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2018 Georgia Code 10-4-106 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-4-106 Case Law from Google Scholar Amendments to OCGA 10-4-106

TITLE 10 COMMERCE AND TRADE

Section 4. Warehousemen, 10-4-1 through 10-4-215.

ARTICLE 3 TOBACCO WAREHOUSING

10-4-106. Georgia Tobacco Marketing Act of 1995.

  1. This Code section shall be known and may be cited as "The Georgia Tobacco Marketing Act of 1995."
  2. The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit:
    1. Reserved;
    2. Reserved;
    3. For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales.

(Ga. L. 1960, p. 214, § 4; Ga. L. 1990, p. 137, § 1; Ga. L. 1995, p. 104, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1935, p. 476, are included in the annotations for this Code section.

Fixing reasonable maximum charges is not an arbitrary and capricious exercise of state power, repugnant to the Fourteenth Amendment of the federal Constitution, as placing a direct burden upon interstate commerce in violation of the commerce clause. Townsend v. Yeomans, 301 U.S. 441, 57 S. Ct. 842, 81 L. Ed. 1210 (1937) (decided under former Ga. L. 1935 p. 476).

Cited in Hussey v. Campbell, 189 F. Supp. 54 (S.D. Ga. 1960).

OPINIONS OF THE ATTORNEY GENERAL

Tobacco sheet program fees.

- When the Flue-Cured Tobacco Cooperative Stabilization Corporation intends to establish a program involving the states of Virginia, North Carolina, South Carolina, Georgia, and Florida to purchase, collect, manage, handle, and make necessary repairs to tobacco sheets (burlap sheets used to wrap the bales of tobacco) used in the tobacco industry, a warehouseman may collect a twenty-five cent fee from the seller and the buyer, and, along with the warehouseman's fees for the program, submit such funds to the corporation as such participation would not be in violation of O.C.G.A. § 10-4-106. 1989 Op. Att'y Gen. No. 89-17.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Warehouses, § 66.

C.J.S.

- 93 C.J.S., Warehousemen and Safe Depositaries, § 135 et seq.

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