O.C.G.A. § 10-4-106 (2019)
Georgia Tobacco Marketing Act of 1995
(a) This Code section shall be known and may be cited as “The Georgia Tobacco Marketing Act of 1995.” (b) 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.
History
Ga. L. 1960, p. 214, § 4; Ga. L. 1990, p. 137, § 1; Ga. L. 1995, p. 104, § 1.
Annotations
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, repug-
nant 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 U.S. LEXIS 300 (1937) (decided under former Ga. L. 1935 p. 476).
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, § 124 et seq.