O.C.G.A.

O.C.G.A. § 2-12-5 (2019)

Nonresident licensees

✓ 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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Every nonresident licensee, at the time of licensing and before distributing his or her fertilizer product or products in this state, shall comply with Chapter 5 of this title, the ‘‘Department of Agriculture Registration, License, and Permit Act.’’

History

Code 1981, § 2-12-5, enacted by Ga. L. 1997, p. 1271, § 1.

Annotations

Editor’s notes. - In light of the similarity of the statutory provisions, annota-

tions decided under former Code 1910, § 1772 and former Ga. L. 1929, p. 228 are included in the annotations for this Code section.

JUDICIAL DECISIONS Purpose of section is to inform a purchaser of the percentage of components in each sack of fertilizer. Terry v. Swift & Co., 21 Ga. App. 431, 94 S.E. 658 (1917) (decided under former Code 1910, § 1772). Sale of fertilizer not void for noncompliance. - Where a vendor of fertilizer in this state sells certain sacks of fertilizer which were not tagged or

branded, the failure to comply with the former provisions did not render the sale void and did not render a mortgage note given by the purchaser to the vendor for the purchase price of the fertilizer void and unenforceable. Blackshear Mfg. Co. v. Perry, 48 Ga. App. 355, 172 S.E. 585 (1934) (decided under former Ga. L. 1929, p. 228).