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

O.C.G.A. § 2-8-23.1 (2019)

Limitations on assessments

✓ 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) No marketing order issued by the Agricultural Commodity Commission for Beef shall impose an assessment in excess of $1.00 per head on bovine animals sold, nor shall any assessment be placed on any bovine animal which sells for less than $100.00.

(b) The Agricultural Commodity Commission for Beef may in its discretion lower the assessment amount imposed by any marketing regulation duly issued under the authority provided by this article.

History

(Code 1981, § 2-8-23.1, enacted by Ga. L. 2013, p. 65, § 4/SB 97.)

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 regula-

membership; naming of chairperson; quorum. Use of outside resources; representation by Attorney General; acceptance of donations and gifts; property interests. Status of commission; oath of office. Funding obligations. Funds held in trust; accounting. Bonding requirements for those handling finances. No individual liability. Marketing orders; public hearings. Recommendation for promulgation of marketing order; prohibition against lobbying; administrative expenses; costs. Requirement for referendum; voters and voting rights; approval; record keeping; confidentiality. Opt out by dealers. Referendum vote on continuation of commission. Assessments as personal debt; cumulative nature of penalties. Civil penalty for violations. Actions brought by Attorney General; injunctions and specific performance; incurring and payment of costs. Attorney General or prosecuting attorney to bring actions; administrative hearings; response to finding violation. Falsification of reports, statements, or records; penalty. Regulatory authority.

tions. - 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 autho-

rized. - 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.

ARTICLE 1 PURPOSE OF CHAPTER