reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-113 - Effect of article on certain other laws

No provision of this article shall authorize any person to violate any of the provisions of any law or any rules or regulations adopted and promulgated thereunder, the administration and enforcement of which is assigned to the Department of Natural Resources or any division therein or to the Coastal Marshlands Protection Committee. This article shall not be construed as repealing, preempting, modifying, or limiting the authority or functions assigned to the Department of Natural Resources or its divisions or officials or to the Coastal Marshlands Protection Committee.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-113.1 - Local regulation of pesticides prohibited; variances from rule or regulation of Commissioner of Agriculture

(a)
No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture. This provision shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.
(b)
The governing authority of any county or municipality may, by resolution, petition the Commissioner of Agriculture for a variance from a rule or regulation of the Commissioner because of special circumstances relating to the use or application of a pesticide. If such a petition is received by the Commissioner, it shall be the duty of the Commissioner to notify the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the Agriculture and Consumer Affairs Committee and Natural Resources and the Environment Committee of the Senate and the Agriculture and Consumer Affairs Committee and the Natural Resources and Environment Committee of the House of Representatives that such petition has been received. The Commissioner shall conduct a public hearing on such petition and issue a decision on the requested variance within 60 days of the receipt of the petition. If a decision is not given within 60 days of the receipt of the petition, the variance shall automatically be granted. The Commissioner may grant a variance requested under this subsection with or without changes.
Amended by 2011 Ga. Laws 245,§ 2, eff. 5/13/2011.
Amended by 2009 Ga. Laws 74,§ 2, eff. 4/30/2009.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-114 - Penalties

Any person violating any provision of this article or any regulation adopted hereunder shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-131 - Cooperation with insurance fund

Consistent with the law of this state and within the limits of funds appropriated or otherwise available, the departments, agencies, and officers of this state may cooperate with the insurance fund established by the Pest Control Compact.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-132 - Filing of compact bylaws and amendments

Pursuant to Article IV (h) of the Pest Control Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-133 - Compact administrator

The compact administrator for the Pest Control Compact for this state shall be the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-134 - Request or application for assistance from insurance fund

Within the meaning of Article VI (b) or VIII (a) of the Pest Control Compact, a request or application for assistance from the insurance fund may be made by the Governor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-135 - Appropriation of funds; receipt and expenditure of payments

(a)
The funds necessary to carry out this article and the Pest Control Compact shall be paid from funds appropriated to or otherwise made available to the Department of Agriculture.
(b)
When any payment is made to this state pursuant to the Pest Control Compact for purposes of allowing this state to undertake or intensify a control or eradication program, such payment shall be received by the department, agency, or officer expending funds or becoming liable to expend funds for such control or eradication program. Such payment shall be expended for purposes of such control or eradication program by such department, agency, or officer; and such payment need not be paid into the general fund of the state treasury.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 4 - PEST CONTROL COMPACT (§§ 2-7-130 — 2-7-136) › Section 2-7-136 - "Executive head" defined

As used in the Pest Control Compact, with reference to this state, the term "executive head" shall mean the Governor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-150 - Short title

This article shall be cited as the "Georgia Boll Weevil Eradication Act of 1985."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-151 - Declaration of purpose

The boll weevil,
Anthonomus grandis
Boheman, is declared to be a serious pest and a menace to the cotton-growing industry. The purpose of this article is to provide for the eradication of this pest.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-152 - Definitions

As used in this article, the term:
(1)
"Bale" means a running bale of cotton averaging 500 pounds.
(1.1)
"Boll weevil" means
Anthonomus grandis
Boheman in any stage of development.
(2)
"Certificate" means a document issued by the Commissioner certifying that a regulated article is free of the boll weevil.
(3)
"Commissioner" means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act in his or her behalf.
(4)
"Department" means the Georgia Department of Agriculture.
(4.1)
"First handler" means that person who owns or operates the gin where cotton is first delivered from the cotton grower.
(5)
"Host" means any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle.
(6)
"Infested" means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infestation exists.
(7)
"Noncommercial cotton" means cotton intended for purposes other than processing.
(8)
"Permit" means a document issued or authorized by the Commissioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing.
(9)
"Person" means an individual, corporation, company, society, association, or other business entity.
(10)
"Regulated article" means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner.
Amended by 2009 Ga. Laws 97,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-153 - Administration and enforcement by Commissioner

The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-157 - Prohibited activities

It shall be unlawful:
(1)
To plant cotton in any eradication zone in which planting has been prohibited by the Commissioner;
(2)
To alter, forge, counterfeit, or engage in the unauthorized use of any certificate, permit, or other document provided for in this article; or
(3)
To store or handle any regulated article in the eradication zone or to move a regulated article into, through, or from the eradication zone in violation of the purposes of this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 5 - BOLL WEEVIL ERADICATION (§§ 2-7-150 — 2-7-158) › Section 2-7-158 - Penalties

(a)
Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court.
(b)
Any cotton grower or the first handler of cotton from a cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre or $12.50 per bale, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization.
(c)
Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his or her property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action.
Amended by 2009 Ga. Laws 97,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 7 - FERAL HOGS (§§ 2-7-200 — 2-7-204) › Section 2-7-200 - "Feral hog" defined

As used in this article, the term "feral hog" has the meaning provided by Code Section
27-1-2
.
Added by 2015 Ga. Laws 228,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 7 - FERAL HOGS (§§ 2-7-200 — 2-7-204) › Section 2-7-201 - Transport of live feral hogs; permit required

(a)
No person shall transport live feral hogs anywhere in this state unless authorized to do so pursuant to a feral hog transport permit carried on such person while engaging in the transport of such feral hogs.
(b)
(1)
Upon request by any person, the department shall issue a feral hog transport permit authorizing such person to transport live feral hogs; provided, however, that such permit shall only authorize the transportation of live feral hogs directly to slaughter, to a slaughtering facility, or to any other type of facility approved and licensed by the department, unless otherwise directed pursuant to an order issued by the state veterinarian.
(2)
The cost of a feral hog transport permit shall not exceed $15.00.
(c)
The department may require a license for the operation of any facility which holds but does not slaughter live feral hogs. The cost of such license shall not exceed $100.00.
(d)
Any fees for licenses collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
(e)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section
17-10-4
; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. In addition, any license or permit previously issued under Title 27 to any such person shall by operation of law be revoked and shall not be reissued for a period of three years after the date of conviction. Such person shall be notified of the revocation by the Department of Natural Resources either personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section
27-2-24
.
Added by 2015 Ga. Laws 228,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 7 - FERAL HOGS (§§ 2-7-200 — 2-7-204) › Section 2-7-202 - Commingling feral hogs with domestic swine prohibited

No person shall commingle feral hogs with domestic swine or hold feral hogs on any premises where domestic swine are located.
Added by 2015 Ga. Laws 228,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 7 - FERAL HOGS (§§ 2-7-200 — 2-7-204) › Section 2-7-203 - Penalty for violation

Except as provided in subsection (e) of Code Section
2-7-201
, any person who violates any provision of this article shall be guilty of a misdemeanor.
Added by 2015 Ga. Laws 228,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 7 - FERAL HOGS (§§ 2-7-200 — 2-7-204) › Section 2-7-204 - Promulgation of rules and regulations

The department may promulgate all rules and regulations necessary to administer the provisions of this article.
Added by 2015 Ga. Laws 228,§ 3, eff. 7/1/2015.
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 1 - SHORT TITLE; PURPOSE OF CHAPTER (§§ 2-8-1 — 2-8-2) › Section 2-8-1 - Short title

This chapter may be cited as the "Georgia Agricultural Commodities Promotion 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 1 - SHORT TITLE; PURPOSE OF CHAPTER (§§ 2-8-1 — 2-8-2) › Section 2-8-2 - Intent and purpose of chapter

It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of agricultural products. The provisions of this chapter which provide for the financing of the cost of programs authorized under this chapter are expressly found, determined, and declared to be an exercise of the authority vested in the General Assembly by this provision of the Constitution. It is the purpose of this chapter to promote agricultural products and commodities, provide education related to such agricultural products and commodities, and promote research concerning such agricultural products and commodities.
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 1A - TRADEMARK FOR "GEORGIA GROWN" (§ 2-8-5) › Section 2-8-5 - Definitions

(a)
As used in this Code section, the term:
(1)
"Agricultural commodities" means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.
(2)
"Processor" has the meaning provided by Code Section
2-8-11
.
(3)
"Producer" has the meaning provided by Code Section
2-8-11
.
(b)
The Commissioner shall be authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use in connection with the general promotion of agricultural commodities as being Georgia grown.
Added by 2009 Ga. Laws 100,§ 3, eff. 5/1/2009.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-10 - Nonapplicability of article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, Agricultural Commodity Commission for Georgia Grown Products; or Agricultural Commodity Commission for Propane

This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section
2-8-13
; nor shall this article apply to the Agricultural Commodity Commission for Equines provided for in Article 5 of this chapter; nor shall this article apply to the Agricultural Commodity Commission for Georgia Grown Products provided for in Article 4 of this chapter; nor shall this article apply to the Agricultural Commodity Commission for Propane provided for in Article 6 of this chapter.
Amended by 2019 Ga. Laws 35,§ 2, eff. 4/18/2019.
Amended by 2013 Ga. Laws 21,§ 2, eff. 7/1/2013.
Amended by 2006 Ga. Laws 652,§ 1, 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-12 - Commissioner to administer and enforce article

The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-15 - Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State

Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such 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 each such commission shall be a public officer and shall take an oath of office faithfully to perform his 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 office.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-16 - Funds of commissions - Receipt, collection, and disbursement

The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this article. He shall disburse funds of any entity created under this article only upon the written authorization of the affected 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-17 - Funds of commissions - Treatment as trust funds

Funds received by the Commissioner under this article shall be held in trust for the affected 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 affected entity 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-18 - Bonds of persons handling funds

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 hands.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-19 - Liability of commission members and employees

The members and employees of any commission governed by this article and the Commissioner 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 any such 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-20 - Cooperation with state and federal governmental authorities

The Commissioner and any commission governed by this article 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.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-23.1 - Limitations on assessments

(a)
No marketing order issued by the Agricultural Commodity Commission for Beef shall impose an assessment in excess of $1.00 per head on bovine animals sold, nor shall any assessment be placed on any bovine animal which sells for less than $100.00.
(b)
The Agricultural Commodity Commission for Beef may in its discretion lower the assessment amount imposed by any marketing regulation duly issued under the authority provided by this article.
(c)
No marketing order issued by the Agricultural Commodity Commission for Wine and Grapes shall exceed the highest excise tax levied under Code Section
3-6-50
.
Amended by 2020 Ga. Laws 557,§ 4, eff. 8/3/2020.
Added by 2013 Ga. Laws 16,§ 4, eff. 4/17/2013.
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-24 - Area marketing orders authorized

Marketing orders issued by any 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-25 - Seasonal marketing regulations authorized; notice of issuance; liberal interpretation of Code section

(a)
The Commissioner, upon recommendation of the commission concerned, and each commission, without prior notice to and public hearing for the producers or handlers of the commodity 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 Commissioner or 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 such agricultural commodity. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the Commissioner or 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
2-8-23
.
(b)
It is recognized that with respect to some agricultural commodities, 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 Commissioner or 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-26 - Applicability of marketing orders

Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any 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 agricultural commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements applicable to producers or handlers of such commodity in this state, provided that such regulations shall not apply to any commodity which has been produced outside of this state and is 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-28 - Collection of assessments by civil action; penalty for delinquent payment

(a)
Any assessment levied or established in accordance with this article in such specified amount as may be determined by the Commissioner or the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of the failure of such person to pay any such assessment upon the date determined by the Commissioner, the Commissioner 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 Commissioner the amount so assessed on or before the date specified by the Commissioner, the Commissioner 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 Commissioner. 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 Commissioner. 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 entitled thereto 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-29 - Maintenance and inspection of books and records and provision of information; confidentiality of information; hearings, testimony, and subpoenas

(a)
The Commissioner 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 Commissioner or his 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 Commissioner or his 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 Commissioner 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-30 - Use of grade or quality designations by persons not complying with order or regulations prohibited

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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-32 - Civil penalties; notice and hearing; recovery procedure; disposition of proceeds

Any person who violates any provision of this article or any marketing order duly issued by any commission and in effect under this article or who violates any rule or regulation issued by the Commissioner pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to such 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 Commissioner 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 Commissioner for the use and benefit of the affected commission or by execution issued in like manner as for assessments provided by Code Section
2-8-27
. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section
2-8-27
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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-33 - Action for civil penalty or injunctive relief; costs

(a)
The Attorney General of this state shall, upon complaint by the Commissioner, 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 Commissioner 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 Commissioner or any 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 Commissioner or any 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 Commissioner or 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 Commissioner or any commission and effective under this article or of any rule or regulation issued by the Commissioner or any commission pursuant to any marketing order, the judgment, if in favor of the Commissioner or the commission, may provide that the defendant pay to the Commissioner or to the commission concerned with the administration of such marketing order the costs incurred by the Commissioner or 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-34 - Referral for institution of legal proceedings; administrative hearing; cease and desist order

(a)
The Commissioner on his 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 Commissioner or 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 Commissioner 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 Commissioner 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 Commissioner finds that a violation has occurred, he shall enter his findings and notify the parties to such complaint. In his discretion, the Commissioner 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 he finds that the facts or circumstances warrant immediate prosecution, the Commissioner 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-35 - Furnishing of false report, statement, record, or marketing order; refusal to furnish certain information

(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 any agricultural commodity 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 an agricultural commodity regulated by a marketing order issued and in effect under this article and the quantity of such commodity 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-36 - Criminal penalty

Any person who violates any provision of this article or any provision of any marketing order duly issued by any 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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-37 - Penalties and remedies concurrent, alternative, and cumulative

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 2 - AGRICULTURAL COMMODITY COMMISSIONS GENERALLY (§§ 2-8-10 — 2-8-38) › Section 2-8-38 - Applicability of article to retailers

This article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities 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 2-8-50 - Applicability of article

This article shall apply only to the Agricultural Commodity Commission for Peanuts.
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 2-8-52 - Commission continued in existence; powers and duties; continuation of certain rules, regulations, and orders; periodic determination as to continuation of commission

(a)
The Agricultural Commodity Commission for Peanuts which was initially established August 1, 1961, pursuant to the "Georgia Agricultural Commodities Promotion Act," (Ga. L. 1961, p. 301), as amended, is continued in existence and is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date. The Agricultural Commodity Commission for Peanuts shall be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article.
(b)
Marketing Order No. 3 for Peanuts which was adopted by the Agricultural Commodity Commission for Peanuts and which was continued in existence until June 30, 1991, shall continue in effect under the provisions of this article until such date.
(c)
All rules, regulations, and orders of the Agricultural Commodity Commission for Peanuts in force and effect on July 1, 1989, shall remain in effect until otherwise amended or repealed pursuant to this article.
(d)
Prior to April 30, 1991, and each three years thereafter, balloting shall be conducted in accordance with Code Section
2-8-63
to determine whether the commission shall continue to exist and operate 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 2-8-54 - Authority; legal representation; acceptance and use of donations, gifts, and other property; exercise of powers of corporations; continuation of existence of commission; authority to lease or purchase property

(a)
The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the commission and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section
16-10-9
nor any other law shall prohibit or be applicable to the employment of such counsel.
(b)
The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations.
(c)
The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.
(d)
The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.
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 2-8-55 - Commission as public corporation; name used in contracts and legal proceedings; chairman; quorum; oath of office; certification of election

The commission 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 chairman 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 duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a member's election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.
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 2-8-56 - Receipt, collection, and disbursal of funds

The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.