Chapter

EMERGING CROPS FUND ACT

O.C.G.A. § 2-8-1— Short title
O.C.G.A. § 2-8-2— Intent and purpose of chapter
O.C.G.A. § 2-8-5— Definitions
O.C.G.A. § 2-8-10— Nonapplicability 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
O.C.G.A. § 2-8-11— Definitions
O.C.G.A. § 2-8-12— Commissioner to administer and enforce article
O.C.G.A. § 2-8-13— Commissions previously established are ratified and governed by chapter; contributions deemed voluntary; balloting to determine continued existence
O.C.G.A. § 2-8-14— Composition; appointments, terms of office, and compensation; certification; advisory boards, special committees, and personnel; legal representation; acceptance of donations; voting; termination
O.C.G.A. § 2-8-15— Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State
O.C.G.A. § 2-8-16— Funds of commissions — Receipt, collection, and disbursement
O.C.G.A. § 2-8-17— Funds of commissions — Treatment as trust funds
O.C.G.A. § 2-8-18— Bonds of persons handling funds
O.C.G.A. § 2-8-19— Liability of commission members and employees
O.C.G.A. § 2-8-20— Cooperation with state and federal governmental authorities
O.C.G.A. § 2-8-21— Issuance of marketing orders authorized; notice; public hearing; record; reports from handlers; compilation of lists of producers and handlers; use of information in reports
O.C.G.A. § 2-8-22— Recommendation of marketing orders or amendments by commission; authorized provisions
O.C.G.A. § 2-8-23— Approval by producers prerequisite to issuance of marketing order or major amendment; notice; rules and regulations; expiration; extensions; referendum
O.C.G.A. § 2-8-23.1— Limitations on assessments
O.C.G.A. § 2-8-24— Area marketing orders authorized
O.C.G.A. § 2-8-25— Seasonal marketing regulations authorized; notice of issuance; liberal interpretation of Code section
O.C.G.A. § 2-8-26— Applicability of marketing orders
O.C.G.A. § 2-8-27— Assessments 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
O.C.G.A. § 2-8-28— Collection of assessments by civil action; penalty for delinquent payment
O.C.G.A. § 2-8-29— Maintenance and inspection of books and records and provision of information; confidentiality of information; hearings, testimony, and subpoenas
O.C.G.A. § 2-8-30— Use of grade or quality designations by persons not complying with order or regulations prohibited
O.C.G.A. § 2-8-31— Inspections; 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
O.C.G.A. § 2-8-32— Civil penalties; notice and hearing; recovery procedure; disposition of proceeds
O.C.G.A. § 2-8-33— Action for civil penalty or injunctive relief; costs
O.C.G.A. § 2-8-34— Referral for institution of legal proceedings; administrative hearing; cease and desist order
O.C.G.A. § 2-8-35— Furnishing of false report, statement, record, or marketing order; refusal to furnish certain information
O.C.G.A. § 2-8-36— Criminal penalty
O.C.G.A. § 2-8-37— Penalties and remedies concurrent, alternative, and cumulative
O.C.G.A. § 2-8-38— Applicability of article to retailers
O.C.G.A. § 2-8-50— Applicability of article
O.C.G.A. § 2-8-51— Definitions
O.C.G.A. § 2-8-52— Commission continued in existence; powers and duties; continuation of certain rules, regulations, and orders; periodic determination as to continuation of commission
O.C.G.A. § 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
O.C.G.A. § 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
O.C.G.A. § 2-8-55— Commission as public corporation; name used in contracts and legal proceedings; chairman; quorum; oath of office; certification of election
O.C.G.A. § 2-8-56— Receipt, collection, and disbursal of funds
O.C.G.A. § 2-8-57— Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requirements applicable to state funds
O.C.G.A. § 2-8-58— Bond of persons handling funds under article; signing of checks, drafts, and negotiable instruments; election, powers, and duties of treasurer
O.C.G.A. § 2-8-59— Liability of commission members
O.C.G.A. § 2-8-60— Authority to confer with and make information available to governmental authorities of this state, other states, and the United States
O.C.G.A. § 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
O.C.G.A. § 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
O.C.G.A. § 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
O.C.G.A. § 2-8-64— Limiting of application of marketing order to certain marketing areas or portions of state
O.C.G.A. § 2-8-65— Seasonal marketing regulations; legislative findings; interpretation of Code section
O.C.G.A. § 2-8-66— Applicability of orders regulating minimum quality, condition, size, or maturity
O.C.G.A. § 2-8-67— Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-67 as are other moneys
O.C.G.A. § 2-8-68— Assessment constitutes personal debt; action for collection; fee for late payment; remedies cumulative
O.C.G.A. § 2-8-69— Books and records of processors and distributors; furnishing information to commission; inspection of books and records; confidentiality; enforcement
O.C.G.A. § 2-8-70— Use of designations of grade, quality, or condition without complying with regulations or marketing order
O.C.G.A. § 2-8-71— Entry and inspection of premises to check compliance
O.C.G.A. § 2-8-73— Action by Attorney General for civil penalties or injunctive relief; remedies court may impose; payment of costs
O.C.G.A. § 2-8-74— Referral of complaints to Attorney General or prosecuting attorney; hearing to consider charges; cease and desist order
O.C.G.A. § 2-8-75— False or fraudulent reports, statements, and records; failure or refusal to give name and address of person from whom peanuts received
O.C.G.A. § 2-8-76— Criminal penalty
O.C.G.A. § 2-8-77— Construction of penalty and remedy provisions
O.C.G.A. § 2-8-78— Applicability to retailers of peanuts
O.C.G.A. § 2-8-79— Applicability of “Georgia Administrative Procedure
O.C.G.A. § 2-8-90— Definitions
O.C.G.A. § 2-8-91— Authority of Commissioner
O.C.G.A. § 2-8-92— Creation
O.C.G.A. § 2-8-93— Composition; membership
O.C.G.A. § 2-8-94— Public corporation and instrumentality of the State of Georgia
O.C.G.A. § 2-8-95— Powers, duties, and authority of commission
O.C.G.A. § 2-8-96— Immunity from liability
O.C.G.A. § 2-8-97— Authority of Commissioner to issue, administer, and enforce provisions of marketing orders; hearings
O.C.G.A. § 2-8-98— Recommendation of promulgation of a marketing order
O.C.G.A. § 2-8-99— Amendments to marketing orders; notice; rules and regulations; termination of orders
O.C.G.A. § 2-8-100— Levying and collection of assessments
O.C.G.A. § 2-8-101— Limitations on application of marketing orders
O.C.G.A. § 2-8-102— Deposit and disbursement of funds; investment
O.C.G.A. § 2-8-103— Duties of Attorney General
O.C.G.A. § 2-8-104— Violations
O.C.G.A. § 2-8-105— Rules and regulations
O.C.G.A. § 2-8-120— Applicability
O.C.G.A. § 2-8-121— Definitions
O.C.G.A. § 2-8-122— Commissioner’s authority
O.C.G.A. § 2-8-123— Commission created
O.C.G.A. § 2-8-124— Commission membership; nomination and election of commission members
O.C.G.A. § 2-8-125— Commission to be a public corporation and instrumentality of the state; powers; transaction of commission business
O.C.G.A. § 2-8-126— Receipt, collection, and disbursement of funds
O.C.G.A. § 2-8-127— Funds received under this article to be held in trust for the commission
O.C.G.A. § 2-8-128— Persons handling funds to be bonded
O.C.G.A. § 2-8-129— Committee members and employees not responsible individually for errors in judgment, mistakes or other acts
O.C.G.A. § 2-8-130— Commission authorized to share information with state and federal government agencies
O.C.G.A. § 2-8-131— Issuance, administration, and enforcement of marketing orders; hearing
O.C.G.A. § 2-8-132— Provisions for establishment of advertising, research, and education programs
O.C.G.A. § 2-8-133— Amendments to, rules and regulations governing, and expiration and termination of marketing orders
O.C.G.A. § 2-8-134— Limited application of marketing orders
O.C.G.A. § 2-8-135— Commission authorized to borrow funds for certain purposes; disposition of funds collected pursuant to this article
O.C.G.A. § 2-8-200— Definitions
O.C.G.A. § 2-8-201— Creation
O.C.G.A. § 2-8-202— Membership; vacancies; compensation; certification of membership; naming of chairperson; quorum
O.C.G.A. § 2-8-203— Use of outside resources; representation by Attorney General; acceptance of donations and gifts; property interests
O.C.G.A. § 2-8-204— Status of commission; oath of office
O.C.G.A. § 2-8-205— Funding obligations
O.C.G.A. § 2-8-206— Funds held in trust; accounting
O.C.G.A. § 2-8-207— Bonding requirements for those handling finances
O.C.G.A. § 2-8-208— No individual liability
O.C.G.A. § 2-8-209— Marketing orders; public hearings
O.C.G.A. § 2-8-210— Recommendation for promulgation of marketing order; prohibition against lobbying; administrative expenses; costs
O.C.G.A. § 2-8-211— Requirement for referendum; voters and voting rights; approval; record keeping; confidentiality
O.C.G.A. § 2-8-212— Opt out by dealers
O.C.G.A. § 2-8-213— Referendum vote on continuation of commission
O.C.G.A. § 2-8-214— Assessments as personal debt; cumulative nature of penalties
O.C.G.A. § 2-8-215— Civil penalty for violations
O.C.G.A. § 2-8-216— Actions brought by Attorney General; injunctions and specific performance; incurring and payment of costs
O.C.G.A. § 2-8-217— Attorney General or prosecuting attorney to bring actions; administrative hearings; response to finding violation
O.C.G.A. § 2-8-218— Falsification of reports, statements, or records; penalty
O.C.G.A. § 2-8-219— Regulatory authority