reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-6 - REPEALED › Rule 40-17-6-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Authority O.C.G.A.
				  §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-6 - REPEALED › Rule 40-17-6-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-6 - REPEALED › Rule 40-17-6-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-6 - REPEALED › Rule 40-17-6-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-6 - REPEALED › Rule 40-17-6-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-7 - REPEALED › Rule 40-17-7-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-8 - REPEALED › Rule 40-17-8-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-8 - REPEALED › Rule 40-17-8-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-8 - REPEALED › Rule 40-17-8-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-8 - REPEALED › Rule 40-17-8-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-9 - REPEALED › Rule 40-17-9-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-17 - REPEALED › Subject 40-17-10 - REPEALED › Rule 40-17-10-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										2-10-130 et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-1 - LEAF TOBACCO SALES › Rule 40-18-1-.01 - Sales Opportunity

Current through Rules and Regulations filed through June 27, 2024
All holders of tobacco warehouse licenses issued by the
				  Georgia Department of Agriculture shall operate relative to sales opportunity
				  under the following formula:
(a) The
				formula for determining sales opportunity for all warehouses operating under
				license by this State shall be as follows: The initial sales opportunity shall
				be the number of hours of sale per day multiplied by the number of pounds per
				hour allocated by the United States Flue-Cured Tobacco Marketing Committee;
				this allocation shall be broken down from markets to individual warehouse firms
				by rules and regulations of the local tobacco boards of trade; upon the
				determination of an individual warehouse's daily sales allocation, sixty
				percent of that warehouse's last five year average of out-of-belt sales shall
				be divided by the number of sale days scheduled in the first four weeks by the
				Marketing Committee and that one-fifteenth portion shall be deemed to be that
				warehouse's daily allocation of out-of-belt sales opportunity; further, that
				any warehouse may substitute in-belt sales opportunity for any unused
				out-of-belt opportunity. Provided further that any warehouse without a minimum
				adjusted sales history of five percent of out-of-belt sales shall be allocated
				five percent of his daily local market allocation for out-of-belt sales
				opportunity.
(b) A warehouseman may
				exceed his daily allocation of out-of-belt tobacco by a maximum of 100 percent;
				provided further that the warehouseman shall adjust on the next sales day after
				the oversell of his daily allocation; provided further that the warehouseman
				shall not oversell on a following day in order to make up an undersell on a
				preceding day; the two day average is based only upon an oversell on a
				preceding day with a compensatory undersell on a following day.
Ga. L. 1960, p. 214.
				  Effective August 12, 1971.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-1 - LEAF TOBACCO SALES › Rule 40-18-1-.02 - Penalties

Current through Rules and Regulations filed through June 27, 2024
Any holder of a tobacco warehouse license issued by the
				  Georgia Department of Agriculture that fails to comply with the formula set out
				  in Section
				  40-18-1-.01 of these regulations
				  shall subject said license to immediate suspension or revocation by the
				  Commissioner of Agriculture of the State of Georgia.
Ga. L. 1960, p. 214.
				  Effective August 12, 1971.
The constitutionality of Chapter 40-18-1 and the two
					 regulations thereunder,
					 40-18-1-.01 and
					 40-18-1-.02, is at the very least
					 questionable in view of a decision of the United States District Court for the
					 Northern District of Georgia in Civil Action No. 15451. In an unreported
					 decision by that court on the second day of August, 1971, the court issued a
					 temporary restraining order against the enforcement of these regulations. The
					 order did not definitely declare the regulations unconstitutional, leaving open
					 that question for submission to a three judge court should the Department of
					 Agriculture desire it to be submitted to such court.
The above Editor's Note was provided by the Georgia
					 Department of Agriculture.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words or terms shall have the meaning set forth
				  herein when used in these rules and regulations:
(a) Tobacco Dealer: Any person, firm or
				corporation purchasing tobacco at auction at any flue-cured leaf tobacco
				auction sales establishment licensed herein-under shall be deemed to be a
				tobacco dealer. Any person, firm or corporation purchasing tobacco from
				producers other than at auction sales shall be deemed to be a non-auction
				tobacco dealer.
Ga. L. 1960, p. 214,
				  Ga. L. 1968, p. 1242, Ga. L. 1970, pp. 4, 6, 222, Ga. L. 1972, p. 351, Ga. L.
				  1974, p. 518, Ga. L. 1977, Act No. 43, H.B.
				  185.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.02 - Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be
				unlawful for any person, firm or corporation to engage in the business of a
				tobacco dealer or a non-auction tobacco dealer without first having secured a
				license therefore from the Commission of Agriculture of the State of Georgia.
				The license shall be applied for on a form furnished by the Commissioner. The
				form shall require the following information:
(a) Name in which business is
				conducted;
(b) Business mailing
				address;
(c) Is business owned by
				one person, a partnership or corporation?;
(d) Full names, titles and address of owner,
				partners and officers.
(e) Is
				application for a renewal or new license? If application is for a renewal of a
				non-auction tobacco dealer's license or if the applicant purchased tobacco from
				producers other than at auction during the previous marketing year, the amount
				purchased at non-auction sales from producers during such period;
(f) If a renewal, give year and license
				number for year your last license was issued;
(g) Give name of your legal agent for service
				authorized to represent you in Georgia. In the event no agent is designated for
				service, the Secretary of State by virtue of your application for license is
				designated as your agent for service of process;
(h) List of names and addresses of all
				persons to be certified with the Georgia Department of Agriculture to purchase
				tobacco on the Georgia flue-cured tobacco auction markets as your
				representative or agent. Additional persons may be certified upon the written
				request of the licensee to the Commissioner. In the event any person issued a
				certificate by the Commissioner becomes disassociated with the licensee during
				the license period, their certificate shall be returned to the
				Commissioner.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.03 - Records and Reports

Current through Rules and Regulations filed through June 27, 2024
Licensed tobacco dealers shall be required to keep records
				  containing the following information:
(a) The weekly total of tobacco purchased at
				flue-cured leaf tobacco auction sales establishments licensed
				hereunder;
(b) The weekly total of
				tobacco purchased at non-auction sales:
1.
				From other dealers giving name, address, dealer number assigned by USDA-ASCS,
				and pounds purchased from each dealer;
2. From producer giving name, address,
				county, pounds purchased, and Farm Serial Number for each producer;
3. On non-auction tobacco purchases from
				producers, did you collect Georgia Agricultural Commodity Commission for
				tobacco assessment as required by Ga. Laws 1969, p. 763, as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.04 - Penalties

Current through Rules and Regulations filed through June 27, 2024
The Commissioner may refuse, suspend or revoke any license
				  issued to a tobacco dealer upon a showing of violation of any provision of this
				  act or any rule or regulation promulgated and adopted pursuant to this
				  act.
Ga. L., 1960, p. 214;
				  Ga. L. 1968, p. 1242; Ga. L. 1970, pp. 4, 6, 222; Ga. L. 1972, p. 351; Ga. L.
				  1974, p. 518; Ga. L. 1977, Act No. 43 (H. B.
				  185).
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.05 - Duties of Flue-Cured Leaf Tobacco Auction Warehouse Operators

Current through Rules and Regulations filed through June 27, 2024
It shall be the duty of each duly licensed operator of a
				  flue-cured leaf tobacco auction sales establishment to ascertain that all
				  purchasers of leaf tobacco in his auction warehouses are duly licensed with the
				  Commissioner as provided for in this act.
Ga. L., 1960, p. 214;
				  Ga. L. 1968, p. 1242; Ga. L. 1970, pp. 4, 6, 222; Ga. L. 1972, p. 351; Ga. L.
				  1974, p. 518; Ga. L. 1977, Act No. 43 (H. B.
				  185).
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.06 - Penalties for Flue-Cured Leaf Tobacco Auction Warehouse Operators

Current through Rules and Regulations filed through June 27, 2024
The Commissioner may refuse, suspend or revoke any license
				  issued to such leaf tobacco auction sales establishment operator who permits an
				  unlicensed tobacco dealer to purchase tobacco in his sales
				  establishment.
Ga. L., 1960, p. 214;
				  Ga. L. 1968, p. 1242; Ga. L. 1970, pp. 4, 6, 222; Ga. L. 1972, p. 351; Ga. L.
				  1974, p. 518; Ga. L. 1977, Act No. 43 (H. B.
				  185).
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-2 - LICENSING LEAF TOBACCO DEALERS › Rule 40-18-2-.07 - Grading of Tobacco

Current through Rules and Regulations filed through June 27, 2024
(1) In auction sales of flue-cured tobacco,
				warehouse operators shall collect or pay applicable grading fees and remit
				directly to the United States Department of Agriculture (USDA) for service, or
				to whom the USDA directs. In non-auction sales of flue-cured tobacco, receiving
				station operators shall collect or pay applicable grading fees and remit to the
				Georgia Department of Agriculture (Department) or to whom the Department
				directs. In the event that the USDA certifies in writing to the Georgia
				Commissioner of Agriculture that its graders are not available, the Georgia
				Federal-State Shipping Point Inspection Service, Inc. is authorized to provide
				such service.
(2) Grading must
				occur at the point of delivery and/or sale and follow established USDA
				guidelines for the grading of flue-cured tobacco. Warehouse and receiving
				station operators must provide accurate information regarding dates and hours
				of operation and locations of sales or delivery points to grading personnel
				before any sales, purchasing, or delivery takes place.
O.C.G.A. Sec.
				  10-4-6
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words or terms shall have the meaning set forth
				  herein when used in these rules and regulations.
(a) Operator: Any person, firm, partnership,
				or corporation engaged in the receipt for storage and/or storage of tobacco
				unsold in the year of production until the subsequent selling season for sale
				in that season.
(b) Producer: Any
				flue-cured tobacco grower who has tobacco in excess of his current marketing
				quota which will be eligible for sale during the subsequent selling
				season.
(c) Carry-over tobacco: Any
				tobacco unsold in the year of its production and held, for whatever reason, in
				storage until the subsequent selling season for sale in that season.
Ga. L. 1975 Act No. 683
				  (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.02 - Licensing

Current through Rules and Regulations filed through June 27, 2024
No person real or corporate shall operate a service for
				  receiving within this State flue-cured tobacco for the purpose of weighing,
				  redrying and storing said tobacco from the year of production until the
				  subsequent selling season for sale at that time without first having obtained a
				  license from the Commissioner of Agriculture. The license shall be applied for
				  on a form furnished by the Commissioner. The form shall require the following
				  information:
(a) Name in which
				business is conducted.
(b) Business
				mailing address.
(c) Is business
				owned by one person, a partnership or corporation?
(d) Full names, titles and addresses of
				owner, partners and officers.
(e)
				Is application for a renewal or new license?
(f) Give name of your legal agent for service
				authorized to represent you in Georgia. In the event no agent is designated for
				service, the Secretary of State, by virtue of your application for license is
				designated for service.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.03 - Insurance

Current through Rules and Regulations filed through June 27, 2024
As a prerequisite to the issuance of a license under this
				  Act, each applicant shall furnish evidence to the Commissioner that there is in
				  force an insurance policy against loss or damage by fire and such other perils
				  as are commonly insured against under extended coverage provisions, for its
				  full market value, upon the best terms obtainable by individual or reporting
				  form blanket policies on the carry-over tobacco to be received for storage
				  and/or stored by him in the year for which license is sought, either provided
				  by the applicant or the actual storer of the tobacco. The insurance policy
				  shall be written by an insurance company, of the applicants choice, authorized
				  to transact business in this State or in the state where the tobacco is stored.
				  Such insurance policy shall be effective for the entire storage period and
				  shall be approved in form by the State Insurance Commissioner. A copy of the
				  insurance policy shall be filed with the Director of Warehouse Division of the
				  State Department of Agriculture.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.04 - Bonding

Current through Rules and Regulations filed through June 27, 2024
As a prerequisite to the issuance of a license under this
				  Act, each applicant shall furnish evidence to the Commissioner that he has in
				  force for the year for which the license is sought a bond issued by a corporate
				  entity authorized to do business in this State in the penal sum of $10,000.00.
				  The bond shall be conditioned upon the licensee performing all the duties
				  imposed upon him by law and the accounting for the proceeds of all carryover
				  flue-cured tobacco received by him for storage and sale.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.05 - Maximum Charges

Current through Rules and Regulations filed through June 27, 2024
The maximum charges and expenses to be maintained by
				  operators under this Act receiving tobacco to be stored until sold in the
				  subsequent selling season shall not exceed five cents ($.05) per pound for
				  services rendered, if sold on a green weight basis. If sold on a dry weight
				  basis, the charges may also include the actual cost of redrying as leaves or
				  strips and shipping charges. If the contract between the operator and the
				  producer contains a minimum price below which the tobacco may not be sold
				  including five cents ($.05) per pound service charge and the actual sale price
				  is in excess of this minimum amount then the operator shall return to the
				  producer not less than 50% of the additional amount received less any
				  additional cost for processing and shipping.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.06 - Records and Reports

Current through Rules and Regulations filed through June 27, 2024
The operators licensed pursuant to this Act shall be required
				  to keep records containing the following information:
(a) The number of pounds of carry-over
				tobacco received by him for storage until the next selling season, identifying
				the amount from each producer.
(b)
				The final disposition of the tobacco, whether redeemed by the producer or sold
				by the operator for the producer at the subsequent selling season.
(c) To accurately show the origin and
				disposition of the carryover tobacco. Each operator shall transmit this
				information to the Commissioner, in such reports as may be prescribed by
				him.
(d) The operator shall submit
				to the Commissioner a copy of all reports he is required by law or regulation
				to submit to the United States Department of Agriculture/Agricultural
				Stabilization Conservation Service.
(e) Each operator shall render to each
				producer submitting carry-over tobacco for storage at the time of receipt of
				the tobacco, a statement of the amount of tobacco tendered giving the United
				States Department of Agriculture/Agricultural Marketing Service grade for each
				individual sheet of tobacco and the amount to be charged for servicing that
				tobacco other than actual cost of redrying as leaves or strips and shipping
				charges. The cost of such grading services shall be borne by the
				producers.
(f) The tendering of
				carry-over tobacco by producers to operators to be stored until next selling
				season shall not be deemed a sale as of the time of such tender. The operator
				shall have sixty (60) days after the first day of the marketing year in which
				the tobacco becomes eligible for sale to sell the carry-over tobacco. It shall
				be the duty of the operator to immediately transmit to the producer a final
				settlement for the carry-over tobacco sold for him.
Ga. L. 1975, Act No.
				  683 (H. B. 890). p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.07 - Certified Public Weighers

Current through Rules and Regulations filed through June 27, 2024
It shall be the duty of each licensee to provide a certified
				  public weigher for the weighing of carry-over tobacco at the time and place of
				  receipt of such tobacco by operators for storage until the subsequent selling
				  season, and it shall be unlawful for any person to weigh such tobacco who is
				  not a certified public weigher.
Ga. L. 1975, Act No.
				  683 (H. B. 890). p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.08 - Physical Standards for Buildings and Premises

Current through Rules and Regulations filed through June 27, 2024
The Commissioner is authorized to prescribe physical
				  standards for buildings and premises used for the receipt and/or storage of
				  Carry-over tobacco. Such standards shall be reasonably designed to insure the
				  protection of producers and others from loss or damage to carry-over tobacco
				  when received and/or held for storage until the subsequent selling season. The
				  standards shall be such that in order to carry out the provisions of this Act
				  to the end that any producer of carry-over tobacco being held for storage may
				  be assured that the carry-over tobacco stored by him is maintained in as nearly
				  the same status as practicable according to the grade, standard and condition
				  as when stored. The Commissioner or his agent, is authorized to inspect the
				  premises where the carry over tobacco is being stored as often as he shall deem
				  necessary. Any condition of the storage building which presents a hazard to
				  tobacco being stored shall be immediately abated and corrected, and such
				  correction shall be subject to approval of an authorized representative of the
				  Commissioner.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-18 - LEAF TOBACCO SALES › Subject 40-18-3 - LICENSING LEAF TOBACCO STORAGE OPERATORS › Rule 40-18-3-.09 - Penalties

Current through Rules and Regulations filed through June 27, 2024
The Commissioner is authorized to revoke or suspend, for
				  violation of any provision of this Act, any license issued hereunder after
				  notice and hearing before the Commissioner. In addition to the remedies
				  provided herein and notwithstanding the existence of any other remedy at law
				  and notwithstanding the pendency of any criminal prosecution, the Commissioner
				  is authorized to apply to the Superior Court and such court shall have
				  jurisdiction upon hearing and for cause shown to grant a temporary or permanent
				  injunction or an ex-partee restraining order restraining or enjoining any
				  person from violating or continuing to violate any of the provisions of this
				  Act or for the failure or refusal to comply with the provisions of this Act or
				  any rule or regulation promulgated hereunder. Such injunction shall be issued
				  without bond. Violation of any provision of this Act or any rule or regulations
				  issued hereunder shall constitute a misdemeanor and shall be punishable as
				  such.
Ga. L. 1975, Act No.
				  683 (H. B. 890), p. 1263.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-19 - BEDDING › Subject 40-19-1 - Repealed › Rule 40-19-1-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  31-25-1
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.02 - Brake Fluid: Definitions; Standards

Current through Rules and Regulations filed through June 27, 2024
(1) The term "Brake Fluid" as used or
				referred to in this Chapter shall mean the liquid medium through which force is
				transmitted in the hydraulic brake system of any motor vehicle operated in this
				State.
(2) Minimum Standard. All
				break fluid must conform to Federal Motor Vehicle Safety Standard No. 116 and
				must meet or exceed those specifications.
O.C.G.A. Secs.
				  10-1-180
et seq.
,
				  10-1-184,
				  10-1-187.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.03 - Regulations and Standards for Antifreeze

Current through Rules and Regulations filed through June 27, 2024
(1) Ethylene Glycol Type Engine Coolants:
(a) Composition Essentially concentrated,
				virgin ethlylene glycol with suitable corrosion inhibitors and foam
				suppressors. One type is intended for automobile and light duty (LD) service.
				Another is a low silicate type for heavy duty (HD) engine cooling systems. It
				typically requires an initial supplement coolant additive (SCA) and subsequent
				doses. This coolant additive can also be present in the finished engine
				coolant. Other compounds such as propylene glycol and diethylene glycol may be
				present up to a maximum of 15% if the required chemical and physical properties
				are met. The coolant concentrate when used in accordance with the product label
				and vehicle manufacturer's recommendation shall function effectively during the
				summer and winter in automotive vehicle cooling systems to provide protection
				against freezing, boiling and corrosion. The use of sugars, salts, and
				petroleum distillates or other substances harmful to the cooling system is
				prohibited. [see paragraph (7)]
(b) Chemical and Physical
								Properties
ASTM Method
1.
Ash, mass
5% max
D1119
2.
Specific Gravity
60/60°F(15.5/15.5°C) 1.110 to 1.145
D1122
3.
Reserve Alkalinity
HD 10 min
LD report
4.
pH, 50 vol% in
Distilled H20
D1287 7.5 to 11.0
5.
Boiling Point, undiluted
325°F(163°C) min
D1120
50 vol % in Distilled
								H20
226°F (108°C) min
6.
Corrosion Test (wt loss per specimen)
D1384
Copper, Brass, Steel & Cast Iron
10 mg max
Aluminum
30 mg max
Solder
30 mg max
7.
Freezing Point
D1177
33 1/3% by Vol in Distilled
								H2O
0°F (-18°C) max
50% by vol in Distilled
								H2O
-34°F (-37°C) max
8.
Foaming Test
D1881
Break Time
5 sec max
Volume Increase
150 ml max
9.
Water mass
5% max
D1123
10.
Chloride ion, ppm
25 max
D3634
11.
Silicon, ppm (HD)
250 max
12.
Reference ASTM D3306 and D4958 for additional
								information, specifications and requirements.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.04 - Substandard Products: Disposition

Current through Rules and Regulations filed through June 27, 2024
Gasoline, kerosene, fuel oil or other related petroleum
				  products and subjects found below the prescribed standards shall be disposed of
				  as directed by the Commissioner of Agriculture. Where such product can be
				  reconditioned or successfully blended with or used as another product, the same
				  may be disposed of upon the order of the Agriculture Commissioner. When any
				  product regulated by Georgia Code cannot be successfully disposed of in the
				  above manner or when the owner refuses to comply with the order of the
				  Agriculture Commissioner, this product is subject to confiscation and
				  destruction.
O.C.G.A. Secs.
				  10-1-151,
				  10-1-155.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.05 - Registration of Petroleum Products

Current through Rules and Regulations filed through June 27, 2024
(1) Petroleum products sold in this State and
				covered in Section
				40-20-1-.01 shall have a name and/or
				brand name and such name shall be registered in compliance with O.C.G.A.
				10-1-149. The octane rating or
				antiknock index of applicable motor fuels, covered by FTC Octane Posting and
				Certification Rule, will be included in the registration.
(2) The Commissioner of Agriculture will
				refuse the registration of any product under a name that would be misleading to
				the purchaser of such a product, regarding nature or quality.
(3) Every pump dispensing motor fuel at
				retail shall conspicuously display the name and/or brand name being sold
				therefrom exactly as said name and/or brand name is registered with the
				Commissioner of Agriculture. Each kerosene pump or fuel oil pump dispensing
				those products at retail shall display the words "1-K Kerosene" or "2-K
				Kerosene" or indicate the proper grade of fuel oil depending on the product
				dispensed. The display of grades also includes all containers utilized in the
				wholesale or retail of such fuels in compliance with O.C.G.A.
				10-1-152.
O.C.G.A. Secs.
				  10-1-149,
				  10-1-152,
				  10-1-155.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.06 - Sample Size

Current through Rules and Regulations filed through June 27, 2024
Samples submitted in compliance with O.C.G.A.
				  10-1-153, for petroleum products
				  regulated by this Chapter shall not be less than 16 ounces in
				  size.
O.C.G.A. Sec.
				  10-1-153.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.07 - Test Measures: Fill Pipe

Current through Rules and Regulations filed through June 27, 2024
(1) In testing measuring devices, it is
				necessary for the Inspector to draw from each pump sufficient product to
				determine the accuracy of the dispensing device.
(2) For this purpose, official and approved
				one-gallon, five-gallon, and metric measuring cans are used. In order that the
				Inspector may dispose of the product in the test measure, it is hereby made an
				obligation of the owner or operator of the station to provide containers of
				sufficient quantity into which the Inspector may empty the product from his
				test measure in the event that ground level storage tank fill pipes are not
				present.
(3) If the design,
				construction, or location of any device is such as to require a testing
				procedure involving special equipment, or accessories or an abnormal amount of
				labor, such equipment, accessories and labor shall be supplied by the owner or
				operator of the device as required by the weights and measures
				official.
O.C.G.A. Secs.
				  10-1-148,
				  10-1-151,
				  10-1-155,
				  10-1-161.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.08 - Contamination of Fuel

Current through Rules and Regulations filed through June 27, 2024
All meters, pumps, lines, and devices which have been used in
				  measuring and pumping gasoline must be thoroughly cleaned before being used in
				  measuring and pumping high flash petroleum products, such as kerosene, heating
				  oil and diesel fuel.
O.C.G.A. Secs.
				  10-1-151,
				  10-1-155.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.09 - Petroleum Products to be Inspected

Current through Rules and Regulations filed through June 27, 2024
All petroleum products regulated by Chapter 40-20-1, in
				  accordance with O.C.G.A. Section
				  10-1-155, shall be subject to
				  inspection and analysis. The Department of Agriculture shall have free access
				  to and adequate samples of such products for the purpose of inspection and
				  analysis.
All facilities which engage in the selling of any petroleum
				  products shall register with the Department annually. A registration fee based
				  on $20.00 per measuring device for devices less than 20 gallons per minute and
				  $40.00 per measuring device for devices 20 gallons per minute and over shall be
				  paid to the Department annually. After reasonable notice and opportunity for a
				  hearing before the Commissioner in accordance with the Georgia Administrative
				  Procedure Act any facility registration can be revoked by the Commissioner for
				  violation of any rule or regulation of the State of Georgia.
O.C.G.A. Secs.
				  10-1-148,
				  10-1-155.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.10 - Water in Retail Tanks; Dispenser Filters

Current through Rules and Regulations filed through June 27, 2024
(a) It shall be a violation for water and or
				water phase to be detected, when measured from the bottom through the fill
				pipe, supply line or detection system of any tank utilized in the storage of
				oxygenated fuels, aviation gasoline and aviation fuel sold at retail. A stop
				sale shall be issued when water or water phase exceeds one fourth (1/4) of an
				inch. It shall be a violation for water to exceed one inch in depth, when
				measured from the bottom through the fill pipe, supply line or detection system
				of any tank utilized in the storage of the other regulated products sold at
				retail. A stop sale shall be issued when water exceeds two inches. For
				violations the water must be removed from the tank prior to the delivery and
				subsequent selling of additional product from such storage tank. For stop sales
				the removal must be done prior to resumption of sales.
(b) Prior to the sale of oxygenated fuels,
				the storage tanks must be clean and free of water and sedimentation
				(particulate material). Subsequently, the system must be monitored and kept
				free of any accumulation of water, water phase and sedimentation.
(c) Retail dispensing equipment shall use a
				10 micron or less fuel filter for all products. It is recommended that water
				sensitive filters or phase separation filters, compatible with the product
				being dispensed, be used.
O.C.G.A. Secs.
				  10-1-151,
				  10-1-155.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.11 - Specifications, Tolerances, and Other Technical Requirements for Liquid Measuring Devices

Current through Rules and Regulations filed through June 27, 2024
The tolerances for devices used for retail sales of petroleum
				  products regulated shall be as follows:
(a) The maintenance tolerance shall be one
				cubic inch plus one cubic inch per indicated gallon.
(b) The acceptance tolerance shall be 1/2 of
				the maintenance tolerances.
(c)
				Applicable testing and technical requirements shall be in accordance with the
				latest Edition of the National Bureau of Standards Handbook 44, except when in
				conflict with existing or modified rules and regulations or when rejected by
				the same.
(d) Retail devices for
				motor fuels shall be condemned for repair when the device exceeds a tolerance
				of plus or minus 14.5 cubic inches (8 fluid ounces). Owners or owner's agent of
				devices and/or petroleum products dispensed having a tolerance exceeding plus
				14.5 cubic inches may request a waiver of condemnation of such device from the
				Commissioner of Agriculture, or from a duly appointed agent.
(e) It is recommended that each retail
				dispensing device from which diesel fuel is sold shall be equipped with a
				nozzle spout having a terminal end with an outside diameter of not less than
				23.63 mm (0.930 in).
O.C.G.A. Secs.
				  10-1-155,
				  10-1-159,
				  10-1-160,
				  10-2-4,
				  10-2-5.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.12 - Advertised Price for Petroleum Products

Current through Rules and Regulations filed through June 27, 2024
The advertising of petroleum products regulated under Section
				  40-20-1-.01 of this Chapter shall
				  conform to the following:
(a) All
				advertising for the sale of petroleum products must meet the requirements of
				O.C.G.A. Section
				10-1-164.
(b) Petroleum products cannot be sold in a
				manner which may deceive, or have the effect of deceiving, the purchaser of
				such products as to nature, price, quality, or quantity of those
				products.
(c) The advertising of
				prices on a highway, street or curb sign is not required. However, if prices
				are advertised and there are different prices available for the same product,
				then the higher price must be posted. The lower price may also be posted, but
				the qualifier for both prices must be clearly identified and clearly visible
				from the street.
(d) If lowest
				advertised price is not immediately available to all consumers at the time of
				fuel purchase, a notice of explanation must be posted in a manner which is
				clearly visible and easily readable to consumers from either side of the
				dispenser at the point of sale.
(e)
				Compliance with this regulation shall be attained within 90 days after the date
				that this rule becomes effective.
(f) Failure to comply with this regulation
				may result in a civil penalty asprovided by O.C.G.A. Section
				10-1-165.
O.C.G.A. Secs.
				  10-1-155,
				  10-1-164.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-20 - FUEL OIL INSPECTION UNIT › Subject 40-20-1 - SUBSTANTIVE REGULATIONS; PETROLEUM PRODUCTS › Rule 40-20-1-.13 - Notice of Violations; Illegal Withold from Sale; Condemned for Repair; Definitions; Compliance. Amen

Current through Rules and Regulations filed through June 27, 2024
The definitions and compliance requirements of petroleum
				  products regulated under Section
				  40-20-1-.01 shall be as
				  follows:
(a) Notice of Violations.
				Issued for defects in equipment having minor impact on quality, quantity,
				nature, price, display of products sold. Corrective action must be performed
				within time specified. Illegal Withhold from Sale or Condemnation for repair
				may result when corrections are not made and/or deficiencie still occur. The
				Department of Agriculture, upon notification of correction, may permit the
				resale of said petroleum product prior to subsequent inspection, testing,
				and/or analysis.
(b) Illegal
				Withhold from Sale. Issued normally for violations of product quality.
				Corrections must be made prior to resumption of sales. The Department of
				Agriculture upon notification of correction, may permit the resale of material
				prior to subsequent inspection, testing, and/or analysis.
(c) Condemned for Repair. lssued for
				equipment or devices that cannot be used in conjunction with the commercial
				sale of petroleum product due to failure to meet requirements of Section
				40-20-1-.11. The equipment or device
				must be repaired prior to resale of petroleum product material. The Department
				of Agriculture upon notification, may permit the device being reintroduced into
				commercial use prior to the inspection and testing of the device.
(d) Compliance. Failure to comply with the
				above notifications may result in the condemnation of product or devices and
				subsequent confiscation or other action as provided by the Georgia
				Administrative Procedure Act and O.C.G.A. Section
				10-1-64.
O.C.G.A. Secs.
				  10-1-151,
				  10-1-155,
				  10-1-159,
				  10-1-160,
				  10-1-164.