§ 2-8-50. Applicability of Article
This article shall apply only to the Agricultural Commodity Commission for Peanuts. History. Code 1981, § 2-8-50 , enacted by Ga. L. 1989, p. 1420, § 1.
§ 2-8-51. Definitions
As used in this article, the term: “Advertising and sales promotion” means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of peanuts to market and may include the presentation of facts to and negotiations with state, federal, […]
§ 2-8-52. Commission Continued in Existence; Powers and Duties; Continuation of Certain Rules, Regulations, and Orders; Periodic Determination as to Continuation of Commission
The Agricultural Commodity Commission for Peanuts which was initially established August 1, 1961, pursuant to the “Georgia Agricultural Commodities Promotion Act,” (Ga. L. 1961, p. 301), as amended, is continued in existence and is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date. The Agricultural […]
§ 2-8-53. Membership of Commission; Division of Peanut-Producing Counties Into Districts; Election of Members; Compensation and Expenses; Certification of Members to Secretary of State
The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner provided in subsection (b) of this Code section. For the purpose of electing the five members of the Agricultural Commodity Commission for Peanuts, the commission shall divide those counties within this state […]
§ 2-8-54. Authority; 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
The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent […]
§ 2-8-55. Commission as Public Corporation; Name Used in Contracts and Legal Proceedings; Chairman; Quorum; Oath of Office; Certification of Election
The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairman and determine a quorum for the transaction of business. […]
§ 2-8-56. Receipt, Collection, and Disbursal of Funds
The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission. History. Code 1981, § 2-8-56 , enacted by Ga. L. 1989, p. 1420, § 1.
§ 2-8-57. Funds Held in Trust; Deposit, Accounting, and Disbursal of Funds; Exemption From Requirements Applicable to State Funds
Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. […]
§ 2-8-58. Bond of Persons Handling Funds Under Article; Signing of Checks, Drafts, and Negotiable Instruments; Election, Powers, and Duties of Treasurer
Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission […]
§ 2-8-59. Liability of Commission Members
The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts […]
§ 2-8-60. Authority to Confer With and Make Information Available to Governmental Authorities of This State, Other States, and the United States
The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the […]
§ 2-8-61. Issuance, Administration, and Enforcement of Marketing Orders; Notice and Hearing as to Proposed Order; Information From Persons Who May Be Affected by Order
The commission is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of peanuts within this state. Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this […]
§ 2-8-62. Recommendation of Promulgation of Marketing Order; Permissible Provisions of Orders; Effectiveness of Orders Heretofore Adopted and in Effect on July 1, 1989
If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-61 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent […]
§ 2-8-63. Finding 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
No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the commission until the finding of one or more of the following: That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of […]
§ 2-8-64. Limiting of Application of Marketing Order to Certain Marketing Areas or Portions of State
Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are […]
§ 2-8-65. Seasonal Marketing Regulations; Legislative Findings; Interpretation of Code Section
The commission without prior notice to and public hearing for the producers or handlers of the peanuts directly affected, may issue and make effective seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance […]
§ 2-8-66. Applicability of Orders Regulating Minimum Quality, Condition, Size, or Maturity
Whenever producers or handlers of peanuts regulated by a marketing order issued by the commission pursuant to this article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such peanuts from any source, whether produced […]
§ 2-8-67. Assessments 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
For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate […]
§ 2-8-68. Assessment Constitutes Personal Debt; Action for Collection; Fee for Late Payment; Remedies Cumulative
Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event […]
§ 2-8-69. Books and Records of Processors and Distributors; Furnishing Information to Commission; Inspection of Books and Records; Confidentiality; Enforcement
The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: To maintain books and records reflecting their operations under the marketing order; To furnish to the commission or its duly authorized or designated representatives such information as may from time to time […]