2012, p. 1098, § 1/SB 357, effective July 1, 2012.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 3 - DIMENSION LUMBER (§§ 2-14-120 — 2-14-123) › Section 2-14-120 - "Dimension lumber" defined; adoption of standards for grading of dimension lumber

(a)
As used in this part, the term "dimension lumber" means lumber that is at least two inches (nominal) thick and up to but not including five inches (nominal) thick and two inches or more in width.
(b)
The Commissioner shall require with respect to the grading of dimension lumber that standards shall be in conformity with those which are currently adopted by the American Lumber Standards Committee under the auspices of the United States Department of Commerce.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 3 - DIMENSION LUMBER (§§ 2-14-120 — 2-14-123) › Section 2-14-121 - Graded dimension lumber to be stamped by licensed agency

On and after July 1, 1990, it shall be unlawful for any person, firm, or corporation to offer for sale in this state any dimension lumber stamped according to grade unless it has been stamped by a grading agency licensed by the American Lumber Standards Committee under the auspices of the United States Department of Commerce.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 3 - DIMENSION LUMBER (§§ 2-14-120 — 2-14-123) › Section 2-14-122 - Enforcement by Commissioner; stop sale, stop use, and removal orders; seizure of lumber

(a)
In order to carry out this part, the Commissioner or his designated agent may enter into or upon any place during reasonable business hours where dimension lumber is being sold or offered for sale to determine if this part is being complied with.
(b)
The Commissioner may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any dimension lumber, ordering them to hold the same at a designated place, when the Commissioner finds such dimension lumber being offered for sale in violation of this part, until the law has been complied with and such dimension lumber has been released, in writing, by the Commissioner or the violations have been otherwise legally disposed of by written authority. The Commissioner shall release the dimension lumber when the requirements of this part have been complied with.
(c)
Any dimension lumber not in compliance with this part shall be subject to seizure on the complaint of the Commissioner to the superior court of the county in which the dimension lumber is found. If the court finds the dimension lumber to be in violation of this part and orders its condemnation, the dimension lumber shall be disposed of in any manner consistent with its quality, the interests of the parties, and the laws of this state, provided that in no instance shall the disposition of the dimension lumber be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the dimension lumber in such manner as to bring it into compliance with this part.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 5 - TIMBER PRODUCTS (§§ 2-14-80 — 2-14-123) › Part 3 - DIMENSION LUMBER (§§ 2-14-120 — 2-14-123) › Section 2-14-123 - Violations

Any person violating any provisions of this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-130 - Short title

This article shall be known and may be cited as the "Vidalia Onion Act of 1986."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-131 - Definitions

As used in this article, the term:
(1)
"Person" means an individual, partnership, corporation, association, or any other legal entity.
(2)
"Shipping date" means the first day on which Vidalia onions may be shipped for sale.
(3)
"Vidalia onion" means all onions of the Vidalia onion variety grown in the Vidalia onion production area.
(4)
"Vidalia Onion Advisory Panel" means the advisory panel established pursuant to Code Section
2-14-138
.
(5)
"Vidalia onion production area" means a production area which encompasses only the State of Georgia or such lesser area as may be provided for pursuant to subsection (a) of Code Section
2-14-133
.
(6)
"Vidalia onion variety" means varieties of Allium Cepa of the hybrid yellow granex, granex parentage, or other similar varieties. The Commissioner may limit the usage of certain varieties or authorize the inclusion of new varieties based upon recommendations of the director of the Experiment Stations of the College of Agricultural and Environmental Sciences of the University of Georgia.
Amended by 2003 Ga. Laws 193, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-132 - Use of term "Vidalia."

Only onions which are of the Vidalia onion variety and which are grown within the Vidalia onion production area may be identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as Vidalia onions. The term "Vidalia" may be used in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state only if the onions are of the Vidalia onion variety and are grown in the Vidalia onion production area.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-132.1 - Vidalia onion trademark; royalties; license fees

The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions. The Commissioner is authorized to impose and collect a royalty or license fee for the use of such trademark on products containing Vidalia onions or the packaging containing such onion products. Funds derived from such royalties and license fees shall be retained by the Commissioner and shall be used to promote Vidalia onions and to pay costs associated with monitoring the use of such trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark.
Amended by 2012 Ga. Laws 671,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-133 - Rules and regulations; enforcement of article

(a)
The Commissioner is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state, including the requirements that all Vidalia onions be initially packed only in the Vidalia onion production area and that no Vidalia onion may be shipped from the Vidalia onion production area in bulk except as may be authorized by rule, and such other regulations as are necessary to administer properly this article. The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (5) of Code Section
2-14-131
. Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to January 31, 1986. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (6) of Code Section
2-14-131
other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly.
(b)
The Commissioner and his agents and employees are authorized to enter any premises or other property where onions are produced, stored, sold, offered for sale, packaged for sale, transported, or delivered to inspect such onions for the purpose of enforcing the provisions of this article and the rules and regulations promulgated under this article.
Amended by 2003 Ga. Laws 193, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-134 - Violations; criminal penalties

(a)
It shall be unlawful for any person to sell or offer for sale either inside or outside this state any onions as Vidalia onions unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area.
(b)
It shall be unlawful for any person to package, label, identify, or classify any onions for sale inside or outside this state as Vidalia onions or to use the term "Vidalia" in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area.
(c)
Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.
(d)
It shall be unlawful for any person to sell onions in a manner which does not comply with the rules or regulations established by the Commissioner under authority of Code Section
2-14-133
.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-135 - Civil penalties; injunctions

(a)
Any person who violates any provision of this article or who violates any rule or regulation issued by the Commissioner pursuant to this article shall be liable for a civil penalty in an amount not to exceed $5,000.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for contested cases. Each day of violation shall constitute a separate violation for purposes of this subsection but in no event shall the penalty exceed $20,000.00. Any moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(b)
Whenever in the judgment of the Commissioner any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the Commissioner may make application to the superior court of the county where such person resides or, if a nonresident of this state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and restraining such act or practice. If it appears to the court, upon any application for a temporary restraining order or upon any application for an interlocutory or permanent injunction, after evidence is received, that any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article or any rule or regulation duly issued by the Commissioner under this article, then the court shall enjoin the defendant from commiting further violations. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c)
In any court action brought by the Commissioner to enforce any of the provisions of this article or any rule or regulation issued by the Commissioner, the judgment, if in favor of the Commissioner, shall provide that defendant pay to the Commissioner all costs and expenses incurred by the Commissioner in the prosecution of such action.
(d)
The Commissioner may file in the superior court of the county wherein the person under order resides, or, if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final administrative order of the Commissioner unappealed from or a final administrative order of the Commissioner affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-136 - Marketing season shipping date

The Commissioner may determine and announce a shipping date each year for the Vidalia onion marketing season in this state upon the recommendation of the Vidalia Onion Advisory Panel. Vidalia onions may be shipped prior to such date with a mandatory U.S. No. 1 grade certificate. The Vidalia Onion Advisory Panel shall survey the conditions of the Vidalia onion crop and recommend a shipping date for the marketing season to the Commissioner.
Amended by 2003 Ga. Laws 193, § 3, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-137 - Standards for grades

The standards for grades adopted by the U.S. Department of Agriculture, U.S. Standards for Grades of Bermuda-Granex-Grano Type Onions, effective January 1, 1960, as amended March 18, 1962, and February 20, 1985 (
7 C.F.R. 51.3195
-
51.3209
), December 31, 1981, and U.S. Standards for Grades of Common Green Onions (
7 C.F.R. 51.1055
-
51.1071
) December 31, 1981, are adopted and shall be the standards for grades in this state, except that the Commissioner may establish tolerances or allowable percentages of U.S. Standards each season upon the recommendation of the Vidalia Onion Advisory Panel.
Amended by 2006 Ga. Laws 453,§ 2, eff. 4/14/2006.
Amended by 2003 Ga. Laws 193, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 6 - VIDALIA ONIONS (§§ 2-14-130 — 2-14-138) › Section 2-14-138 - Advisory panel created

The Commissioner shall appoint a Vidalia Onion Advisory Panel, to consist of individuals involved in growing, packing, or growing and packing Vidalia onions; at least one county cooperative extension agent from the Vidalia onion production area; and any other person or persons selected by the Commissioner, for the purpose of rendering advice upon his or her request regarding the exercise of his or her authority pursuant to Code Sections
2-14-136
and
2-14-137
. Members of the advisory panel shall receive no compensation for their service as such members.
Added by 2003 Ga. Laws 193, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 7 - PICK-YOUR-OWN AGRICULTURAL PRODUCTS (§§ 2-14-150 — 2-14-153) › Section 2-14-150 - Legislative declarations; intent

The General Assembly recognizes that persons who patronize farms specializing in pick-your-own agricultural products may incur injuries as a result of the risks involved in such activity. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activity. The General Assembly finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage the direct sale of agricultural products from farmers to the general public by limiting the civil liability of farmers involved in such activity.
Added by 2001 Ga. Laws 388, § 1, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 7 - PICK-YOUR-OWN AGRICULTURAL PRODUCTS (§§ 2-14-150 — 2-14-153) › Section 2-14-151 - Definitions

As used in this article, the term:
(1)
"Agricultural products" means Christmas trees, fruits, vegetables, pecans, nuts, horticultural products, and other such fresh farm products that are made available to the general public through pick-your-own farm operations.
(2)
"Participant" means any person who enters the farm location, singly or with a group, for the purpose of harvesting fresh farm products from pick-your-own farm operations.
Added by 2001 Ga. Laws 388, § 1, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 7 - PICK-YOUR-OWN AGRICULTURAL PRODUCTS (§§ 2-14-150 — 2-14-153) › Section 2-14-152 - Liability of farm owner or operator

(a)
Except as provided in subsection (b) of this Code section, the owner or operator of any farm specializing in pick-your-own agricultural products shall not be liable for an injury to or the death of a participant resulting from the inherent risks of harvesting agricultural products, and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an owner or operator, or any other person or entity for injury, loss, damage, or death of the participant resulting from any of the inherent risks of harvesting agricultural products.
(b)
Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator or any other person or entity if the owner or operator:
(1)
Owns, leases, rents, or otherwise is in lawful possession and control of the land upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the owner or operator;
(2)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(3)
Intentionally injures the participant.
(c)
Nothing in subsection (a) of this Code section shall prevent or limit the liability of an owner or operator under liability provisions as set forth in the product liability laws.
Added by 2001 Ga. Laws 388, § 1, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 7 - PICK-YOUR-OWN AGRICULTURAL PRODUCTS (§§ 2-14-150 — 2-14-153) › Section 2-14-153 - Warning notices required; effect of failure to comply with notice requirements

(a)
Every owner and operator of a pick-your-own farm operation shall post and maintain white signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b)
The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
"Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated."
(c)
Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall not prevent an owner or operator from invoking the privileges of immunity provided by this article.
Added by 2001 Ga. Laws 388, § 1, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 15 - GEORGIA PACIFIC WHITE SHRIMP AQUACULTURE DEVELOPMENT ACT OF 2004 (§ 2-15-1) › Section 2-15-1 - through 2-15-14 - [Repealed]

Code 1981, §§
2-15-1
through
2-15-14
, enacted by Ga. L. 2004, p. 948, §
2-1
; § Ga. L. 2010, p. 838, 10/SB 388; repealed by § Ga. L. 2019, p. 919, 1-1/HB 553, effective July 1, 2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 16 - ACTION FOR DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS OR COMMODITIES (§§ 2-16-1 — 2-16-4) › Section 2-16-1 - Legislative findings, determinations, and declaration

The General Assembly finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitutes an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers, marketers, or sellers to recover damages for the disparagement of any perishable product or commodity.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 16 - ACTION FOR DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS OR COMMODITIES (§§ 2-16-1 — 2-16-4) › Section 2-16-2 - Definitions

As used in this chapter, the term:
(1)
"Disparagement" means the willful or malicious dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.
(2)
"Perishable food product or commodity" means any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
(3)
"Producers, processors, marketers, and sellers" shall include the entire chain from grower to consumer.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 16 - ACTION FOR DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS OR COMMODITIES (§§ 2-16-1 — 2-16-4) › Section 2-16-3 - Cause of action for disparagement of perishable food products or commodities

Any person who produces, markets, or sells a perishable food product or commodity and suffers damage as a result of another person's disparagement of such perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including, but not limited to, compensatory and punitive damages.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 16 - ACTION FOR DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS OR COMMODITIES (§§ 2-16-1 — 2-16-4) › Section 2-16-4 - Limitations of actions

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within two years after the cause of action accrues.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-1 - Short title

This chapter shall be known and may be cited as the "Georgia Grown Farm to Food Bank Program (F2FB)."
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-2 - Definitions

As used in this chapter, the term:
(1)
"Department" means the Georgia Department of Agriculture.
(2)
"Emergency food provider" means a nonprofit, charitable organization that offers groceries or meals to people who are in need of food assistance and who reside in this state.
(3)
"Program" means the Georgia Grown Farm to Food Bank Program (F2FB) created by this chapter.
(4)
"Program participant" means an individual or household which is in need of short-term food assistance to supplement the diet in order to prevent hunger or malnutrition, or both.
(5)
"Regional food bank" means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of an existing food bank network, maintains a food distribution operation providing food to nonprofit food pantries and feeding centers that offer groceries or meals to people in need of food assistance.
(6)
"State nutrition information organization" means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of its mission, fosters and promotes general health through nutrition education of the public.
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-3 - Grants to regional food banks; administration; powers and duties of Department of Agriculture

(a)
The Georgia Grown Farm to Food Bank Program (F2FB) is established to provide grants to regional food banks within this state for the purchase, transportation, storage, and distribution of food to emergency food providers and program participants. Such grants shall be made from funds available to the department for such purpose. Grants made pursuant to the program shall be used only for the purchase of food or agricultural commodities from Georgia grown products, as that term is used in Code Section
2-8-90
, purveyors, producers, or processors for repacking or processing, or both, of food for distribution to emergency food providers and program participants.
(b)
The program shall be administered by the department.
(c)
All food purchases made through the use of program funds shall be made in accordance with the following standards:
(1)
All food shall be procured from Georgia grown sources;
(2)
Food shall be purchased at a level equal to or greater than the seller's input costs plus one-half of the projected appreciation costs; and
(3)
Food purchased with funds through the program shall not duplicate food available through the federal commodities program of the United States Department of Agriculture.
(d)
The department shall contract with regional food banks for the operation of the program. The department, in conjunction with regional food banks, is authorized to take appropriate actions, including the entry of subcontracts, to ensure uniform access to the program by needy residents of this state. The department may allow a state nutrition information organization to provide free nutrition education as part of the program to residents of this state.
(e)
The department shall, by rule or regulation, establish and enforce procedures and guidelines for the determination of eligibility for participation in the program. Such rules, regulations, and procedures shall not limit or affect the established guidelines used by emergency food providers for any of their programs for which no funds are provided through the program established pursuant to this chapter. No person who is eligible for food funded by the program shall be charged for food or encouraged to contribute money in order to receive food under the program.
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-4 - Annual review and audit

The program established pursuant to this chapter and any funds granted pursuant to this chapter or expenditures made with such funds are subject to review and audit by the department and the state auditor to determine proper operation of the program and compliance with statutes, regulations, and policies. Contractors, subcontractors, and others receiving funds or commodities under this chapter shall be subject to audit and review by the state auditor at reasonable times.
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-5 - Annual report

Within 90 days of the conclusion of the state's fiscal year, any entity with which the department has contracted for the operation of the program shall submit to the department an annual report which shall account fully for and shall specify the expenditure of funds made pursuant to the program, the dollar value of Georgia grown products distributed, the number of people and households served in each county, the type and weight of food purchased, and the names of each Georgia grown product purveyor, producer, or processor from whom the program participant procured food. Within 180 days of the end of the state's fiscal year, the Commissioner shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include, but not be limited to, relevant information concerning the operation of the program for the preceding fiscal year, the quantity and dollar value of Georgia products distributed, the number of people and households served in each county, and the type and weight of food purchased.
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 17 - GEORGIA GROWN FARM TO FOOD BANK PROGRAM (§§ 2-17-1 — 2-17-6) › Section 2-17-6 - Violations; penalty

It shall be unlawful for any person providing services to the department or to any regional food bank or emergency food provider which receives funds or food through the program or for any official or employee of the department to receive food for personal use, unless qualified as a recipient through the program, or to provide services for profit pursuant to the program created by this chapter. Any person violating this Code section shall be guilty of a misdemeanor.
Amended by 2022 Ga. Laws 600,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 18 - GEORGIA TOBACCO COMMUNITY DEVELOPMENT BOARD (§ 2-18-1) › Section 2-18-1 - through 2-18-6 - [Reserved and Repealed]

Repealed by Ga. L. 2019, p. 919, § 2-1/HB 553, effective July 1, 2019.
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 2-19-1 - Enactment of chapter; purpose

This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277, as amended, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton.
Amended by 2001 Ga. Laws 294, § 1, 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 2-19-2 - Definitions

As used in this chapter, the term:
(1)
"Commissioner" means the Commissioner of Agriculture of this state.
(2)
"Department" means the Department of Agriculture of this state.
(3)
"Eligible cotton producer" means a person, partnership, corporation, or other entity that grew cotton in this state and that incurred a loss in 1998 or 1999 of such properly stored, harvested cotton as the result of the bankruptcy of one or more warehousemen, brokers, or other parties in possession of such cotton or warehouse receipts evidencing title to such cotton; an improper conversion or transfer of such cotton; the issuance of one or more bad checks in payment for such cotton; or other hazards or events as determined by the Commissioner.
(4)
"Federal act" means section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277.
(5)
"Secretary of agriculture" means the secretary of agriculture of the United States.