reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-57 - Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requirements applicable to state funds

Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-58 - Bond of persons handling funds under article; signing of checks, drafts, and negotiable instruments; election, powers, and duties of treasurer

Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Peanuts shall be signed by either the chairman or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-59 - Liability of commission members

The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-60 - Authority to confer with and make information available to governmental authorities of this state, other states, and the United States

The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-64 - Limiting of application of marketing order to certain marketing areas or portions of state

Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-65 - Seasonal marketing regulations; legislative findings; interpretation of Code section

(a)
The commission without prior notice to and public hearing for the producers or handlers of the peanuts directly affected, may issue and make effective seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this article with respect to peanuts. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regulations made effective for such marketing order pursuant to subsection (f) of Code Section
2-8-63
.
(b)
It is recognized that with respect to some peanuts, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or more often. It is intended that this Code section be interpreted liberally so that the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-66 - Applicability of orders regulating minimum quality, condition, size, or maturity

Whenever producers or handlers of peanuts regulated by a marketing order issued by the commission pursuant to this article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such peanuts from any source, whether produced within or outside this state, which peanuts do not meet such minimum requirements applicable to producers or handlers of such peanuts in this state, provided that such regulations shall not apply to any peanuts which have been produced outside of this state and are in transit on the effective date of the regulations.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-68 - Assessment constitutes personal debt; action for collection; fee for late payment; remedies cumulative

(a)
Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.
(b)
In the event that any producer or handler duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.
(c)
The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-69 - Books and records of processors and distributors; furnishing information to commission; inspection of books and records; confidentiality; enforcement

(a)
The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:
(1)
To maintain books and records reflecting their operations under the marketing order;
(2)
To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and
(3)
To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.
(b)
Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.
(c)
In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-70 - Use of designations of grade, quality, or condition without complying with regulations or marketing order

Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations authorized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-72 - Civil penalty; fixing amount of penalty; civil action; disposition of moneys

Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section
2-8-67
. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section
2-8-67
as are other moneys.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-73 - Action by Attorney General for civil penalties or injunctive relief; remedies court may impose; payment of costs

(a)
The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article.
(b)
If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c)
In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-74 - Referral of complaints to Attorney General or prosecuting attorney; hearing to consider charges; cease and desist order

(a)
The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," governing contested cases, to consider the charges set forth in such verified complaint.
(b)
In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.
(c)
After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-75 - False or fraudulent reports, statements, and records; failure or refusal to give name and address of person from whom peanuts received

(a)
Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.
(b)
Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he has received peanuts regulated by a marketing order issued and in effect under this article and the quantity of such peanuts received shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-76 - Criminal penalty

Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-77 - Construction of penalty and remedy provisions

The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-78 - Applicability to retailers of peanuts

This article shall not be applicable to any retailer of peanuts except to the extent that any retailer also engages in the processing or distribution of peanuts as defined in this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 3 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS (§§ 2-8-50 — 2-8-79) › Section 2-8-79 - Applicability of "Georgia Administrative Procedure Act."

The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-90 - Definitions

As used in this article, the term:
(1)
"Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of Georgia grown products to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of Georgia grown products.
(2)
"Commission" means the Agricultural Commodity Commission for Georgia Grown Products created under this article.
(3)
"Georgia grown products" means any agricultural, horticultural, floricultural, silvicultural, or vegetable products commercially produced in this state.
(4)
"Person" means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.
(5)
"Processor" means any person engaged within this state in the operation of receiving, grading, packing, canning, extracting, preserving, grinding, crushing, milling, or changing the form of a Georgia grown product for the purpose of preparing for market or marketing such product or engaged in any other activities performed for the purpose of preparing for market or marketing such product.
(6)
"Producer" means any person engaged within this state in the business of producing or causing to be produced for market Georgia grown products.
Amended by 2014 Ga. Laws 669,§ 2, eff. 4/29/2014.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-91 - Authority of Commissioner

The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-92 - Creation

There is created the Agricultural Commodity Commission for Georgia Grown Products.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-94 - Public corporation and instrumentality of the State of Georgia

The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-95 - Powers, duties, and authority of commission

(a)
The commission is authorized to accept donations, gifts, grants, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations.
(b)
Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
(c)
The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission.
(d)
Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-96 - Immunity from liability

The members and employees of the commission and the Commissioner shall be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, "The Georgia Tort Claims Act."
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-97 - Authority of Commissioner to issue, administer, and enforce provisions of marketing orders; hearings

(a)
The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)
(1)
Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any Georgia grown product, he or she shall, either upon his or her own motion, upon the motion of the commission, upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order.
(2)
Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of this state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(3)
The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-98 - Recommendation of promulgation of a marketing order

If, upon the basis of the record of testimony and evidence received at the hearing provided for in Code Section
2-8-97
, the commission determines that the issuance of a marketing order or amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:
(1)
Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for Georgia grown products in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of Georgia grown products to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of Georgia grown products, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of Georgia grown products only, without reference to any other brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims on behalf of or disparages the quality, value, sale, or use of any other commodity;
(2)
Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of Georgia grown products or any combination thereof and for the expenditure of moneys for such purposes; and
(3)
Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about Georgia grown products.
Amended by 2014 Ga. Laws 669,§ 2, eff. 4/29/2014.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-100 - Levying and collection of assessments

(a)
For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of any marketing order which authorizes the carrying out of advertising and sales promotion plans, such order shall provide for the levying of assessments upon producers or processors utilizing the Georgia grown trademark. Such orders shall be in sufficient amounts to defray the expenses of such activities. Each such order shall indicate the maximum rate of any such assessment. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate is proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment.
(b)
The commission may prescribe such rules as may be necessary and reasonable for the orderly collection of assessments and may take all legal action necessary to enforce payment of such assessments.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-101 - Limitations on application of marketing orders

Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of this state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-102 - Deposit and disbursement of funds; investment

(a)
Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds.
(b)
Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission to annually review these investments and determine that such investments comply with this Code section.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-103 - Duties of Attorney General

(a)
The Attorney General of this state shall represent the commission in legal matters and shall be the attorney for the commission.
(b)
The Attorney General shall, upon complaint by the commission, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-104 - Violations

Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 4 - AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS (§§ 2-8-90 — 2-8-105) › Section 2-8-105 - Rules and regulations

The commission is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this article. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2013 Ga. Laws 21,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-120 - Applicability

This article shall apply only to the Agricultural Commodity Commission for Equines.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-121 - Definitions

As used in this article, the term:
(1)
"Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines.
(2)
"Commission" means the Agricultural Commodity Commission for Equines created under this article.
(3)
"Equine" means any member of the Equidae family, including horses, mules, hinnies, and asses.
(4)
"Person" means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.
(5)
"Producer" means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-122 - Commissioner's authority

The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-123 - Commission created

There is created the Agricultural Commodity Commission for Equines.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-125 - Commission to be a public corporation and instrumentality of the state; powers; transaction of commission business

The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-126 - Receipt, collection, and disbursement of funds

The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-127 - Funds received under this article to be held in trust for the commission

Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-128 - Persons handling funds to be bonded

Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-129 - Committee members and employees not responsible individually for errors in judgment, mistakes or other acts

The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-130 - Commission authorized to share information with state and federal government agencies

The Commissioner and the commission are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 8 - AGRICULTURAL COMMODITIES PROMOTION (§§ 2-8-1 — 2-8-219) › Article 5 - AGRICULTURAL COMMODITIES COMMISSION FOR EQUINES (§§ 2-8-120 — 2-8-135) › Section 2-8-131 - Issuance, administration, and enforcement of marketing orders; hearing

(a)
The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)
(1)
Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any equines, he or she shall, either upon his or her own motion, upon the motion of the commission, or upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order.
(2)
Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(3)
The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing.
Added by 2006 Ga. Laws 652,§ 2, eff. 1/1/2007.