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O.C.G.A. § 4-6-52 — Special sales | Georgia Code
O.C.G.A. § 4-6-52 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 4 ANIMALS

Section 6. Livestock Dealers and Auctions, 4-6-1 through 4-6-55.

ARTICLE 3 LIVESTOCK AUCTIONS

4-6-52. Special sales.

  1. As used in this Code section, "special sale" means any livestock sale, except a regular sale at an establishment and any sale by a farmer of livestock owned by the farmer, with payment made directly to the farmer.
  2. The Commissioner is authorized to prescribe rules and regulations for the operation of special sales. No person shall hold a special sale without obtaining a permit therefor from the Commissioner or his or her duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit has procured a surety in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, that such surety shall be not less than $10,000.00 and not more than $150,000.00.
  3. Associations holding sales of animals consigned by members of the association only shall not be required to procure a surety if the directors of the association accept full responsibility for financial obligations of sale and release the Commissioner, in writing, from any responsibility.
  4. Georgia 4-H clubs and Georgia Future Farmers of America chapters shall not be required to procure a surety.

(Ga. L. 1959, p. 296, § 6; Ga. L. 1978, p. 1467, § 1; Ga. L. 1982, p. 1804, § 5; Ga. L. 1983, p. 1161, § 1; Ga. L. 1998, p. 218, § 1; Ga. L. 2017, p. 129, § 13/HB 49.)

The 2017 amendment, effective July 1, 2017, in subsection (b), in the second sentence, inserted "or her" near the middle, substituted "has procured a surety" for "is bonded" in the middle, substituted "that such surety" for "such bond" near the end, and deleted "in amount" following "$150,000.00" at the end; substituted "surety" for "bond" in subsections (c) and (d); redesignated former subsection (c.1) as present subsection (d); and deleted former subsection (d), which read: "Any person who violates this Code section shall be guilty of a misdemeanor".

Administrative Rules and Regulations.

- Special sales, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Agriculture, Chapter 40-13-5.

RESEARCH REFERENCES

Misrepresentation in Sale of Animal, 35 POF2d 607.

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This Georgia Code resource is curated by Graham W. 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.