§ 10-4-114. Auction Tobacco Dealers; Licenses; Regulations as to Reports and Records; Refusal, Suspension, or Revocation of License
Any person, firm, or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed under this Code section shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm, or corporation to engage in the business of a tobacco dealer without first having secured a license […]
§ 10-4-115. Nonauction Tobacco Dealers Licensed; Bond or Trust Fund Agreement; Records and Reports; Certified Public Weighers Provided; Penalty
Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer’s license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual […]
§ 10-4-116. Inspection of Premises and Records
The Commissioner of Agriculture, himself or through his agent, is authorized to inspect the premises of each licensee as often as he shall deem necessary. It shall be the duty of each licensee to cause to be kept records that shall be open to inspection by the Commissioner in such manner as to show accurately […]
§ 10-4-117. Certified Public Weighers to Be Provided by Licensees
It shall be the duty of each licensee to provide a certified public weigher for the weighing of tobacco upon his premises; and it shall be unlawful for any person to weigh tobacco for sale who is not a certified public weigher. History. Ga. L. 1960, p. 214, § 18. Cross references. Certified public weigher […]
§ 10-4-117.1. Detention of Tobacco; Notice; Condemnation; Cost of Testing
Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any tobacco has been treated with any pesticide not currently registered by the United States Environmental Protection Agency or the Commissioner, or both, for use on tobacco or contains a residue of any pesticide or other substance at a […]
§ 10-4-118. Enforcement of Part; Notice and Hearing in Revocation or Suspension Proceedings
It shall be the duty of the Commissioner of Agriculture to enforce this part and to utilize any employee of the Department of Agriculture in the performance of his duties under this part. The Commissioner is authorized to revoke or suspend any license or registration issued under this part to any person violating this part […]
§ 10-4-119. Suspension or Revocation of License or Registration Pending Investigation and Correction of Violation
At such time as the Commissioner of Agriculture deems there has been a violation of this part and the rules and regulations promulgated under this part, he shall have the power and authority, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to suspend the license or registration pending investigation of […]
§ 10-4-120. Enjoining Violations
In addition to the remedies provided in this part and notwithstanding the existence of any other remedy of law and notwithstanding the pendency of any criminal prosecution, the Commissioner of Agriculture is authorized to apply to the superior court; and such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary […]
§ 10-4-121. Procedure for Adopting or Changing Rules and Regulations; Administrative Review of Objections
Prior to adoption or change of any rules and regulations, the Commissioner of Agriculture shall promulgate the proposed rule or regulation or change and afford interested persons an opportunity to be heard and submit data and views orally or in writing. Any person with a real and substantial interest who is affected by a rule […]
§ 10-4-122. Judicial Review of Administrative Decision
Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this part or by the state or federal Constitution is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the judicial […]