O.C.G.A.

O.C.G.A. § 10-1-945 (2019)

Civil actions by Attorney General; other remedies

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If the Attorney General has reason to believe that any online marketplace has violated or is violating this article and such violation affects one or more residents of this state, the Attorney General may bring a civil action in any appropriate court to:

(1) Enjoin further such violation by the defendant;

(2) Enforce compliance with this article;

(3) Obtain damages, restitution, or other compensation on behalf of the residents of this state; and

(4) Obtain other remedies permitted under state law.

(b) Any violation of this article shall additionally be a violation of Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975”; provided, however, that only public remedies as administered by the Attorney General shall be available under such part for violations of this article.

(c) Nothing in this article shall be construed to prohibit any district attorney, law enforcement officer, official, or agency of this state from initiating or continuing any proceeding in a court against an online marketplace for a violation of any other civil law or a criminal law of this state.

History

Code 1981, § 10-1-945, enacted by Ga. L. 2022, p. 560, § 2/SB 332.

CHAPTER 2 WEIGHTS AND MEASURES Sec.

Article 1 General Provisions Sec.

Definitions. Recognized systems of weights and measures. Primary standards of weights and measures; prescribing and verifying secondary standards. Technical requirements for commercial weighing and measuring devices. Powers and duties of Commissioner generally. Power of Commissioner to inspect commercial premises and vehicles; stop-use or stop-sale, hold, and removal orders; seizure. Misrepresentation of quantity in selling or buying prohibited. Misrepresentation or deception in pricing by weight, measure, or count prohibited. Permissible methods of selling by quantity. Delivery tickets for bulk sales and bulk deliveries of heating fuel. Information required on packages. Unit price required on packages with random weights. Quantity and retail price required on advertising of package commodities. Using or possessing incorrect weight or measure; removing tags, seals, or marks; obstructing enforcement. Standards for grain moisture testing equipment; enforcement and inspections. Permit to operate grain moisture testing equipment.

Inspection of scales used in intrastate shipments. When weight, measure, or weighing or measuring device presumed used in business. Manner of display of measurement of compressed natural gas on dispensing devices. Enjoining violations. Administrative penalty for violations; judicial review; proceedings for collection. Criminal penalty for violations. Sale and measurement of pulpwood, sawtimber, poles, and other types of timber. Article 2

Certified Public Weighers

Persons who may be licensed and known as certified public weighers. License required; application; issuance. Duration of license; fees; cost of seals. Revocation of license permit for malfeasance or violation; notice and hearing. [Reserved] Surety bonds. Certified public weigher’s official seal. Issuance of official seals to licensed tobacco warehousemen. Return of seal on termination of duties. Duties of certified public weighers. Use of untested weight, measure, or device prohibited. Weighing leaf tobacco and livestock. Sale of coal or coke by itin-

COMMERCE AND TRADE Sec.

Sec.

erant dealer without having weight certified; penalty. Commissioner of Agriculture to administer article; rules and regulations; regulation of livestock auction barns. Administrative penalty for

Administrative rules and regulations. Weights and Measures, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia

violation of article or order, rule, or regulation; judicial review; proceedings for collection. Criminal penalties for violations; revocation of licenses; forfeiture of seals.

Department of Agriculture, 40-15-1-.01 et seq. through 40-15-7-.01 et seq.

Rule Rule

Annotations

OPINIONS OF THE ATTORNEY GENERAL Duties of Commissioner of Agriculture are not all included in the agricultural provisions and may be found

in the provisions governing weights and measures and in other parts of the Code. 1958-59 Ga. Op. Att’y Gen. 4.

ARTICLE 1 GENERAL PROVISIONS Cross references. Powers and duties of Commissioner of Agriculture with regard to misbranding or

false advertisement of food, § 26-2-20 et seq.