Georgia Commons

Title 2. AGRICULTURE

Chapter 8. AGRICULTURAL COMMODITIES PROMOTION

115 sections · 2-8-1 to 2-8-219

Article 1. PURPOSE OF CHAPTER

  1. 2-8-1Short title.
  2. 2-8-2Intent and purpose of chapter.

Article 1A. PROMOTION OF AGRICULTURAL COMMODITIES

  1. 2-8-5Definitions.

Article 2. AGRICULTURAL COMMODITY COMMISSIONS GENERALLY

  1. 2-8-10Nonapplicability of article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, Agricultural Commodity Commission for Georgia Grown Products; or Agricultural Commodity Commission for Propane.
  2. 2-8-11Definitions.
  3. 2-8-12Commissioner to administer and enforce article.
  4. 2-8-13Ratification of previously established commissions and establishment of additional commissions; contributions deemed voluntary; balloting to determine continued existence.
  5. 2-8-14Composition; appointments, terms of office, and compensation; certification; advisory boards, special committees, and personnel; legal representation; acceptance of donations; voting; termination.
  6. 2-8-15Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State.
  7. 2-8-16Funds of commissions — Receipt, collection, and disbursement.
  8. 2-8-17Funds of commissions — Treatment as trust funds.
  9. 2-8-18Bonds of persons handling funds.
  10. 2-8-19Liability of commission members and employees.
  11. 2-8-20Cooperation with state and federal governmental authorities.
  12. 2-8-21Issuance of marketing orders authorized; notice; public hearing; record; reports from handlers; compilation of lists of producers and handlers; use of information in reports.
  13. 2-8-22Recommendation of marketing orders or amendments by commission; authorized provisions.
  14. 2-8-23Approval by producers prerequisite to issuance of marketing order or major amendment; notice; rules and regulations; expiration; extensions; referendum.
  15. 2-8-23.1Limitations on assessments.
  16. 2-8-24Area marketing orders authorized.
  17. 2-8-25Seasonal marketing regulations authorized; notice of issuance; liberal interpretation of Code section.
  18. 2-8-26Applicability of marketing orders.
  19. 2-8-27Assessments 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.
  20. 2-8-28Collection of assessments by civil action; penalty for delinquent payment.
  21. 2-8-29Maintenance and inspection of books and records and provision of information; confidentiality of information; hearings, testimony, and subpoenas.
  22. 2-8-30Use of grade or quality designations by persons not complying with order or regulations prohibited.
  23. 2-8-31Inspections; 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.
  24. 2-8-32Civil penalties; notice and hearing; recovery procedure; disposition of proceeds.
  25. 2-8-33Action for civil penalty or injunctive relief; costs.
  26. 2-8-34Referral for institution of legal proceedings; administrative hearing; cease and desist order.
  27. 2-8-35Furnishing of false report, statement, record, or marketing order; refusal to furnish certain information.
  28. 2-8-36Criminal penalty.
  29. 2-8-37Penalties and remedies concurrent, alternative, and cumulative.
  30. 2-8-38Applicability of article to retailers.

Article 3. AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS

  1. 2-8-50Applicability of article.
  2. 2-8-51Definitions.
  3. 2-8-52Commission continued in existence; powers and duties; continuation of certain rules, regulations, and orders; periodic determination as to continuation of commission.
  4. 2-8-53Membership of commission; division of peanut-producing counties into districts; election of members; compensation and expenses; certification of members to Secretary of State.
  5. 2-8-54Authority; 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.
  6. 2-8-55Commission as public corporation; name used in contracts and legal proceedings; chairman; quorum; oath of office; certification of election.
  7. 2-8-56Receipt, collection, and disbursal of funds.
  8. 2-8-57Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requirements applicable to state funds.
  9. 2-8-58Bond of persons handling funds under article; signing of checks, drafts, and negotiable instruments; election, powers, and duties of treasurer.
  10. 2-8-59Liability of commission members.
  11. 2-8-60Authority to confer with and make information available to governmental authorities of this state, other states, and the United States.
  12. 2-8-61Issuance, administration, and enforcement of marketing orders; notice and hearing as to proposed order; information from persons who may be affected by order.
  13. 2-8-62Recommendation of promulgation of marketing order; permissible provisions of orders; effectiveness of orders heretofore adopted and in effect on July 1, 1989.
  14. 2-8-63Finding 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.
  15. 2-8-64Limiting of application of marketing order to certain marketing areas or portions of state.
  16. 2-8-65Seasonal marketing regulations; legislative findings; interpretation of Code section.
  17. 2-8-66Applicability of orders regulating minimum quality, condition, size, or maturity.
  18. 2-8-67Assessments 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.
  19. 2-8-68Assessment constitutes personal debt; action for collection; fee for late payment; remedies cumulative.
  20. 2-8-69Books and records of processors and distributors; furnishing information to commission; inspection of books and records; confidentiality; enforcement.
  21. 2-8-70Use of designations of grade, quality, or condition without complying with regulations or marketing order.
  22. 2-8-71Entry 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.
  23. 2-8-72Civil penalty; fixing amount of penalty; civil action; disposition of moneys.
  24. 2-8-73Action by Attorney General for civil penalties or injunctive relief; remedies court may impose; payment of costs.
  25. 2-8-74Referral of complaints to Attorney General or prosecuting attorney; hearing to consider charges; cease and desist order.
  26. 2-8-75False or fraudulent reports, statements, and records; failure or refusal to give name and address of person from whom peanuts received.
  27. 2-8-76Criminal penalty.
  28. 2-8-77Construction of penalty and remedy provisions.
  29. 2-8-78Applicability to retailers of peanuts.
  30. 2-8-79Applicability of ‘‘Georgia Administrative Procedure Act.’’

Article 4. AGRICULTURAL COMMODITY COMMISSION FOR GEORGIA GROWN PRODUCTS

  1. 2-8-90Definitions.
  2. 2-8-91Authority of Commissioner.
  3. 2-8-92Creation.
  4. 2-8-93Composition; membership.
  5. 2-8-94Public corporation and instrumentality of the State of Georgia.
  6. 2-8-95Powers, duties, and authority of commission.
  7. 2-8-96Immunity from liability.
  8. 2-8-97Authority of Commissioner to issue, administer, and enforce provisions of marketing orders; hearings.
  9. 2-8-98Recommendation of promulgation of a marketing order.
  10. 2-8-99Amendments to marketing orders; notice; rules and regulations; termination of orders.
  11. 2-8-100Levying and collection of assessments.
  12. 2-8-101Limitations on application of marketing orders.
  13. 2-8-102Deposit and disbursement of funds; investment.
  14. 2-8-103Duties of Attorney General.
  15. 2-8-104Violations.
  16. 2-8-105Rules and regulations.

Article 5. AGRICULTURAL COMMODITY COMMISSION FOR EQUINES

  1. 2-8-120Applicability.
  2. 2-8-121Definitions.
  3. 2-8-122Commissioner’s authority.
  4. 2-8-123Commission created.
  5. 2-8-124Commission membership; nomination and election of commission members.
  6. 2-8-125Commission to be a public corporation and instrumentality of the state; powers; transaction of commission business.
  7. 2-8-126Receipt, collection, and disbursement of funds.
  8. 2-8-127Funds received under this article to be held in trust for the commission.
  9. 2-8-128Persons handling funds to be bonded.
  10. 2-8-129Committee members and employees not responsible individually for errors in judgment, mistakes or other acts.
  11. 2-8-130Commission authorized to share information with state and federal government agencies.
  12. 2-8-131Issuance, administration, and enforcement of marketing orders; hearing.
  13. 2-8-132Provisions for establishment of advertising, research, and education programs.
  14. 2-8-133Amendments to, rules and regulations governing, and expiration and termination of marketing orders.
  15. 2-8-134Limited application of marketing orders.
  16. 2-8-135Commission authorized to borrow funds for certain purposes; disposition of funds collected pursuant to this article.

Article 6. AGRICULTURAL COMMODITY COMMISSION FOR PROPANE

  1. 2-8-200Definitions.
  2. 2-8-201Creation.
  3. 2-8-202Membership; vacancies; compensation; certification of membership; naming of chairperson; quorum.
  4. 2-8-203Use of outside resources; representation by Attorney General; acceptance of donations and gifts; property interests.
  5. 2-8-204Status of commission; oath of office.
  6. 2-8-205Funding obligations.
  7. 2-8-206Funds held in trust; accounting.
  8. 2-8-207Bonding requirements for those handling finances.
  9. 2-8-208No individual liability.
  10. 2-8-209Marketing orders; public hearings.
  11. 2-8-210Recommendation for promulgation of marketing order; prohibition against lobbying; administrative expenses; costs.
  12. 2-8-211Requirement for referendum; voters and voting rights; approval; record keeping; confidentiality.
  13. 2-8-212Opt out by dealers.
  14. 2-8-213Referendum vote on continuation of commission.
  15. 2-8-214Assessments as personal debt; cumulative nature of penalties.
  16. 2-8-215Civil penalty for violations.
  17. 2-8-216Actions brought by Attorney General; injunctions and specific performance; incurring and payment of costs.
  18. 2-8-217Attorney General or prosecuting attorney to bring actions; administrative hearings; response to finding violation.
  19. 2-8-218Falsification of reports, statements, or records; penalty.
  20. 2-8-219Regulatory authority.