Georgia Commons

Title 10. COMMERCE AND TRADE

Chapter 4. WAREHOUSEMEN

120 sections · 10-4-1 to 10-4-218

Article 1. GENERAL PROVISIONS; AGRICULTURAL PRODUCT WAREHOUSING

  1. 10-4-1Short title.
  2. 10-4-2Definitions.
  3. 10-4-3State warehouse section established; supervisor of section.
  4. 10-4-4Exemptions from article; warehousemen electing to be covered.
  5. 10-4-5Powers and duties of Commissioner; annual reports; adoption of rules and regulations.
  6. 10-4-6Procedure for adopting or changing rules and regulations; administrative review of objections.
  7. 10-4-7Uniform application of orders, fees, rules, and regulations.
  8. 10-4-8Existing interstate commerce regulations not affected.
  9. 10-4-9Judicial review of administrative decision.
  10. 10-4-10Annual license required; issuance by Commissioner; application for license or renewal.
  11. 10-4-11License for person electing to comply with article and regulations.
  12. 10-4-12Bond required; additional bond.
  13. 10-4-13Bonded and licensed warehouse may be designated as state bonded.
  14. 10-4-14Actions on bonds.
  15. 10-4-15Inspections of warehouses.
  16. 10-4-16Inspectors and examiners to be bonded.
  17. 10-4-17License fees.
  18. 10-4-18Delivery to warehouse presumably for storage.
  19. 10-4-19Warehouse receipts required; obtaining printed forms; use of electronic receipts authorized.
  20. 10-4-20Essential terms of warehouse receipts; liability for omission.
  21. 10-4-21Obligation of warehouseman to deliver; effect of loss or damage.
  22. 10-4-22Surrender and cancellation of warehouse receipts on delivery.
  23. 10-4-23Records of warehousemen.
  24. 10-4-24Inspection of records; preservation of records when license terminated.
  25. 10-4-25When insurance on stored products required.
  26. 10-4-26Schedules of charges to be filed; changes in charges; special rates for United States; duplication of charges prohibited.
  27. 10-4-27Certified public weighers to be provided.
  28. 10-4-28Scales to be provided; examination; disapproved scales not to be used.
  29. 10-4-29Suspension of license pending investigation or correction of violation; impoundment of records and commodities.
  30. 10-4-30Suspension or revocation of license for violation; liquidation proceedings; impoundment of unused receipts.
  31. 10-4-31Publishing lists of licensed and bonded warehouses, license terminations, and findings as to violations.
  32. 10-4-32Criminal penalties for violations; immunity of sureties.
  33. 10-4-33Duty of persons accepting warehouse receipts to take adequate measures regarding goods.

Article 2. STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING · Part 1. STATE WAREHOUSE COMMISSIONER

  1. 10-4-50Designation of commissioner.
  2. 10-4-51Bond of commissioner.
  3. 10-4-52Appointment and bonding of necessary employees; promulgation of rules and regulations.
  4. 10-4-53Actions by and against commissioner; limitations on liability; “linters” not to be stored.
  5. 10-4-54Duties of commissioner generally.
  6. 10-4-55Acquisition of property; encouraging erection of warehouses.
  7. 10-4-56Purchase or lease of, or contracting for, compress plant by commissioner.
  8. 10-4-57Fire insurance on property owned by or in possession of commissioner.
  9. 10-4-58Annual report.
  10. 10-4-59Cooperation with other states.
  11. 10-4-60State debt not to be created.

Article 2. STATE WAREHOUSE COMMISSIONER; COTTON WAREHOUSING · Part 2. STORAGE OF COTTON

  1. 10-4-70Standards and classifications of cotton.
  2. 10-4-71Storing lint cotton; inspection tags; issuance, contents, transfer, and cancellation of receipts.
  3. 10-4-72Fixing terms and rate of storage.
  4. 10-4-73Commissioner may negotiate loans on receipts and sale of stored cotton.
  5. 10-4-74Commissioner’s charges and commissions.
  6. 10-4-75Warehouse receipt books; execution and sealing of receipts.
  7. 10-4-76Investigation of liens and titles by warehouseman; priority of claim of receipt holder.
  8. 10-4-77Penalty for failure to give notice of lien on cotton.
  9. 10-4-78Penalty for false affidavit as to lien on cotton.
  10. 10-4-79Penalties for delivering cotton without production of receipt or failing to cancel receipt.
  11. 10-4-80Penalties for issuing receipt for cotton not in warehouse.
  12. 10-4-81Penalty for issuing duplicate or additional receipt; lost or destroyed receipts.

Article 3. TOBACCO WAREHOUSING · Part 1. LEAF TOBACCO SALES AND STORAGE

  1. 10-4-100Legislative intent and findings.
  2. 10-4-101Licenses for flue-cured leaf tobacco auction sales; “clean-up” sale licenses.
  3. 10-4-102Physical standards for leaf tobacco warehouses; compliance as prerequisite for license.
  4. 10-4-103Insurance as prerequisite for license.
  5. 10-4-104Allocating sales opportunities among licensed warehouses.
  6. 10-4-105Denial of issuance or suspension or revocation of license.
  7. 10-4-106Georgia Tobacco Marketing Act of 1995.
  8. 10-4-107Warehousemen to render itemized statements.
  9. 10-4-107.1Requirements of tobacco contracts.
  10. 10-4-108Records and reports by warehousemen.
  11. 10-4-109Commissioner of Agriculture to keep sales records; publication.
  12. 10-4-110Advisory board; creation; membership; compensation; expenses.Reserved
  13. 10-4-111Meetings of advisory board; duties; fixing opening date of marketing season; revocation of license for early sale.Reserved
  14. 10-4-112Limitations on sales hours and days of warehouses.
  15. 10-4-113Maximum rate of sales.
  16. 10-4-114Auction tobacco dealers; licenses; regulations as to reports and records; refusal, suspension, or revocation of license.
  17. 10-4-114.1Grading by the Agriculture Marketing Service; alternatives if graders unavailable.Repealed
  18. 10-4-115Nonauction tobacco dealers to be licensed; bond or trust fund agreement; records and reports; certified public weighers provided; penalty.
  19. 10-4-116Inspection of premises and records.
  20. 10-4-117Certified public weighers to be provided by licensees.
  21. 10-4-117.1Detention of tobacco; notice; condemnation; cost of testing.
  22. 10-4-118Enforcement of part; notice and hearing in revocation or suspension proceedings.
  23. 10-4-119Suspension or revocation of license or registration pending investigation and correction of violation.
  24. 10-4-120Enjoining violations.
  25. 10-4-121Procedure for adopting or changing rules and regulations; administrative review of objections.
  26. 10-4-122Judicial review of administrative decision.
  27. 10-4-123General penalty for violation of part.

Article 3. TOBACCO WAREHOUSING · Part 2. CARRY-OVER LEAF TOBACCO STORAGE AND SALE

  1. 10-4-140Legislative intent and findings.
  2. 10-4-141Definitions.
  3. 10-4-142Licenses for carry-over tobacco services.
  4. 10-4-143Fire and extended coverage insurance on stored tobacco.
  5. 10-4-144Each licensee to be bonded.
  6. 10-4-145Maximum charges and expenses.
  7. 10-4-146Licensees to render statements upon receipt of tobacco.
  8. 10-4-147Division of money received above contract sales price plus charges and expenses.
  9. 10-4-148Licensees’ records and reports.
  10. 10-4-149Commissioner of Agriculture to keep storage and sale records; publication.
  11. 10-4-150Tender for storage not deemed sale; sale not consummated before next season.
  12. 10-4-151Certified public weighers to be provided by licensees.
  13. 10-4-152Regulations and physical standards for premises; inspection of premises.
  14. 10-4-153Enforcement of part; revocation or suspension of licenses.
  15. 10-4-154Enjoining violations.
  16. 10-4-155Penalty for violating part or rules or regulations.

Article 3. TOBACCO WAREHOUSING · Part 3. TOBACCO WAREHOUSEMEN’S ASSOCIATIONS

  1. 10-4-170Local boards of trade and state-wide organization of warehousemen authorized.
  2. 10-4-171Arbitrating organization of board of trade.
  3. 10-4-172Rules and regulations of boards of trade and state-wide organization.
  4. 10-4-173Local and state-wide membership fees.
  5. 10-4-174Membership in board of trade and state-wide organization as conditions for operating warehouse.
  6. 10-4-175Categories of membership; participation in allocating sale time; liability for board’s acts.
  7. 10-4-176Appealing suspension or expulsion from board of trade or state-wide organization.
  8. 10-4-177Price fixing or restraint of trade not authorized; regulation of leaf tobacco selling unaffected.

Article 4. CONVENIENCE WAREHOUSING

  1. 10-4-190Short title.
  2. 10-4-191Definitions; exemption of state licensed or bonded warehouses.
  3. 10-4-192Information required for storage rental or lease; property ownership statement.
  4. 10-4-193Penalties.

Article 5. SELF-SERVICE STORAGE FACILITIES

  1. 10-4-210Short title.
  2. 10-4-211Definitions.
  3. 10-4-212Lien of owner of self-service storage facility upon property located at facility; priority; attachment.
  4. 10-4-213Enforcement of lien without judicial intervention; execution of rental agreement.
  5. 10-4-214Compliance with Servicemembers Civil Relief Act; additional rights, duties, and obligations not impaired; rights under article additional.
  6. 10-4-215Rental agreements entered into before July 1, 2013, not affected.
  7. 10-4-216Self-service storage facility not residence; no application of public bonded warehouseman provisions.
  8. 10-4-217Late penalty; calculations; application.
  9. 10-4-218Deemed acceptance of rental agreement; notice of termination or nonrenewal; removal of personal property.