O.C.G.A.

O.C.G.A. § 10-4-2 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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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As used in this article, the term: (1) “Agricultural product” means individually and collectively all grains, cotton, meat, fruits, vegetables, and other farm products offered or accepted for storage in their raw or natural state; provided, however, that products which have been processed only to the extent of shelling, cleaning, and grading shall be included; and, provided, further, that any warehouseman storing refrigerated or processed agricultural products may, at his option, come under the operation of this article. (2) “Commissioner” means the Commissioner of Agriculture. (3) “Grain” means all products commonly classed as grain, such as wheat, corn, oats, barley, rye, rice, field peas, soybeans, clover, grain sorghum, and other products ordinarily stored in grain warehouses. (4) “Person” means any individual, partnership, firm, corporation, association, or other organized group having a joint or common interest.

(5) “Producer” means a farmer or grower of agricultural products. (6) “Public warehouse” or “warehouse” means any building, structure, or other enclosure other than a refrigerated building or structure in this state at which any agricultural product is received from the public for storage for hire. (7) “Receipt” means a warehouse receipt issued under this article. (8) “Storer” means the depositor of agricultural products stored under a nonnegotiable receipt or the holder of a negotiable receipt for such products issued by a warehouseman licensed under this article. (9) “Warehouseman” means a person engaged in the business of operating a warehouse or any person who uses or undertakes to use a warehouse for the purpose of storing agricultural products for compensation for more than one person; provided, however, that any person operating a warehouse not covered by this article may elect to come under this article.

History

Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 2; Ga. L. 1982, p. 3, § 10; Ga. L. 2024, p. 1052, § 2(40)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modern-

ize, and correct the Code, substituted “however, that” for “however,” in paragraph (9).

Annotations

OPINIONS OF THE ATTORNEY GENERAL “Agricultural product” includes pine cones. - Pine cones may come under this article being includable in “agricultural product” as used therein. 1958-59 Ga. Op. Att’y Gen. 14. Lumber is not an “agricultural product” within the meaning of this article. 1958-59 Ga. Op. Att’y Gen. 12.

Warehouse storing cotton linters, cotton mill waste, and rayon can be licensed under this article if the warehouseman requests to be licensed. 1957 Ga. Op. Att’y Gen. 3.

RESEARCH REFERENCES Am. Jur. 2d. 78 Am. Jur. 2d, Warehouses, § 2. Am. Jur. Pleading and Practice Forms. 24B Am. Jur. Pleading and Practice Forms, Warehouses, § 1.

C.J.S. 93 C.J.S., Warehousemen and Safe Depositaries, § 1 et seq.

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Strozzo v. Sea Island Bank, 521 S.E.2d 392 (Ga. Ct. App. 1999).
Strozzo v. Sea Island Bank, 521 S.E.2d 392 (Ga. Ct. App. 1999). · cites it 2× “Statesboro’s trust agreement stated: *184 The principal shall well and truly perform and fulfill all the duties as a public warehouseman, qualified under the Georgia State Warehouse Act, codified at OCGA § 10-4-2, et seq., and as a grain dealer, where applicable, under the Grain…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.