For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of any marketing order which authorizes the carrying out of advertising and sales promotion plans, such order shall provide for the levying of assessments upon producers or processors utilizing the Georgia grown trademark. […]
Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of this 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. History. Code 1981, § 2-8-101 […]
Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be […]
The Attorney General of this state shall represent the commission in legal matters and shall be the attorney for the commission. The Attorney General shall, upon complaint by the commission, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any […]
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, § 2-8-104 , enacted by Ga. L. 2013, p. 74, § 1/HB 298.
The commission is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this article. 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, § […]
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 Georgia grown products to market and may include the presentation of facts to and negotiations with […]
The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department. History. Code 1981, § 2-8-91 , enacted by Ga. L. 2013, p. 74, § 1/HB 298.
There is created the Agricultural Commodity Commission for Georgia Grown Products. History. Code 1981, § 2-8-92 , enacted by Ga. L. 2013, p. 74, § 1/HB 298.
The commission shall be composed of: The Commissioner of Agriculture, ex officio; The president of the Georgia Farm Bureau, ex officio; One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer or processor and shall not be a […]
The commission, with its name annexed thereto, 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. History. Code 1981, § 2-8-94 , enacted by Ga. L. […]
The commission is authorized to accept donations, gifts, grants, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be […]
The members and employees of the commission and the Commissioner shall be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, “The Georgia Tort Claims Act.” History. Code 1981, § 2-8-96 , enacted by Ga. L. 2013, p. 74, § […]
The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders. Whenever the Commissioner 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 article with respect […]
If, upon the basis of the record of testimony and evidence received at the hearing provided for in Code Section 2-8-97, the commission determines that the issuance of a marketing order or amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any […]
Upon the recommendation of not fewer than three of the appointed members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioner’s or the commission’s opinion the substance of such minor […]
