TITLE 2 AGRICULTURE

Section 10. Marketing Facilities, Organizations, and Programs, 2-10-1 through 2-10-140.

ARTICLE 2 FARMERS' MARKETS

2-10-53. Powers and duties of Commissioner generally.

The Commissioner of Agriculture is charged with the duty of establishing, operating, and maintaining farmers' markets and is charged with the responsibility of enforcing this article. In addition to any other powers conferred on him by this article, he may:

Investigate methods and practices in connection with the production, handling, standardizing, grading, classifying, sorting, weighing, packing, transporting, storing, inspecting, and sale of agricultural products of all kinds within the state and all matters relevant thereto;
Gather, formulate, and disseminate, in such form and at such times as he deems advisable, information relating to the matters included within paragraph (1) of this Code section;
Disseminate, in such form and at such times as he deems advisable, information relating to market conditions, including, but not limited to, the supply, demand, and prices for all agricultural products and such other information as may benefit the producers, purchasers, and consumers of this state;
Ascertain sources of supply of agricultural products and publish in print or electronically the names and addresses of producers and consignors thereof;
Assist and advise in the organization and the operation of cooperatives and other associations in order to improve relations and services among producers, distributors, and consumers;
Investigate delays, embargoes, conditions, practices, charges, and rates in the transportation and handling of agricultural products and, when deemed necessary, cause proceedings to be instituted before the proper authority or tribunal to improve and adjust same and cause the proper proceedings to be instituted to prevent unlawful combinations or agreements in restraint of trade or the fixing of prices;
Take such steps as he deems advisable to prevent the waste or spoilage of agricultural products;
Secure the cooperation and assistance of the United States Department of Agriculture or any other agency or department of the United States or of other states;
Secure the cooperation and assistance of the other departments and agencies of this state, the University of Georgia, the other colleges and universities of the University System of Georgia, and other organizations that may be of assistance; and
Take such other measures as shall be proper for carrying out the purposes of this article.

(Ga. L. 1917, p. 77, § 3; Code 1933, § 5-204; Ga. L. 1935, p. 369, §§ 2-4, 13; Ga. L. 1956, p. 215, § 1; Ga. L. 1959, p. 242, § 1; Ga. L. 1981, p. 1354, §§ 4, 5; Ga. L. 2010, p. 838, § 10/SB 388.)

JUDICIAL DECISIONS

"Farmers" construed.

- It cannot be said that the General Assembly, by the mere use of the word "farmers" preceding the word "market," intended to limit to farmers the sales of farm products in the market, and to exclude other sellers therefrom, provided that their operations conserve the primary purpose of this article to aid Georgia farmers. Newton v. City of Atlanta, 189 Ga. 441, 6 S.E.2d 61 (1939).

Creating or operating market deemed governmental functions.

- Activities of the Commissioner, in creating or operating a state farmers' market, are state governmental functions. Newton v. City of Atlanta, 189 Ga. 441, 6 S.E.2d 61 (1939); Barwick v. Roberts, 192 Ga. 783, 16 S.E.2d 867 (1941), cert. denied, 315 U.S. 796, 62 S. Ct. 489, 86 L. Ed. 1197 (1942).

OPINIONS OF THE ATTORNEY GENERAL

Commissioner authorized to establish and operate branch markets.

- The General Assembly has invested the Commissioner with the authority to establish and operate branch farmers' markets as an auxiliary or adjunct to main farmers' markets if the Commissioner, in the exercise of a sound discretion, should determine that such a branch market is for the best interest of the state. 1945-47 Op. Att'y Gen. p. 9.

Commissioner authorized to employ reasonable means to prevent waste.

- The Commissioner has the power and authority to employ reasonable means to prevent the waste or depreciation of farm products in order to benefit the producers, distributors, and consumers of this state. 1948-49 Op. Att'y Gen. p. 427.

Leasing right-of-way through market prohibited.

- Absent legislative authority, the Commissioner may not lease a right-of-way through a farmers' market to a railroad. 1945-47 Op. Att'y Gen. p. 11.

Municipal regulation.

- Business operated upon property of state farmers' market is exempted from municipal taxation and regulations of any kind except certain regulations as to police, fire, and health. 1954-56 Op. Att'y Gen. p. 494.

Businesses conducted in the confines of a farmer's market are subject to criminal municipal ordinances. 1950-51 Op. Att'y Gen. p. 335.

Publication of proceedings for distribution authorized.

- Upon determination by the Commissioner that the proceedings of the National Association of State Departments of Agriculture are of interest to the agriculture of this state, the Commissioner is authorized to publish such proceedings for distribution. 1960-61 Op. Att'y Gen. p. 1.

Section defines subject matter included in publication.

- The subject matter which may be included in a publication is defined in this section. 1945-47 Op. Att'y Gen. p. 18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agriculture, § 54. 52 Am. Jur. 2d, Markets and Marketing, § 17 et seq.

C.J.S.

- 3 C.J.S., Agriculture, §§ 5, 19 et seq., 163, 165.

ALR.

- Power, under statute for stabilization of market for agricultural crops, in respect of crop loans by public agency and the security therefor, 157 A.L.R. 338.

Retroactive effect of zoning regulation, in absence of saving clause, on pending application for building permit, 50 A.L.R.3d 596.

Applicability of zoning regulations to governmental projects or activities, 53 A.L.R.5th 1.

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