Georgia Code, Title 2, Chapter 8, Article 3 - Agricultural Commodity Commission for Peanuts

• § 2-8-50 - Applicability of Article
  This article shall apply only to the Agricultural Commodity Commission for Peanuts.
• § 2-8-51 - 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...
• § 2-8-52 - 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....
• § 2-8-53 - Membership of Commission; Division of Peanut-Producing Counties Into Districts; Election of Members; Compensation and Expenses; Certification of Members to Secretary of State
  (a) The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner...
• § 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...
• § 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...
• § 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.
• § 2-8-57 - Funds Held in Trust; Deposit, Accounting, and Disbursal of Funds; Exemption From Requirements Applicable to State Funds
  Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and...
• § 2-8-58 - Bond of Persons Handling Funds Under Article; Signing of Checks, Drafts, and Negotiable Instruments; Election, Powers, and Duties of Treasurer
  Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for...
• § 2-8-59 - Liability of Commission Members
  The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other...
• § 2-8-60 - Authority to Confer With and Make Information Available to Governmental Authorities of This State, Other States, and the United States
  The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities...
• § 2-8-61 - Issuance, Administration, and Enforcement of Marketing Orders; Notice and Hearing As to Proposed Order; Information From Persons Who May Be Affected by Order
  (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of peanuts within...
• § 2-8-62 - Recommendation of Promulgation of Marketing Order; Permissible Provisions of Orders; Effectiveness of Orders Heretofore Adopted and in Effect on July 1, 1989
  (a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-61 and...
• § 2-8-63 - Finding of Assent or Approval of Producers Required for Marketing Order to Become Effective; Commission Authorized to Issue Orders Regulating Peanuts; Amendments; Notice; Rules and Regulations; Expiration and Extension of Orders
  (a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective...
• § 2-8-64 - Limiting of Application of Marketing Order to Certain Marketing Areas or Portions of State
  Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the...
• § 2-8-65 - Seasonal Marketing Regulations; Legislative Findings; Interpretation of Code Section
  (a) The commission without prior notice to and public hearing for the producers or handlers of the peanuts directly affected, may issue and make...
• § 2-8-66 - Applicability of Orders Regulating Minimum Quality, Condition, Size, or Maturity
  Whenever producers or handlers of peanuts regulated by a marketing order issued by the commission pursuant to this article are required to comply with...
• § 2-8-67 - Assessments to Defray Expenses of Marketing Orders; Budgets for Administration; Authority to Borrow Money; Contributions in Lieu of Advance Deposits; Collection of Assessments; Rules; Enforcement of Payment; Deposit and Disbursement of Moneys; Investment of Moneys
  (a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of...
• § 2-8-68 - Assessment Constitutes Personal Debt; Action for Collection; Fee for Late Payment; Remedies Cumulative
  (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to...
• § 2-8-69 - Books and Records of Processors and Distributors; Furnishing Information to Commission; Inspection of Books and Records; Confidentiality; Enforcement
  (a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:...
• § 2-8-70 - Use of Designations of Grade, Quality, or Condition Without Complying With Regulations or Marketing Order
  Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other...
• § 2-8-71 - Entry and Inspection of Premises to Check Compliance With Marketing Order; Holding of Lot of Peanuts to Ascertain Compliance; Affixing of Notice of Noncompliance; Service of Notice of Noncompliance; Correction of Deficiencies; Disposal of Lot; Applicability
  (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to...
• § 2-8-72 - Civil Penalty; Fixing Amount of Penalty; Civil Action; Disposition of Moneys
  Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article...
• § 2-8-73 - Action by Attorney General for Civil Penalties or Injunctive Relief; Remedies Court May Impose; Payment of Costs
  (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the...
• § 2-8-74 - Referral of Complaints to Attorney General or Prosecuting Attorney; Hearing to Consider Charges; Cease and Desist Order
  (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this...
• § 2-8-75 - False or Fraudulent Reports, Statements, and Records; Failure or Refusal to Give Name and Address of Person From Whom Peanuts Received
  (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing...
• § 2-8-76 - Criminal Penalty
  Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article...
• § 2-8-77 - Construction of Penalty and Remedy Provisions
  The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall...
• § 2-8-78 - Applicability to Retailers of Peanuts
  This article shall not be applicable to any retailer of peanuts except to the extent that any retailer also engages in the processing or...
• § 2-8-79 - Applicability of "Georgia Administrative Procedure Act."
  The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50,...

Last modified: October 14, 2016