§ 2-8-70. Use of Designations of Grade, Quality, or Condition Without Complying With Regulations or Marketing Order

Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations authorized by a marketing […]

§ 2-8-71. Entry 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

Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where he has reason to believe any peanuts subject to a marketing order are produced, stored, […]

§ 2-8-72. Civil Penalty; Fixing Amount of Penalty; Civil Action; Disposition of Moneys

Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable […]

§ 2-8-73. Action by Attorney General for Civil Penalties or Injunctive Relief; Remedies Court May Impose; Payment of Costs

The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance […]

§ 2-8-74. Referral of Complaints to Attorney General or Prosecuting Attorney; Hearing to Consider Charges; Cease and Desist Order

The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney […]

§ 2-8-75. False or Fraudulent Reports, Statements, and Records; Failure or Refusal to Give Name and Address of Person From Whom Peanuts Received

Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or […]

§ 2-8-76. Criminal Penalty

Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor. History. Code 1981, § 2-8-76 , enacted by Ga. L. 1989, p. 1420, § 1.

§ 2-8-77. Construction of Penalty and Remedy Provisions

The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or […]

§ 2-8-78. Applicability to Retailers of Peanuts

This article shall not be applicable to any retailer of peanuts except to the extent that any retailer also engages in the processing or distribution of peanuts as defined in this article. History. Code 1981, § 2-8-78 , enacted by Ga. L. 1989, p. 1420, § 1.

§ 2-8-79. Applicability of “Georgia Administrative Procedure act.”

The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, § 2-8-79 , enacted by Ga. L. 1989, p. 1420, § 1.