Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-9 - STATE FARMERS' MARKET › Subject 40-9-6 - LICENSING › Rule 40-9-6-.01 - Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) In order to
				better manage the markets authorized by this Act, and to thereby facilitate the
				use of the markets by the citizens of this state, on or after July 1, 2004, all
				persons desiring to sell or to offer for sale any items on the facilities of
				any market which charges a gate fee must be licensed to do so by the
				Commissioner of Agriculture. All agents of persons desiring to sell or offer
				for sale produce of another at a stall must also secure a license. The Local
				Operating Rules may ease the license requirement for agents and employees
				desiring to sell or offer for sale the produce of another at a truck or stall.
				A license affords a licensee only the privilege to enter upon a Market with
				permission of the Department of Agriculture and to pay a daily fee for the use
				of a particular stall on the Market. The issuance of a license is not intended
				to convey any type of leasehold interest. All licenses shall expire on December
				31 of each calendar year unless suspended and revoked before that time, except
				that licenses for leaseholders will continue in effect concurrently with the
				renewal of successive leases and shall expire only in the event the
				leaseholder's lease is not renewed. By applying for a license and/or holding
				same, the applicant or licensee, as the case may be, gives his express consent
				for representatives of the Commissioner of Agriculture to enter upon and
				inspect all property owned, leased, controlled or used in the production of
				crops, by said applicant or licensee.
(2) By making an application for a license,
				and/or holding same, the applicant or licensee agrees to abide by and comply
				with the laws, rules and regulations, and local operating rules pertaining to
				the operations of Farmers' markets in this state. Non-compliance with any law,
				rule or regulation, or local operating rule pertaining to the operation of any
				Farmers' market shall constitute cause for revocation, suspension, non-renewal
				or denial of any license required pursuant hereto and shall constitute cause
				for immediate removal from market premises.
(3) All procedures and practices relative to
				the issuance, denial, non-renewal, suspension or revocation of licenses
				required pursuant hereto shall be conducted in accordance with the Department
				of Agriculture, Registration, License and Permit Act (GA Laws 1966, p. 307 as
				amended).
(4) An agent or employee
				may not sell or offer to sell any produce in a stall without a current license.
				Such activity will constitute proper grounds for revocation or suspension of a
				license and the right to conduct any type of business or being employed by any
				business to conduct business on the Markets at any of the State Farmers'
				Markets in the future.
(5) If a
				license is properly revoked by law, the person whose license has been revoked
				may not reapply for a period of two years from the effective date of the
				revocation.
(6) If a license is
				properly revoked by law, the person whose license has been revoked is a
				trespasser under Georgia law.
(7)
				The Commissioner or his designee will consider the following when considering
				issuing a licensee:
(a) Past violations at any
				of the State Farmers' Markets'
(b)
				The likelihood of committing violations of the Act or Rules in the
				future;
(c) The selling of produce
				at any of the State Farmers' Markets without a proper license;
(d) Allowing another to sell produce at any
				of the State Farmers' Markets without a proper license;
(e) The selling of produce at any of the
				State Farmers' Markets after the license has been suspended or
				revoked;
(f) Relatives who have had
				licenses revoked in the past;
(g)
				Any other relevant information can be considered and properly
				weighed.