O.C.G.A.
O.C.G.A.

O.C.G.A. § 2-7-204 (2019)

Promulgation of rules and regulations

✓ 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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The department may promulgate all rules and regulations necessary to administer the provisions of this article.

History

Code 1981, § 2-7-204, enacted by Ga. L. 2015, p. 1352, § 3/HB 475.

CHAPTER 8 AGRICULTURAL COMMODITIES PROMOTION Sec.

Article 1 Purpose of Chapter Sec.

Short title. Intent and purpose of chapter. Article 1A Promotion of Agricultural Commodities

Definitions. Article 2 Agricultural Commodity Commissions Generally

Nonapplicability of article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, Agricultural Commodity Commission for Georgia Grown Products; or Agricultural Commodity Commission for Propane. Definitions. Commissioner to administer and enforce article. Commissions previously established are ratified and governed by chapter; contributions deemed voluntary; balloting to determine continued existence. Composition; appointments, terms of office, and compensation; certification; advisory boards, special committees, and personnel; legal representation; acceptance of donations; voting; termination. Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State. Funds of commissions - Receipt, collection, and disbursement. Funds of commissions - Treatment as trust funds.

Bonds of persons handling funds. Liability of commission members and employees. Cooperation with state and federal governmental authorities. Issuance of marketing orders authorized; notice; public hearing; record; reports from handlers; compilation of lists of producers and handlers; use of information in reports. Recommendation of marketing orders or amendments by commission; authorized provisions. Approval by producers prerequisite to issuance of marketing order or major amendment; notice; rules and regulations; expiration; extensions; referendum.

Annotations

Cross references. - Promotion of agricultural products, Ga. Const. 1983, Art. VII, Sec. III, Para. II.

Georgia Development Authority, T. 50, C. 10.

Administrative Rules and Regulations. - Agricultural Commodity Commissions, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Agriculture, Chapter 40-26.

JUDICIAL DECISIONS

Cited in Campbell v. Farmer, 223 Ga. 605, 157 S.E.2d 276 (1967).

OPINIONS OF THE ATTORNEY GENERAL

Powers and duties of commission governed by this chapter. - The creation, powers, and duties of any agricultural commodity commission are subject to the provisions of this chapter and are governed and controlled thereby. 1976 Op. Att'y Gen. No. 76-4.

Assessment program not authorized. - Absent a constitutional amendment, a program to assess testing of equines for equine infectious anemia cannot be established under the authority of O.C.G.A. T. 2, Ch. 8 or through amendment thereof. 1995 Op. Att'y Gen. No. 95-18.

RESEARCH REFERENCES

Am. Jur. 2d. - 3 Am. Jur. 2d, Agriculture, § 19 et seq.

C.J.S. - 3 C.J.S., Agriculture, §§ 51, 68 et seq., 185 et seq.

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ARTICLE 1 PURPOSE OF CHAPTER