Georgia Code
Article 2 - Agricultural Commodity Commissions Generally
§ 2-8-21. Issuance of Marketing Orders Authorized; Notice; Public Hearing; Record; Reports From Handlers; Compilation of Lists of Producers and Handlers; Use of Information in Reports

History. Ga. L. 1961, p. 301, § 11; Ga. L. 1968, p. 398, § 4; Ga. L. 1969, p. 763, § 12; Code 1981, § 2-8-13 ; Code 1981, § 2-8-21 , as redesignated by Ga. L. 1989, p. 1420, § 1; Ga. L. 2021, p. 614, § 2/SB 247.
The 2021 amendment, effective July 1, 2021, in paragraph (b)(1), inserted “or she” and “or her” near the middle and inserted “either in person or wholly or partially by means of remote communication as determined by the Commissioner” near the end; in paragraph (b)(2), substituted “five days on the Commissioner’s website and in The Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment” for “five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe” at the end of the first sentence, deleted the former second sentence, which read: “No such public hearing shall be held prior to five days after the last day of such period of publication.”, and deleted the former last sentence, which read: “Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the ‘Georgia Administrative Procedure Act.’ ” substituted the present first sentence of paragraph (b)(3) for the former first sentence, which read: “The hearing shall be public and all testimony shall be received under oath.”; substituted “five days on the Commissioner’s website and in The Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment” for “five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the Commissioner or the commission may prescribe” at the end of the first sentence of paragraph (c)(2); and, in the first sentence of paragraph (c)(3), inserted “or her” and “frame”.
Code Commission notes.
Pursuant to Code Section 28-9-5 , in 1989, the reference to § 2-8-15 in paragraph (c)(4) was changed to § 2-8-23 .
Law reviews.
For article, “Agricultural Commodities Promotion,” see 30 Ga. St. U. L. Rev. 1 (2013).

Structure Georgia Code

Georgia Code

Title 2 - Agriculture

Chapter 8 - Agricultural Commodities Promotion

Article 2 - Agricultural Commodity Commissions Generally

§ 2-8-10. 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

§ 2-8-11. Definitions

§ 2-8-12. Commissioner to Administer and Enforce Article

§ 2-8-13. Ratification of Previously Established Commissions and Establishment of Additional Commissions; Contributions Deemed Voluntary; Balloting to Determine Continued Existence

§ 2-8-14. Composition; Appointments, Terms of Office, and Compensation; Certification; Advisory Boards, Special Committees, and Personnel; Legal Representation; Acceptance of Donations; Voting; Termination

§ 2-8-15. Public Corporations; Corporate Powers; Chairman; Quorum; Oath of Office; Certification of Appointments to Secretary of State

§ 2-8-16. Funds of Commissions — Receipt, Collection, and Disbursement

§ 2-8-17. Funds of Commissions — Treatment as Trust Funds

§ 2-8-18. Bonds of Persons Handling Funds

§ 2-8-19. Liability of Commission Members and Employees

§ 2-8-20. Cooperation With State and Federal Governmental Authorities

§ 2-8-21. Issuance of Marketing Orders Authorized; Notice; Public Hearing; Record; Reports From Handlers; Compilation of Lists of Producers and Handlers; Use of Information in Reports

§ 2-8-22. Recommendation of Marketing Orders or Amendments by Commission; Authorized Provisions

§ 2-8-23. Approval by Producers Prerequisite to Issuance of Marketing Order or Major Amendment; Notice; Rules and Regulations; Expiration; Extensions; Referendum

§ 2-8-23.1. Limitations on Assessments

§ 2-8-24. Area Marketing Orders Authorized

§ 2-8-25. Seasonal Marketing Regulations Authorized; Notice of Issuance; Liberal Interpretation of Code Section

§ 2-8-26. Applicability of Marketing Orders

§ 2-8-27. Assessments to Defray Expenses; Borrowing in Anticipation of Collections; Use and Repayment of Contributions in Lieu of Advance Deposits; Collection and Enforcement of Assessments Generally; Disposition and Investment of Proceeds; Audit

§ 2-8-28. Collection of Assessments by Civil Action; Penalty for Delinquent Payment

§ 2-8-29. Maintenance and Inspection of Books and Records and Provision of Information; Confidentiality of Information; Hearings, Testimony, and Subpoenas

§ 2-8-30. Use of Grade or Quality Designations by Persons Not Complying With Order or Regulations Prohibited

§ 2-8-31. Inspections; Holding of Commodity; Warning Notice; Notice of Noncompliance; Time for Correction of Deficiencies; Petition to Divert or Destroy; Show Cause Order; Disposition of Noncomplying Commodity; Penalty Provisions Not Waived by Dispos...

§ 2-8-32. Civil Penalties; Notice and Hearing; Recovery Procedure; Disposition of Proceeds

§ 2-8-33. Action for Civil Penalty or Injunctive Relief; Costs

§ 2-8-34. Referral for Institution of Legal Proceedings; Administrative Hearing; Cease and Desist Order

§ 2-8-35. Furnishing of False Report, Statement, Record, or Marketing Order; Refusal to Furnish Certain Information

§ 2-8-36. Criminal Penalty

§ 2-8-37. Penalties and Remedies Concurrent, Alternative, and Cumulative

§ 2-8-38. Applicability of Article to Retailers