reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-11.1 - Ownership of agricultural product harvested by dealer, agent or employee, or independent contractor retained by dealer; prompt payment; certificate of receipt and quality

(a)
In the absence of a written contract between the producer and a dealer in agricultural products to the contrary, any agricultural product which is harvested by a dealer, an agent or employee of a dealer, or an independent contractor retained by a dealer or which is delivered to a dealer or an agent or employee thereof on the farm or at a facility of the dealer shall become the property of the dealer at the time of delivery and the dealer shall become obligated to pay the agreed-upon price as provided in subsection (b) of this Code section.
(b)
A dealer in agricultural products shall make prompt payment for agricultural products purchased in this state. Prompt payment shall mean payment 20 days following delivery, as provided in subsection (a) of this Code section, unless explicitly stated otherwise in a written contract agreed to by the producer and dealer in agricultural products.
(c)
Unless explicitly stated otherwise in a written contract, at the time of delivery as specified in subsection (a) of this Code section, the dealer and the producer in agricultural products shall jointly issue a certificate of receipt and quality to the producer or the producer's agent. The certificate of receipt and quality shall contain information, including but not limited to the:
(1)
Name and address of the dealer in agricultural products;
(2)
Name and address of the producer;
(3)
Delivery date and time of receipt;
(4)
Description of the product as to identity, quantity, quality, condition, and grade of the product;
(5)
Price per unit; and
(6)
Terms of the transaction.
Information contained in the certificate of receipt and quality pertaining to quality, quantity, and price shall be presumed to be satisfied unless such agricultural product is inspected and a certificate stating the product is in a different condition is issued by an inspector pursuant to Code Section
2-9-11
within 48 hours of delivery of the agricultural product to the dealer.
(d)
This Code section does not preclude the producer from commencing and maintaining an action against the dealer as in any civil action.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-12 - Sale or possession of substandard products prohibited

(a)
It shall be unlawful for any dealer in agricultural products to sell, offer for sale, or possess any agricultural product that does not comply with the standards of quality established by the Commissioner under authority of law or with the laws and rules and regulations pertaining to such product.
(b)
It is the intent and purpose of this Code section to prevent the sale of agricultural products that do not comply with the laws, standards of quality, and rules and regulations pertaining thereto.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-13 - Rules and regulations

The Commissioner shall adopt and enforce rules and regulations deemed necessary to carry out this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-14 - Injunctions

In addition to the other remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court, which court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate this article or from failing or refusing to comply with this article or any rule or regulation adopted by the Commissioner as provided in this article. Such injunction shall be issued without bond.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-15 - Applicability of article

(a)
This article shall not apply to:
(1)
Farmers or groups of farmers in the sale of agricultural products grown by themselves;
(2)
Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or
(3)
Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the "Georgia Food Act," who conduct no business at the wholesale level and who have fewer than ten employees.
(b)
No warehouse that is in full compliance with the provisions of Article 1 of Chapter 4 of Title 10 shall be required to obtain a license or maintain a surety bond under this article.
Amended by 2013 Ga. Laws 262,§ 4, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 1 - GENERAL PROVISIONS (§§ 2-9-1 — 2-9-16) › Section 2-9-16 - Penalty

Any dealer in agricultural products who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-30 - Definitions

As used in this article, the term:
(1)
"Grain" means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, soybeans, clover, and grain sorghum. The term does not include grain which has been produced or packaged for purchase or distribution as seed.
(2)
"Grain dealer" means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any grain purchased from the producer or his or her agent or representative, received on consignment from the producer or his or her agent or representative, or received to be handled on a net return basis from the producer.
(3)
"On consignment" means any receipt or sale of grain for the account of a person other than the seller in which the seller acts as the agent for the owner.
(4)
"Producer" means any producer of grain.
Amended by 2013 Ga. Laws 262,§ 5, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-31 - License required

It shall be unlawful for any dealer in grain who comes within the terms of this article to engage in such business in this state without a state license issued by the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-32 - Application for license

(a)
Every grain dealer desiring to transact business in this state shall file an application for a license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:
(1)
The name of the business;
(2)
The business address of the applicant;
(3)
The complete telephone number of the applicant;
(4)
The type of ownership, whether individual, partnership, corporation, or other;
(5)
The name of the owner or, if a partnership or corporation, the name of the partners or stockholders;
(6)
The names of the certified public weighers;
(7)
The name of the manager; and
(8)
The dollar value of business transacted from producers for the highest month during the preceding calendar year.
(b)
(1)
Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include:
(A)
A balance sheet;
(B)
A profit and loss statement of income;
(C)
A statement of retained earnings; and
(D)
A statement of changes in financial position.
(2)
The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.
(3)
Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section
2-9-34
.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-33 - Issuance, renewal, and expiration of license

Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section
2-9-36
, he or she shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section
2-9-34
, a state license entitling the applicant to conduct business as a dealer in grain. A fee in an amount fixed by rule or regulation of the Commissioner at not less than $100.00 nor more than $150.00 per annum shall be charged for such license. All such licenses shall be renewed annually on or before June 30. Any license which is not renewed on or before such date shall expire on June 30. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
Amended by 2010 Ga. Laws 360,§ 1-6, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-34 - Bond - Required

(a)
Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $300,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing.
(b)
In lieu of a surety bond, the Commissioner may accept a cash bond which shall be subject in all respects to the same claims and actions as would exist against a surety bond.
(c)
If the surety bond or cash bond of a licensed grain dealer is canceled, the license of such grain dealer shall immediately be revoked by operation of law without notice or hearing.
Amended by 2013 Ga. Laws 262,§ 6, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-35 - Bond - Breach of conditions; complaint to Commissioner; hearing and settlement; action on bond; pro rata distribution of insufficient bond proceeds

(a)
Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section
2-9-34
may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond.
(b)
Upon the filing of the complaint in the manner provided in this Code section, the Commissioner shall investigate the charges made and, at his discretion, order a hearing before him or his hearing officer, giving all parties concerned notice of the filing of such complaint and the time and place of such hearing. At the conclusion of the hearing, the Commissioner shall report his findings and render his conclusion upon the matter complained of to the complainant and respondent in the case, who shall have 15 days following such report in which to make effective and satisfy the Commissioner's conclusions.
(c)
If such settlement is not effected within such time, the Commissioner or the producer may institute appropriate legal proceedings to enforce the claim. If the producer is not satisfied with the ruling of the Commissioner, he may commence and maintain an action against the principal and surety on the bond of the parties complained of, as in any civil action.
(d)
If the bond or collateral posted is insufficient to pay the valid claims of producers in full, the Commissioner may direct that the proceeds of the bond shall be divided pro rata among the producers.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-36 - Denial, suspension, or revocation of license - Grounds

The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has:
(1)
Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied;
(2)
Made false charges for handling or services rendered;
(3)
Failed to account promptly and properly or to make settlements with any producer;
(4)
Made any false statement or statements as to the condition, quality, or quantity of grain received or held for sale, when he could have ascertained the true condition, quality, or quantity by reasonable inspection;
(5)
Made any false or misleading statement or statements as to market conditions or service rendered;
(6)
Been guilty of a fraud in the attempt to procure or in the procurement of a license;
(7)
Directly or indirectly sold grain received on consignment or on a net return basis for his own account, without prior authority from the producer consigning the same or without notifying such producer; or
(8)
Through any other action, violated this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-37 - Denial, suspension, or revocation of license - Notice and hearing

Before the Commissioner refuses or revokes any license, he shall give the applicant or licensee ten days' notice, by registered or certified mail or statutory overnight delivery, of a time and place of hearing. At such hearing the applicant or licensee shall be privileged to appear in person or by or with counsel and to produce witnesses. If the Commissioner finds the applicant or licensee to be in violation of this article, the Commissioner may refuse, suspend, or revoke such license. He shall give immediate notice of his action to the applicant or licensee.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-38 - Grain to be weighed by certified public weigher

All grain purchased from a producer by a dealer licensed under this article shall be weighed by a certified public weigher licensed in accordance with Article 2 of Chapter 2 of Title 10, relating to certified public weighers.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-39 - Scales

Each grain dealer under this article must be equipped with or have available to him suitable scales which are in good order and so arranged that all grain can be weighed by the dealer. The scales belonging to or used by such grain dealer shall be subject to examination by representatives of the Commissioner and to disapproval by the Commissioner. If the Commissioner disapproves of any weighing apparatus, it shall not be used in ascertaining the weight of grain for the purpose of this article until such disapproval is withdrawn.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-40 - Consignment records; settlement with producer

(a)
Upon the receipt of grain products on a consignment basis and as he handles and disposes of the grain products, every grain dealer shall make a record thereof and shall preserve such record for at least one year. The record shall specify:
(1)
The name and address of the producer consigning such grain;
(2)
The date of receipt;
(3)
The kind and quality of the grain;
(4)
The amount sold;
(5)
The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of "cash";
(6)
The selling price; and
(7)
The items of expenses connected therewith.
(b)
An "account of sales," together with payment in settlement for the shipment, shall be mailed to the producer within 48 hours after the sale of the grain, unless otherwise agreed to in writing.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-41 - Investigations

(a)
Upon the complaint of any interested person or upon his own initiative, the Commissioner shall have the power to investigate:
(1)
The record of any applicant or licensee;
(2)
Any transaction involving the solicitation, receipt, sale, or attempted sale of grain;
(3)
The failure to pay proper and true accounts and settlements at prompt and regular intervals;
(4)
The making of false statements as to condition, quality, or quantity of grain received or in storage;
(5)
The making of false statements as to market conditions with intent to deceive;
(6)
The failure to make payment for grain received; or
(7)
Other alleged injurious transactions.
(b)
For such purposes, the Commissioner or his agents may examine the ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, at the place or places of business of the applicant, licensee, or unlicensed person, partnership, corporation, or other entity, and may take testimony thereon under oath.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-42 - Rules and regulations

The Commissioner shall adopt and enforce rules and regulations deemed necessary to carry out this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-42.1 - Publication of names, locations, and manner of payment by licensed grain dealers

The Commissioner may publish in print or electronically the names and locations of licensed grain dealers and the names and locations of those operations certifying that payment will be made on a cash or certified check basis.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-43 - Injunctions

In addition to the other remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court, which court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate this article or from failing or refusing to comply with this article or any rule or regulation adopted by the Commissioner as provided in this article. Such injunction shall be issued without bond.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-44 - Applicability of article

This article shall not apply to:
(1)
Farmers in the sale of grain grown by themselves;
(2)
Persons who buy for cash, paying at the time of the purchase in United States currency, certified check, or cashier's check; or
(3)
Persons licensed and bonded in accordance with Article 1 of Chapter 4 of Title 10, the "Georgia State Warehouse Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 9 - DEALERS IN AGRICULTURAL PRODUCTS (§§ 2-9-1 — 2-9-45) › Article 2 - GRAIN DEALERS (§§ 2-9-30 — 2-9-45) › Section 2-9-45 - Penalty

Any dealer in grain who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 1 - [RESERVED] (§ 2-10-1) › Section 2-10-1 - through 2-10-39 - [Reserved]

Repealed by Ga. L. 2008, p. 224, § 1, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-50 - Short title

This article shall be known as the "Georgia Marketing Act of 1981."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-51 - Purpose of article

This article is intended to promote the handling, packing, transporting, storage, distribution, inspection, and sale of agricultural products and to assist producers and consumers in selling and purchasing such products under fair conditions. It is the further intent and purpose of this article to authorize the Commissioner to control the operation of farmers' markets.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-53 - Powers and duties of Commissioner generally

The Commissioner of Agriculture is charged with the duty of establishing, operating, and maintaining farmers' markets and is charged with the responsibility of enforcing this article. In addition to any other powers conferred on him by this article, he may:
(1)
Investigate methods and practices in connection with the production, handling, standardizing, grading, classifying, sorting, weighing, packing, transporting, storing, inspecting, and sale of agricultural products of all kinds within the state and all matters relevant thereto;
(2)
Gather, formulate, and disseminate, in such form and at such times as he deems advisable, information relating to the matters included within paragraph (1) of this Code section;
(3)
Disseminate, in such form and at such times as he deems advisable, information relating to market conditions, including, but not limited to, the supply, demand, and prices for all agricultural products and such other information as may benefit the producers, purchasers, and consumers of this state;
(4)
Ascertain sources of supply of agricultural products and publish in print or electronically the names and addresses of producers and consignors thereof;
(5)
Assist and advise in the organization and the operation of cooperatives and other associations in order to improve relations and services among producers, distributors, and consumers;
(6)
Investigate delays, embargoes, conditions, practices, charges, and rates in the transportation and handling of agricultural products and, when deemed necessary, cause proceedings to be instituted before the proper authority or tribunal to improve and adjust same and cause the proper proceedings to be instituted to prevent unlawful combinations or agreements in restraint of trade or the fixing of prices;
(7)
Take such steps as he deems advisable to prevent the waste or spoilage of agricultural products;
(8)
Secure the cooperation and assistance of the United States Department of Agriculture or any other agency or department of the United States or of other states;
(9)
Secure the cooperation and assistance of the other departments and agencies of this state, the University of Georgia, the other colleges and universities of the University System of Georgia, and other organizations that may be of assistance; and
(10)
Take such other measures as shall be proper for carrying out the purposes of this article.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-53.1 - Oversight by legislative advisory committee; membership; duties; expiration

(a)
The Commissioner shall establish, operate, and maintain this state's farmers' markets under the oversight of a legislative advisory committee to be composed as follows:
(1)
" The chairpersons of the House Appropriations Subcommittee for Economic Development and Tourism and the Senate Appropriations Subcommittee for Agriculture and Natural Resources or their designees, ex officio;"
(2)
The chairperson of the House Agriculture and Consumer Affairs Committee or his or her designee;
(3)
The chairperson of the Senate Agriculture and Consumer Affairs Committee or his or her designee;
(4)
Three members of the House of Representatives appointed by the chairperson of the House Agriculture and Consumer Affairs Committee; and
(5)
Three members of the Senate appointed by the chairperson of the Senate Agriculture and Consumer Affairs Committee.
(b)
The members of the legislative advisory committee shall appoint the committee's chairperson and vice-chairperson, who shall each serve two-year terms to coincide with the legislative biennium of the General Assembly.
(c)
The members of the legislative advisory committee shall receive the allowances provided for in Code Section
28-1-8
.
(d)
The legislative advisory committee created by this Code section shall be tasked with the duty to:
(1)
Commission an independent study of the economic viability and public benefit of each existing farmers' market with an analysis of the benefits to this state's agribusiness economy, including this state's farmers, food supply chain, grocers, restaurants, agri-tourism, local economies, and the effectiveness of the marketing of Georgia grown products. Upon completion of the study, the findings shall be presented to the legislative advisory committee; and
(2)
Using such findings as provided for in paragraph (1) of this subsection, coordinate with the Commissioner and the department to develop a five-year plan for all of this state's farmers' markets that maximizes the public benefit of all farmers' market properties and ensures efficient and fiscally responsible operation of such markets.
(e)
This Code section shall stand repealed on January 10, 2027.
Amended by 2024 Ga. Laws 609,§ 1-1, eff. 5/6/2024.
Added by 2021 Ga. Laws 204,§ 1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-54 - Employees prohibited from engaging in business as dealer in agricultural products

All full-time employees of the department whose regular work duties involve the operation of any farmers' market are prohibited from engaging in business as a "dealer in agricultural products," as that term is defined in Code Section
2-9-1
, during their term of employment.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-55 - Authority of Commissioner to make inspections, prescribe and collect fees and charges, and assign space on farmers' markets

(a)
In addition to any powers heretofore granted, the Commissioner shall have the authority to:
(1)
Inspect all agricultural products coming into Georgia markets or offered for sale within the state;
(2)
Prescribe and collect reasonable fees and charges to pay the necessary costs of operating and maintaining farmers' markets; and
(3)
Assign space on farmers' markets and make changes in such assignments as circumstances may require.
(b)
Nothing contained in this article shall be construed to limit any power or duty conferred upon the Commissioner by existing law.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-56 - Promulgation of rules and regulations by Commissioner

The Commissioner is authorized to promulgate such rules and regulations as in his judgment may be necessary to conduct and operate farmers' markets properly and to implement this article. Such rules and regulations may include, but are not limited to, rules and regulations to:
(1)
Establish procedures for the operation of farmers' markets;
(2)
Provide for the maintenance of safety and order;
(3)
Provide for health and sanitation;
(4)
Establish grades and classes of agricultural products;
(5)
Designate places on any market where agricultural products may be sold;
(6)
Regulate or prohibit the sale of produce which is below specified grades or produce unfit for human consumption; and
(7)
Regulate or prohibit the sale of any agricultural product which is below specified grades or unfit for human consumption.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-57 - Authority of Commissioner to provide for safety and security at farmers' markets; police powers

(a)
The Commissioner is authorized to provide for safety and security at the farmers' markets and to make such rules and regulations as are necessary for this purpose. The Commissioner is vested with police powers to enforce this article, rules and regulations promulgated pursuant to this article, and all state laws that govern and control farmers' markets.
(b)
(1)
The Commissioner is authorized to employ, designate, deputize, and delegate to employees of the department the authority to exercise the police powers provided under subsection (a) of this Code section at the Atlanta State Farmers' Market in Forest Park. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," are authorized to:
(A)
Carry firearms authorized or issued by the Commissioner while in the performance of their duties;
(B)
Exercise arrest powers;
(C)
Enforce the law and order at the farmers' market;
(D)
Order and escort off of the farmers' market those persons who are in trespass and remain in trespass by selling produce or other products without a current license or who are otherwise in violation of this article or rules and regulations promulgated pursuant to this article;
(E)
Serve and execute warrants;
(F)
Authorize to be towed vehicles that;
(i)
Park in designated fire lanes; or
(ii)
Are not properly licensed under state law or the law of the state of registration and remain parked on the farmers' market without authorization; and
(G)
Enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by persons who hold or have applied for licenses under this article for the purpose of determining compliance with the provisions of this article and other laws the administration or enforcement of which is the responsibility of the Commissioner.
(2)
From funds appropriated or available to the department, the Commissioner is authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this subsection.
(c)
This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce the laws of this state on the premises of farmers' markets. At the request of the Commissioner, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this article.
Amended by 2006 Ga. Laws 884,§ 1, eff. 5/5/2006.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-58 - Acquisition and rental of real property; format of lease execution; closing of farmers' markets

(a)
The Commissioner, acting for and on behalf of the department and in the name of the state, is authorized to:
(1)
Acquire, with the approval of the State Properties Commission, real property for the expansion, development, operation, and maintenance thereon of farmers' markets; and
(2)
Rent as landlord or lease as lessor without public advertising or competitive bid real property under the custody of or under rental to the department and utilized as a farmers' market for a term (period of time) commencing on the date of the instrument and not exceeding 20 years and for such use and rental and on such other terms and conditions and to such persons or other entities as he believes, following his negotiation and investigation thereof, to be in the best interests of his office, the department, and the state. The power and authority to rent and lease shall include the power and authority to sublet and sublease.
(b)
When the Commissioner acts pursuant to paragraph (1) of subsection (a) of this Code section, the title to the acquired real property shall be in the name of the State of Georgia and the custody of the real property shall be in the department.
(c)
When the Commissioner acts pursuant to and under the power and authority to lease set forth in paragraph (2) of subsection (a) of this Code section, the format of the instrument execution shall be as follows:
STATE OF GEORGIA,
Acting by and through its Department of Agriculture, a department within the executive branch of the state government of Georgia.
By:
(signature line)
(SEAL)
Name: (name of Commissioner of Agriculture) Title: Commissioner of Agriculture
Attest:
(signature line)
(SEAL)
Name: (name of Secretary of State) Title: Secretary of State of the State of Georgia (Department of Agriculture seal affixed here)
(Great Seal of the State of Georgia affixed to this instrument)
Signed, sealed, and delivered, (as to [names of Commissioner of Agriculture and Secretary of State]) in the presence of:
__________________
Unofficial witness
__________________
Notary public, official witness
My commission expires
__________________
(Notary public seal affixed here)
(d)
The Commissioner is further authorized to close a farmers' market. In making the determination of whether a market should be closed, the Commissioner shall consider the need for the particular market from the standpoint of the marketing of agricultural products, the convenience of farmers and consumers, the cost of operating and maintaining the market, and other relevant factors. When a farmers' market is closed by the Commissioner, custody of the real property encompassing the farmers' market may be transferred, with the approval of the Governor, from the department to the State Properties Commission by an executive order of the Governor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-59 - License required to sell in farmers' markets; consent to inspection of property; removal from premises

(a)
In order that the department may better manage the farmers' markets authorized by this article and to thereby facilitate the use of such farmers' markets by the citizens of this state, all persons and their employees, agents, and designees desiring to sell or to offer for sale any items at any farmers' market which charges a gate fee must first obtain a license for this purpose from the Commissioner. A license may be refused, suspended, or revoked in accordance with Code Section
2-10-60
.
(b)
By applying for a license or by operating under such license, the applicant or licensee, as the case may be, gives express consent for authorized representatives of the Commissioner to enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by the applicant or licensee.
(c)
The license required by this Code section is in addition to all other applicable licensing laws and shall not constitute an exemption or waiver thereof.
(d)
Any person who enters upon the premises of a farmers' market to sell or offer for sale any items at such market without the license required by subsection (a) of this Code section, if applicable, shall be subject to removal immediately from the farmers' market.
Amended by 2004 Ga. Laws 791, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-61 - Rules and regulations to continue in effect

To the extent consistent with this article, the Georgia Department of Agriculture Rules and Regulations for State Farmers' Markets, Chapters 40-9-1 through 40-9-11 of the Secretary of State's Official Compilation of Rules and Regulations for the State of Georgia, adopted or promulgated by the Commissioner of Agriculture pursuant to an Act approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, shall continue in force and effect as rules and regulations pursuant to this article. This article shall be considered as legal authority for those rules and regulations, and any reference in those rules and regulations shall be interpreted and read as a reference to this article. Those rules and regulations shall not be considered insufficient or defective for reason of reference to or stated reliance upon Ga. L. 1935, p. 369, as amended, instead of this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 2 - FARMERS' MARKETS (§§ 2-10-50 — 2-10-62) › Section 2-10-62 - Prohibited acts; penalty

(a)
It shall be unlawful for any person on a farmers' market to:
(1)
Engage in deceptive or dishonest trade practices;
(2)
Do any act or use any language insulting to another tenant or customer; intimidate a shopper into purchasing his or her products; attempt to fix the price of products of any other farmer, vendor, or merchant; or circulate false reports tending to upset or destroy the operation of the market;
(3)
Use any profane, abusive, or discourteous language on the market;
(4)
Break, deface, or destroy any part of a building upon the market; interfere with electrical fixtures or wiring; or do any act tending to destroy the physical properties of the market;
(5)
Move any cull agricultural products from any farmers' market for any purpose other than use as garbage or livestock feed or for dumping;
(6)
Sell, offer, or expose for sale any products not meeting the requirements of the laws of this state relating to weights and measures;
(7)
Use any false pack;
(8)
Sublet any stall or space without the express written approval of the Commissioner;
(9)
Fail or refuse to remove any vehicle or property upon direction of the farmers' market manager;
(10)
Erect any facility or structure upon a farmers' market without the express written approval of the Commissioner; or
(11)
Sell or offer for sale any items at a farmers' market without the license required by subsection (a) of Code Section
2-10-59
, if applicable.
(b)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
Amended by 2004 Ga. Laws 791, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 3 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 2-10-80 — 2-10-111) › Section 2-10-80 - Short title

This article may be cited as the "Cooperative Marketing Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 3 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 2-10-80 — 2-10-111) › Section 2-10-81 - Definitions

As used in this article, the term:
(1)
"Agricultural products" means:
(A)
Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and
(B)
Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams.
(2)
"Association" means any corporation organized under this article.
(3)
"Members" means actual members of associations without capital stock and holders of common stock in associations organized with capital stock.
(4)
"Persons" means individuals, firms, partnerships, corporations, and associations.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 3 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 2-10-80 — 2-10-111) › Section 2-10-82 - When associations deemed nonprofit

Associations organized under this article shall be deemed to be nonprofit since they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 10 - MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS (§§ 2-10-1 — 2-10-130) › Article 3 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 2-10-80 — 2-10-111) › Section 2-10-83 - Persons who may form cooperative association

Five or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under this article.