Georgia Code, Title 2, Chapter 8, Article 2 - Agricultural Commodity Commissions Generally
- § 2-8-10 - Nonapplicability of Article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, or Agricultural Commodity Commission for Georgia Grown Products
This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in...
- § 2-8-11 - Definitions
As used in this article, the term: (1) "Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and...
- § 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...
- § 2-8-13 - Commissions Previously Established are Ratified and Governed by Chapter; Contributions Deemed Voluntary; Balloting to Determine Continued Existence
(a) (1) Each of the following commissions heretofore established pursuant to the "Georgia Agricultural Commodities Promotion Act," (Ga. L. 1961, p. 301), as amended,...
- § 2-8-14 - Composition; Appointments, Terms of Office, and Compensation; Certification of Membership to Secretary of State; Advisory Boards, Special Committees, and Personnel; Legal Representation; Eligibility of Federation or Organization Members; Acceptance of Donations; Voting; Termination
(a) Each commission shall be composed of: (1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau Federation, ex...
- § 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....
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 2-8-21 - Issuance of Marketing Orders Authorized; Notice; Public Hearing; Record; Reports From Handlers; Compilation of Lists of Producers and Handlers; Use of Information in Reports
(a) The Commissioner, upon the approval and request of a commission governed by this article, is authorized to issue, administer, and enforce the provisions...
- § 2-8-22 - Recommendation of Marketing Orders or Amendments by Commission; Authorized Provisions
(a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-21 and...
- § 2-8-23 - Approval by Producers Prerequisite to Issuance of Marketing Order or Major Amendment; Notice; Rules and Regulations; Expiration; Extensions; Referendum
(a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective...
- § 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...
- § 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...
- § 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...
- § 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...
- § 2-8-27 - Assessments to Defray Expenses; Borrowing in Anticipation of Collections; Use and Repayment of Contributions in Lieu of Advance Deposits; Collection and Enforcement of Assessments Generally; Disposition and Investment of Proceeds; Audit
(a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration,...
- § 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...
- § 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:...
- § 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...
- § 2-8-31 - Inspections; Holding of Commodity; Warning Notice; Notice of Noncompliance; Time for Correction of Deficiencies; Petition to Divert or Destroy; Show Cause Order; Disposition of Noncomplying Commodity; Penalty Provisions Not Waived by Disposal
(a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Last modified: October 14, 2016