Any person who violates any provision of this article or any marketing order duly issued by any commission and in effect under this article or who violates any rule or regulation issued by the Commissioner pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to such commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for contested cases and recoverable by a civil action brought in the name of the Commissioner for the use and benefit of the affected commission or by execution issued in like manner as for assessments provided by Code Section 2-8-27. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-27 as are other moneys.
History. Ga. L. 1961, p. 301, § 18; Ga. L. 1968, p. 398, § 12; Ga. L. 1969, p. 763, § 19; Code 1981, § 2-8-24 ; Code 1981, § 2-8-32 , as redesignated by Ga. L. 1989, p. 1420, § 1.
Structure Georgia Code
Chapter 8 - Agricultural Commodities Promotion
Article 2 - Agricultural Commodity Commissions Generally
§ 2-8-12. Commissioner to Administer and Enforce Article
§ 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
§ 2-8-22. Recommendation of Marketing Orders or Amendments by Commission; Authorized Provisions
§ 2-8-23.1. Limitations on Assessments
§ 2-8-24. Area Marketing Orders Authorized
§ 2-8-26. Applicability of Marketing Orders
§ 2-8-28. Collection of Assessments by Civil Action; Penalty for Delinquent Payment
§ 2-8-32. Civil Penalties; Notice and Hearing; Recovery Procedure; Disposition of Proceeds
§ 2-8-33. Action for Civil Penalty or Injunctive Relief; Costs
§ 2-8-37. Penalties and Remedies Concurrent, Alternative, and Cumulative