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O.C.G.A. § 26-2-312 — Wholesale fish dealers' licenses | Georgia Code
O.C.G.A. § 26-2-312 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 2. Standards, Labeling, and Adulteration of Food, 26-2-1 through 26-2-441.

ARTICLE 10 FISH AND OTHER SEAFOODS

26-2-312. Wholesale fish dealers' licenses.

  1. No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1. The annual license fee applicable to and required of wholesale fish dealers shall be as follows:
    1. The annual license fee for each resident wholesale fish dealer shall be $60.00 for each place of business, fixed or movable; and
    2. The annual license fee for each nonresident or alien wholesale fish dealer shall be $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state.
  2. Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article.
  3. A resident who produces the fish and other seafood he or she sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section.

(Ga. L. 1937-38, Ex. Sess., p. 332, § 5; Ga. L. 1939, p. 316, § 1; Ga. L. 1945, p. 315, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 521, § 2; Ga. L. 1987, p. 908, § 1; Ga. L. 2002, p. 819, § 1; Ga. L. 2010, p. 9, § 1-58/HB 1055; Ga. L. 2011, p. 752, § 26/HB 142.)

Cross references.

- Commercial fishing and fish dealing generally, § 27-4-70 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Commercial fishermen licensed by the Game and Fish Commission are not required to obtain wholesale fish dealer's license to sell their catch. 1954-56 Op. Att'y Gen. p. 554.

Veteran's certificate of exemption does not apply to the regulatory fee imposed on wholesale fish dealers. 1945-47 Op. Att'y Gen. p. 484.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 43, 51. 35A Am. Jur. 2d, Food, § 11.

C.J.S.

- 36A C.J.S., Food, § 17.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.