O.C.G.A.

O.C.G.A. § 2-10-55 (2019)

Authority of Commissioner to make inspections, prescribe and collect fees and charges, and assign space on farmers’ markets

✓ 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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(a) In addition to any powers heretofore granted, the Commissioner shall have the authority to: (1) Inspect all agricultural products coming into Georgia markets or offered for sale within the state; (2) Prescribe and collect reasonable fees and charges to pay the necessary costs of operating and maintaining farmers’ markets; and (3) Assign space on farmers’ markets and make changes in such assignments as circumstances may require. (b) Nothing contained in this article shall be construed to limit any power or duty conferred upon the Commissioner by existing law.

History

Ga. L. 1935, p. 369, §§ 5, 7, 8; Ga. L. 1959, p. 242, § 4; Ga. L. 1981, p. 1354, § 7.

Annotations

Cross references. - Exemption from

municipal property taxes and license fees for sale or introduction into municipality of agricultural products raised in state, § 48-5-356.

OPINIONS OF THE ATTORNEY GENERAL 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 Op. Att’y Gen. p. 494. Those businesses or vendors operating strictly within the state farmer’s market

are not subject to any business license fee by the City of Forest Park. 1987 Op. Att’y Gen. No. 87-36. Those vendors or businesses operating out of the state farmers’ market in Forest Park who solicit orders and make deliveries within the City of Forest Park could conceivably be required to obtain a business license from the City of Forest Park. 1987 Op. Att’y Gen. No. 87-36.

Those businesses or vendors operating out of the state farmers’ market in Forest Park who solicit orders and subsequently make deliveries in municipalities other than the City of Forest Park would be exempt from any municipal license fee provided that the county in which the municipality is located does not have a population greater than 500,000. 1987 Op. Att’y Gen. No. 87-36.

RESEARCH REFERENCES Am. Jur. 2d. - 3 Am. Jur. 2d, Agriculture, § 39 et seq.

C.J.S. - 3 C.J.S., Agriculture, § 27 et seq.