---
title: O.C.G.A. § 2-7-158. Penalties.
collection: code
id: 2-7-158
cite_as: O.C.G.A. § 2-7-158 (2025)
canonical_url: https://georgiacommons.org/code/2-7-158
md_url: https://georgiacommons.org/code/2-7-158.md
text_url: https://georgiacommons.org/code/2-7-158/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=333
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.
up: https://georgiacommons.org/code/2-7.md
previous: https://georgiacommons.org/code/2-7-157.md
next: https://georgiacommons.org/code/2-7-170.md
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 / PLANT DISEASE, PEST CONTROL, AND PESTICIDES / BOLL WEEVIL ERADICATION
---

# O.C.G.A. § 2-7-158. Penalties.

(a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court.

(b) Any cotton grower or the first handler of cotton from a cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre or $12.50 per bale, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers’ organization.

(c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his or her property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action.

## History

Code 1981, § 2-7-158, enacted by Ga. L. 1985, p. 1079, § 1; Ga. L. 1991, p. 452, § 3; Ga. L. 1998, p. 1123, § 4; Ga. L. 2009, p. 439, § 3/SB 43.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1986, ‘‘12’’ was substituted for ‘‘twelve’’ in subsection (a).

## Editor's Notes

Ga. L. 1998, p. 1123, § 5, not codified by the General Assembly, provides that: ‘‘This Act is not severable. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the other sections, subsections, sentences, clauses, or phrases of this Act shall automatically be repealed and Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated in effect immediately prior to the enactment of this Act is reenacted as of such date as if this Act had not been enacted. The General Assembly declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.’’ This Act became effective July 1, 1998.