---
title: O.C.G.A. § 2-10-101. Marketing contracts authorized; provisions; liquidated damages; injunctions and restraining orders; specific performance.
collection: code
id: 2-10-101
cite_as: O.C.G.A. § 2-10-101 (2025)
canonical_url: https://georgiacommons.org/code/2-10-101
md_url: https://georgiacommons.org/code/2-10-101.md
text_url: https://georgiacommons.org/code/2-10-101/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t1-t2-t3-(v3)-2019-pdf.pdf?sfvrsn=6ea3b7a1_0#page=498
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: AGRICULTURE / MARKETING FACILITIES, ORGANIZATIONS, AND PROGRAMS / COOPERATIVE MARKETING ASSOCIATIONS
---

# O.C.G.A. § 2-10-101. Marketing contracts authorized; provisions; liquidated damages; injunctions and restraining orders; specific performance.

(a) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto, and may pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including (1) dividends on preferred stock and reserves for retiring the stock, if any; (2) other proper reserves; (3) dividends not exceeding 8 percent per annum upon common stock; and (4) other items deemed proper.

(b) The bylaws and the marketing contract may fix, as liquidated damages, specified sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale, delivery, or withholding of products and may provide that the member will pay all costs, premiums on bonds, expenses, and fees in case any action is brought upon the contract by the association. Any such provisions shall be valid and enforceable in the courts of this state.

(c) In the event of any breach or threatened breach of a marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree providing for the specific performance thereof. Pending the adjudication of such an action, upon the filing of a verified petition showing the breach or threatened breach and of a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.

## History

Ga. L. 1921, p. 139, § 15; Code 1933, § 65-215; Ga. L. 1980, p. 924, § 1.