reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-111 - Meetings of advisory board; duties; fixing opening date of marketing season; revocation of license for early sale

(a)
The board shall meet in June of each year, or upon the call of the chairman, to survey the condition of the tobacco crop and recommend an opening date of the marketing season. The chairman shall determine the time and place of the meeting.
(b)
The board shall recommend to the Commissioner of Agriculture a date for the opening of the tobacco marketing season. The Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence as to the opening date best suited to meet the needs of the Florida flue-cured leaf tobacco producers. The Commissioner shall cause two members of the Tobacco Advisory Board to attend the meeting of the board of governors of the Bright Belt Warehouse Association to make known the recommendations as to the opening of the marketing season in Georgia. One of these members shall be a legislative member and the other member a tobacco farmer member of the board.
(c)
The Commissioner shall determine and announce the opening date of the tobacco marketing season in this state. If any licensee shall hold a sale prior to the date determined by the Commissioner, the license of the licensee shall be revoked in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and shall not be reinstated or reissued in the calendar year of the revocation. The revocation provided in this subsection shall be in addition to the other penalties provided for the violation of this part. It is the intent and purpose of this Code section to provide a procedure for the fixing of the opening date of the tobacco marketing season and to place the final authority to fix said date in the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-112 - Limitations on sales hours and days of warehouses

(a)
The operating day of each flue-cured leaf tobacco warehouse shall not exceed the number of hours required to handle and sell adequately and efficiently the number of pounds or piles of tobacco allowed to be sold each day.
(b)
The operating week of such warehouse shall be limited to five actual selling days, provided that no sale shall be held on Saturday or Sunday.
(c)
All tobacco warehouses shall be closed on Sunday for the purpose of receiving, unloading, weighing, or placing tobacco on a warehouse floor between the hours of 12:01 A.M., Sunday and 12:01 A.M., Monday.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-113 - Maximum rate of sales

The maximum rate of sales at any flue-cured leaf tobacco warehouse shall not exceed 500 baskets during any one hour, nor shall the rate of sales during any one day or week exceed 500 baskets per hour.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-114 - Auction tobacco dealers; licenses; regulations as to reports and records; refusal, suspension, or revocation of license

(a)
Any person, firm, or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed under this Code section shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm, or corporation to engage in the business of a tobacco dealer without first having secured a license therefor from the Commissioner of Agriculture. There shall be no charge for such license, which shall be issued on an annual basis. Employees of a licensed tobacco dealer need not be individually licensed.
(b)
The Commissioner is authorized to provide by rule or regulation for the filing of reports and records by licensed tobacco dealers containing such information as the Commissioner shall deem necessary for the proper enforcement of this part.
(c)
The Commissioner may refuse, suspend, or revoke any such license upon a showing of violation of this part or any rule or regulation promulgated and adopted pursuant to this part.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-114.1 - [Repealed] Grading by the Agriculture Marketing Service; alternatives if graders unavailable

Repealed by 2005 Ga. Laws 622,§ 1, eff. 7/1/2005.
Added by 2001 Ga. Laws 290, § 3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-115 - Nonauction tobacco dealers licensed; bond or trust fund agreement; records and reports; certified public weighers provided; penalty

(a)
Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $150.00 per annum. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season.
(b)
Prior to the issuance or renewal of a nonauction tobacco dealer's license to an applicant or a licensee, the applicant or licensee shall post with the Commissioner a surety bond or trust fund agreement in the amount of 20 percent of the total purchases made by the applicant or licensee of flue-cured leaf tobacco from producers other than at auction during the preceding tobacco-selling season. The bond or trust fund agreement shall guarantee the purchases made by the applicant or licensee from producers other than at auction sales and shall in no instance be less than $20,000.00 nor more than $200,000.00.
(c)
Each nonauction tobacco dealer shall compile and maintain such records and periodic reports pertaining to the purchase of tobacco from producers other than at auction sales as the Commissioner may require and shall make such records and reports available for inspection by the Commissioner or his representative during any business hours.
(d)
It shall be the duty of each licensed nonauction tobacco dealer to provide or have access to a certified public weigher for the weighing of tobacco purchased by a nonauction dealer from producers other than at auction sales.
(e)
It shall be unlawful for any person, firm, or corporation to purchase flue-cured leaf tobacco from producers other than at auction sales without complying with this Code section. Any person violating this Code section shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 360,§ 1-31, eff. 5/12/2010.
Amended by 2001 Ga. Laws 290, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-116 - Inspection of premises and records

The Commissioner of Agriculture, himself or through his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner in such manner as to show accurately the origin and disposition of each type of flue-cured leaf tobacco.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-117 - Certified public weighers to be provided by licensees

It shall be the duty of each licensee to provide a certified public weigher for the weighing of tobacco upon his premises; and it shall be unlawful for any person to weigh tobacco for sale who is not a certified public weigher.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-117.1 - Detention of tobacco; notice; condemnation; cost of testing

(a)
Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any tobacco has been treated with any pesticide not currently registered by the United States Environmental Protection Agency or the Commissioner, or both, for use on tobacco or contains a residue of any pesticide or other substance at a level which exceeds the current residue standard established for that pesticide or other substance by the United States Agricultural Stabilization and Conservation Service to protect and ensure the orderly marketing of Georgia grown tobacco, the agent shall affix to such tobacco or otherwise give to the owner or custodian of such tobacco a notice advising that such tobacco is being detained by the Commissioner. Such notice of detention shall apply to all tobacco produced by that grower during that season, including tobacco already harvested or tobacco to be harvested. It shall be unlawful for any person to remove any such notice affixed to tobacco or to remove or dispose of such tobacco by sale or otherwise without written permission from the Commissioner's agent or a court of competent jurisdiction.
(b)
If the Commissioner finds that no residue of pesticides or other substances in the detained tobacco exceeds any residue standard as specified in subsection (a) of this Code section, the Commissioner shall promptly remove all markings from such tobacco and release it from detention, in writing.
(c)
When any tobacco detained under subsection (a) of this Code section has been found by the Commissioner to contain any residue in excess of those specified in subsection (a) of this Code section, the Commissioner shall bring an action for condemnation of such tobacco in the superior court of the county where the tobacco is being detained. After the Commissioner has made an initial finding of any residue in the detained tobacco in excess of any residue standard established by the United States Agricultural Stabilization and Conservation Service as provided for in subsection (a) of this Code section, the costs of all subsequent testing which the Commissioner shall require to confirm that residues in such detained tobacco do not exceed any residue standard established by the United States Agricultural Stabilization and Conservation Service shall be borne by the producers and such tests shall be performed only by a laboratory approved by the Commissioner.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-118 - Enforcement of part; notice and hearing in revocation or suspension proceedings

It shall be the duty of the Commissioner of Agriculture to enforce this part and to utilize any employee of the Department of Agriculture in the performance of his duties under this part. The Commissioner is authorized to revoke or suspend any license or registration issued under this part to any person violating this part or any rule or regulation adopted pursuant to this part, after notice and hearing before the Commissioner in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-119 - Suspension or revocation of license or registration pending investigation and correction of violation

At such time as the Commissioner of Agriculture deems there has been a violation of this part and the rules and regulations promulgated under this part, he shall have the power and authority, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to suspend the license or registration pending investigation of the violation and until such time as the violation has been corrected to the satisfaction of the Commissioner. During the period of time of any investigation of a violation, the Commissioner shall have the power and authority to impound all books and records and to preserve and maintain evidence until the investigation is completed; provided, however, that the investigation shall be completed at the earliest practicable time.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-120 - Enjoining violations

In addition to the remedies provided in this part and notwithstanding the existence of any other remedy of law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court; and such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction or an ex parte restraining order restraining or enjoining any person from violating or continuing to violate this part or for the failure or refusal to comply with this part or any rule or regulation promulgated under this part. Such injunction shall be issued without bond.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-121 - Procedure for adopting or changing rules and regulations; administrative review of objections

(a)
Prior to adoption or change of any rules and regulations, the Commissioner of Agriculture shall promulgate the proposed rule or regulation or change and afford interested persons an opportunity to be heard and submit data and views orally or in writing.
(b)
Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner and who believes that the Commissioner, in the promulgation or enforcement of such rule or regulation, has exceeded the authority vested in him by the General Assembly under the Constitution of Georgia or the United States shall have the right to petition the Commissioner for the repeal or rejection of such rule or regulation by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and afford the petitioner an opportunity to be heard within 30 days; and, after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures within 30 days after the hearing to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy; and every person affected by any rule or regulation or any act of the Commissioner is required to exhaust this remedy before taking any other steps, except as otherwise provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(c)
All hearings before the Commissioner shall be stenographically reported and shall be available to any interested party upon payment of the stenographic cost.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-122 - Judicial review of administrative decision

Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this part or by the state or federal Constitution is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for the judicial review of contested cases.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 1 - LEAF TOBACCO SALES AND STORAGE (§§ 10-4-100 — 10-4-123) › Section 10-4-123 - General penalty for violation of part

Any person who shall violate any provision of this part for which no specific punishment is provided in this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-140 - Legislative intent and findings

It is the intent and purpose of this part to enable producers of flue-cured leaf tobacco to avail themselves of an adequate and safe method of storing flue-cured leaf tobacco unsold in the year of production until the subsequent selling season for purposes of marketing at that time. It is found by the General Assembly that the provisions specified in this part are necessary to the proper marketing of carry-over flue-cured leaf tobacco.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-141 - Definitions

As used in this part, the term:
(1)
"Carry-over tobacco" means any tobacco unsold in the year of its production and held, for whatever reason, in storage until the subsequent selling season for sale in that season.
(2)
"Operator" means any person, firm, partnership, or corporation engaged in the receipt for storage or storage, or both, of tobacco unsold in the year of production until the subsequent selling season for sale in that season.
(3)
"Producer" means any flue-cured leaf tobacco grower who has tobacco in excess of his current marketing quota which will be eligible for sale during the subsequent selling season.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-142 - Licenses for carry-over tobacco services

No person, real or corporate, shall operate a service for receiving within this state flue-cured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner shall prescribe. The license fee shall be $40.00 for each year. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
. Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed without cost under this part upon application to the Commissioner. This part shall not require licensing of any federal agency, its agents, or contractors who receive carry-over tobacco.
Amended by 2010 Ga. Laws 360,§ 1-32, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-143 - Fire and extended coverage insurance on stored tobacco

As a prerequisite to the issuance of a license under this part, each applicant shall furnish evidence to the Commissioner of Agriculture that there is in force an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended coverage provisions, for its full value, upon the best terms obtainable by individual or reporting form blanket policies on the carry-over tobacco to be received for storage or stored, or both, by him in the year for which the license is sought, either provided by the applicant or the actual storer of the tobacco. The insurance policy shall be written by an insurance company, of the applicant's choice, authorized to transact business in this state or in the state where the tobacco is stored. Such insurance policy shall be effective for the entire storage period and shall be approved in form by the Commissioner of Insurance. A copy of the insurance policy shall be filed with the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-144 - Each licensee to be bonded

As a prerequisite to the issuance of a license under this part, each applicant shall also furnish evidence to the Commissioner of Agriculture that he has in force for the year for which the license is sought a bond issued by a corporate entity authorized to do business in this state in the penal sum of $10,000.00. The bond shall be conditioned upon the licensee performing all the duties imposed upon him by law and the accounting for the proceeds of all carry-over flue-cured leaf tobacco received by him for storage and for sale.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-145 - Maximum charges and expenses

The maximum charges and expenses to be maintained by operators under this part receiving tobacco unsold in the year of production to be stored until sold in the subsequent selling season shall not exceed 5¢ per pound for services rendered, if sold on a green-weight basis. If sold on a dry-weight basis, the charges may also include the actual cost of redrying as leaves or strips and shipping charges.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-146 - Licensees to render statements upon receipt of tobacco

Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of the amount of tobacco tendered and the amount to be charged for servicing that tobacco other than actual cost of redrying as leaves or strips and shipping charges.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-147 - Division of money received above contract sales price plus charges and expenses

The contract between the operator and producer shall state the percentage division of money received above the contract sales price plus a service charge and processing cost. The producer shall in no event receive less than 50 percent of this sum.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-148 - Licensees' records and reports

Each licensee shall keep a record of the number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount received from each producer. The records shall also show the final disposition of the tobacco, whether redeemed by the producer or sold by operator for the producer at the subsequent selling season. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner of Agriculture in such manner as to show accurately the origin and disposition of the carry-over tobacco. Each licensee shall transmit this information to the Commissioner in such reports as prescribed by him. The licensee shall submit to the Commissioner a copy of all reports he is required by law or regulation to submit to the United States Department of Agriculture - Agricultural Soil Conservation Service.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-149 - Commissioner of Agriculture to keep storage and sale records; publication

The Commissioner of Agriculture shall cause to be kept and compiled the information submitted to him as to the storage and sale of carry-over tobacco and is authorized to cause the information to be published in a manner that he deems most beneficial.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-150 - Tender for storage not deemed sale; sale not consummated before next season

The tendering of carry-over tobacco by producers to operators to be stored until the next selling season shall not be deemed a sale as of the time of the tender. The sale of carry-over tobacco may not be consummated until after the beginning of the subsequent selling season.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-151 - Certified public weighers to be provided by licensees

It shall be the duty of each licensee to provide a certified public weigher for the weighing of carry-over tobacco at the time and place of receipt of the tobacco by operators for storage until the subsequent selling season, and it shall be unlawful for any person who is not a certified public weigher to weigh such tobacco.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-152 - Regulations and physical standards for premises; inspection of premises

The Commissioner of Agriculture shall be authorized to promulgate regulations to implement this part, to accomplish its purposes, and to prescribe physical standards for buildings and premises used for the receipt or storage, or both, of carry-over tobacco. Such standards shall be reasonably designed to ensure the protection of producers and others from loss or damage to carry-over tobacco when received or held for storage, or both, until the subsequent selling season. It shall be a prerequisite to the issuance of a license under this part that the applicant has complied with all standards promulgated pursuant to this Code section. The Commissioner, or his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-153 - Enforcement of part; revocation or suspension of licenses

It shall be the duty of the Commissioner of Agriculture to enforce this part and to utilize any employee of the Department of Agriculture in the performance of his duties under this part. The Commissioner is authorized to revoke or suspend, for violation of this part, any license issued under this part after notice and hearing before the Commissioner, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-154 - Enjoining violations

In addition to the remedies provided in this part and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court and the court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or an ex parte restraining order restraining or enjoining any person from violating or continuing to violate this part or for the failure or refusal to comply with this part or any rule or regulation promulgated under this part. Such injunction shall be issued without bond.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 2 - CARRY-OVER LEAF TOBACCO STORAGE AND SALE (§§ 10-4-140 — 10-4-155) › Section 10-4-155 - Penalty for violating part or rules or regulations

Any person who violates any provision of this part or the rules and regulations issued under this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-170 - Local boards of trade and state-wide organization of warehousemen authorized

(a)
Tobacco warehousemen licensed and bonded under the laws of this state to operate warehouses for the sale of leaf tobacco at auction are authorized to organize, either as nonstock corporations or as voluntary associations, tobacco boards of trade in the several municipalities of this state in which leaf tobacco is sold on warehouse floors at auction.
(b)
Said tobacco warehousemen may also, by majority vote, authorize any nonstock corporation or voluntary association of tobacco warehousemen, in which a majority of such warehousemen in this state are members, to exercise on a state-wide basis the powers and duties provided in this part. In the event there shall be more than one such nonstock corporation or voluntary association in which a majority of such warehousemen are members, that organization possessing the largest number of such members shall be the organization which may be vested with such authority.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-171 - Arbitrating organization of board of trade

In the event there are two such warehousemen in a municipality and in the event the two cannot agree as to the organization of any such board, or cannot agree as to any matter authorized under this part, it shall be the duty of each, upon notice or request by the other, to appoint one disinterested person; and the two persons so appointed shall appoint a third disinterested person; and the three persons so appointed, with the two warehousemen, shall determine the questions involved in the controversy, on failure to agree, by a majority vote.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-172 - Rules and regulations of boards of trade and state-wide organization

(a)
Each such tobacco board of trade is authorized to make reasonable rules and regulations not in conflict with the laws of this state and the rules and regulations promulgated under the laws of this state for the economical and efficient handling and sale of leaf tobacco at auction on the warehouse floors in the municipality in which the tobacco board of trade is organized under this part.
(b)
A state-wide corporation or association, as provided in this part, is authorized to make such reasonable rules and regulations as provided in this part for the economical and efficient handling and sale of leaf tobacco at auction in the several tobacco markets in this state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-173 - Local and state-wide membership fees

(a)
The tobacco boards of trade in the several municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee which shall not exceed:
(1)
$50.00 in those municipalities in which less than 3 million pounds of tobacco was sold at auction during the year 1960;
(2)
$100.00 in those municipalities in which not less than 3 million pounds but less than 10 million pounds of tobacco was sold at auction during the year 1960;
(3)
$150.00 in those municipalities in which not less than 10 million pounds but less than 25 million pounds of tobacco was sold at auction during the year 1960;
(4)
$300.00 in those municipalities in which 25 million pounds or more of tobacco was sold at auction during the year 1960.
(b)
A state-wide corporation or association, as provided in this part, may require as a condition to membership therein the payment of a reasonable fee which shall not exceed $100.00 per 1 million pounds of producers' tobacco sold at auction during the year preceding the year in which the fee is assessed.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-174 - Membership in board of trade and state-wide organization as conditions for operating warehouse

In addition to complying with the laws of this state relative to the operation of tobacco warehouses, local boards of trade may require membership in good standing in the local board of trade as a condition to participate in the business of operating a tobacco warehouse in such municipality; and, in addition thereto, a state-wide corporation or association, as provided in this part, may require membership in such state-wide organization as a condition to participate in the business of operating a tobacco warehouse in this state; and such requirements shall be deemed reasonable requirements by the board of trade or state-wide organization.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-175 - Categories of membership; participation in allocating sale time; liability for board's acts

Membership in the several boards of trade may be divided into categories as the board may provide in its bylaws and may include, in addition to warehousemen, members other than warehousemen. The holder of a membership other than a warehouseman shall not participate in the allocation of sale time among the warehousemen. The board of trade may provide for the participation of membership other than warehousemen in matters other than the allocation of sales time. Members in any of the several boards of trade authorized by this part shall not be responsible or liable for any of the acts, omissions, or commissions of the several tobacco boards of trade except as to the extent of their participation therein. Membership in a state-wide corporation or association, as provided in this part, shall be limited to warehousemen. The holder of a membership in such state-wide organization who is not the operator of a warehouse in this state shall not participate in the allocation of sales time among the tobacco markets in this state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-176 - Appealing suspension or expulsion from board of trade or state-wide organization

Any person suspended or expelled from a tobacco board of trade may appeal from such suspension or expulsion to the superior court of the county in which the board of trade is located. Any person suspended or expelled from the state-wide organization provided for in this part may appeal from such suspension or expulsion to the superior court of the county in which the person's warehouse is located. The appeal shall be a de novo investigation by the court, and the court in considering the appeal may make such findings in relation thereto as the circumstances may warrant.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 3 - TOBACCO WAREHOUSING (§§ 10-4-100 — 10-4-177) › Part 3 - TOBACCO WAREHOUSEMEN'S ASSOCIATIONS (§§ 10-4-170 — 10-4-177) › Section 10-4-177 - Price fixing or restraint of trade not authorized; regulation of leaf tobacco selling unaffected

Nothing in this part shall authorize the organization of any association or corporation having for its purpose the control of prices or the making of rules and regulations in restraint of trade or in conflict with the laws of this state or rules and regulations promulgated under such laws. Nothing contained in this part shall supersede, alter, amend, or repeal the authority of the Commissioner of Agriculture to regulate the sale of leaf tobacco as provided by law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 4 - CONVENIENCE WAREHOUSING (§§ 10-4-190 — 10-4-193) › Section 10-4-190 - Short title

This article shall be known and may be cited as the "Convenience Warehouse Act of 1975."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 4 - CONVENIENCE WAREHOUSING (§§ 10-4-190 — 10-4-193) › Section 10-4-191 - Definitions; exemption of state licensed or bonded warehouses

(a)
As used in this article, the term:
(1)
"Convenience warehouse" means a series of storage spaces contained in one building or in a series of buildings which are designed and used for the purpose of renting or leasing individual storage spaces to persons in order that any person renting or leasing one or more of such individual storage spaces shall have access for the purpose of storing property therein.
(2)
"Person" means an individual, corporation, association, partnership, or other organization.
(b)
Nothing in this article shall be construed to apply to a public warehouse licensed pursuant to Article 1 of this chapter, as now or hereafter amended, nor to any person engaged in business as a bonded public warehouseman pursuant to law providing for such bonded public warehouseman.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 4 - CONVENIENCE WAREHOUSING (§§ 10-4-190 — 10-4-193) › Section 10-4-192 - Convenience warehouseman to obtain and retain certain information; property ownership statement

(a)
Any person engaged in the business of operating a convenience warehouse shall obtain from each person renting or leasing a storage space the following information:
(1)
His name, age, home address, and home telephone number, if any;
(2)
His social security number, if any;
(3)
His driver's license number, if any; and
(4)
The name and address of his employer.
(b)
In addition to the requirements of subsection (a) of this Code section, any person renting or leasing a storage space from a convenience warehouse shall sign a written document, under oath, that he is the owner of or has legal possession of any property which he intends to store in the storage space rented or leased by him. A copy of the signed document shall be given to the person executing it, and the original thereof shall be retained in the records of the person engaged in the business of operating the convenience warehouse.
(c)
The information required by subsections (a) and (b) of this Code section shall be retained by the person engaged in the business of operating the convenience warehouse for a period of at least one year following the last date on which the storage space was rented or leased to the person covered by such information.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 4 - CONVENIENCE WAREHOUSING (§§ 10-4-190 — 10-4-193) › Section 10-4-193 - Penalties

(a)
Any person engaged in the business of operating a convenience warehouse who fails to obtain the information required by subsection (a) of Code Section
10-4-192
or who rents or leases a storage space without first obtaining the written document required by subsection (b) of Code Section
10-4-192
or who knowingly and willfully fails to comply with subsection (c) of Code Section
10-4-192
shall be guilty of a misdemeanor.
(b)
Any person who intentionally provides any false information pursuant to subsection (a) of Code Section
10-4-192
shall be guilty of a misdemeanor.
(c)
Any person who knowingly provides false information in executing the document required by subsection (b) of Code Section
10-4-192
commits the offense of false swearing within the meaning of Code Section
16-10-71
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-210 - Short title

This article shall be known and may be cited as the "Georgia Self-service Storage Facility Act of 2013."
Amended by 2013 Ga. Laws 172,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-211 - Definitions

For purposes of this article, the term:
(1)
"Email" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks.
(2)
"Last known address" means the street address, post office box address, or email address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or email.
(3)
"Occupant" means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4)
"Owner" means the operator, lessor, or sublessor of, or person having an ownership interest in, a self-service storage facility; an agent of such operator, lessor, or sublessor; or any other person authorized to manage the facility or to receive rent from an occupant under a rental agreement.
(5)
"Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, and household items and furnishings.
(6)
"Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.
(7)
"Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property; provided, however, that such term shall not mean a:
(A)
Warehouse within the meaning of Article 1 of this chapter, known as the "Georgia State Warehouse Act"; or
(B)
Safe-deposit box or vault maintained by banks, trust companies, or other financial entities.
(8)
"Verified mail" means certified mail, registered mail, statutory overnight delivery, or other method of mailing or delivery in which the post office or delivery service furnishes proof that the parcel was sent.
Amended by 2019 Ga. Laws 258,§ 1, eff. 7/1/2019.
Amended by 2013 Ga. Laws 172,§ 1, eff. 7/1/2013.
Amended by 2004 Ga. Laws 777, § 1, eff. 7/1/2004.