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2018 Georgia Code 2-9-1 | Car Wreck Lawyer

TITLE 2 AGRICULTURE

Section 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.

ARTICLE 1 GENERAL PROVISIONS

2-9-1. Definitions.

As used in this article, the term:

  1. "Agricultural products" includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops.
  2. "Dealer in agricultural products" means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term "dealer in agricultural products" also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts.
  3. "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made "at the market price," "at net worth," and on similar terms indicating that the buyer is the final arbiter of the price to be paid.
  4. "On consignment" means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner.
  5. "Producer" means any producer of agricultural products.

(Ga. L. 1956, p. 617, § 1; Ga. L. 1957, p. 7, § 1; Ga. L. 1962, p. 127, § 1; Ga. L. 1962, p. 636, § 1; Ga. L. 1978, p. 1450, § 1; Ga. L. 1991, p. 1053, § 1; Ga. L. 1992, p. 2149, § 1; Ga. L. 1999, p. 800, § 1; Ga. L. 2000, p. 1510, § 1; Ga. L. 2013, p. 797, § 1/HB 268.)

Cross references.

- Pecan dealers and processors generally, T. 43, C. 31.

OPINIONS OF THE ATTORNEY GENERAL

Section inapplicable to sale of baby chicks.

- The sale of baby chicks by those persons engaged therein is not subject to this section. 1958-59 Op. Att'y Gen. p. 3.

Lumber is not an "agricultural product" within the meaning of the Georgia State Warehouse Act. 1958-59 Op. Att'y Gen. p. 12.

Nursery products are not "agricultural products."

- Nursery products such as ornamental garden shrubs, are not "agricultural products." 1969 Op. Att'y Gen. No. 69-407.

RESEARCH REFERENCES

ALR.

- State statute in relation to inspection and grading of grain as unlawful burden on interstate commerce, 19 A.L.R. 164.

Validity of discrimination in license statute or ordinance in favor of farmers selling their own products and against other persons dealing in farm products, 123 A.L.R. 1051.

Cases Citing Georgia Code 2-9-1 From Courtlistener.com

Total Results: 4

Mosley v. Lowe

Court: Supreme Court of Georgia | Date Filed: 2016-01-19

Citation: 298 Ga. 363, 782 S.E.2d 43, 2016 Ga. LEXIS 78

Snippet: July 1, 2013. Ga. L. 2012, pp. 899, 930, 949, §§ 6-2, 9-1 (c). Under the current law, the concept of “restriction

State v. Outen

Court: Supreme Court of Georgia | Date Filed: 2014-10-20

Citation: 296 Ga. 40, 764 S.E.2d 848, 2014 Ga. LEXIS 812

Snippet: appeal procedures. See Ga. L. 2012, p. 899, §§ 1-2, 9-1 (a) (codified as OCGA § 5-7-2 (b) (2) (effective

Albany Surgical, P.C. v. Georgia Department of Community Health

Court: Supreme Court of Georgia | Date Filed: 2004-09-13

Citation: 278 Ga. 366, 602 S.E.2d 648, 2004 Fulton County D. Rep. 2937, 2004 Ga. LEXIS 627

Snippet: R. & Regs. Rules 272-2-.01 (19) (h) 3 and 272-2-.09 (1) (b) 10, which provide that an ambulatory surgery

North Fulton Medical Center, Inc. v. Stephenson

Court: Supreme Court of Georgia | Date Filed: 1998-05-26

Citation: 501 S.E.2d 798, 269 Ga. 540

Snippet: is exempt from the requirements of OCRR § 272-2-.09(1) through (19).[5] These exempted regulations include