TITLE 2 AGRICULTURE

Section 11. Seeds and Plants, 2-11-1 through 2-11-77.

ARTICLE 4 SEED ARBITRATION COUNCIL

2-11-76. Findings and recommendations.

1. After completion of the informal hearing by the council, a report of findings and recommendations shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following:
   1. That no action be taken;
   2. That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice;

      (2.1) That money damages be paid to the purchaser of a commercial fruit or nut tree or trees as a result of the alleged failure of the tree or trees to be the variety represented to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees;

   3. That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or
   4. Such other recommendation found by the council to be fair and equitable to the parties.
2. In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperate in the arbitration proceedings.

(Code 1981, §2-11-76, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3.)