GA - GAC
Rules and Regulations of the State of Georgia
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Subject 40-30-1 GENERAL PROVISIONS

Rule 40-30-1-.01 Definitions

The following words or terms shall have the meaning set forth herein when used in these rules and regulations.

(1) "Act" means the laws relating to Dealers in Agricultural Products, Article I of O.C.G.A. 2-9.
(2) The term "Commissioner" as used in these regulations means the Georgia Commissioner of Agriculture or his designated agent.
(3) The term "Director" shall mean the officer who has been lawfully commissioned, appointed and delegated the authority by the Commissioner to administer the Act.
(4) "Agricultural products" includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops.
(5) "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.
(6) "Producer" means any producer of agricultural products.

Rule 40-30-1-.02 Applicability of Rules

(1) These rules shall apply to any dealer in agricultural products who comes within the terms of the Act to engage in such business in the State of Georgia.
(2) These rules shall not apply to:
(a) Farmers or groups of farmers in the sale of agricultural products grown by themselves
(b) Persons who buy for cash, paying at the time of purchases in United States currency, certified check, cashier's check, electronic transfer of funds, wire transfer of fund, or the equivalent; or
(c) Holders of food sales establishment licenses issues pursuant to Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia, "Georgia Food Act," who conduct no business at the wholesale level and who have fewer than ten (10) employees.

Rule 40-30-1-.03 Record Keeping

Any and all ledgers, books of accounts, memoranda, and other documents which relate to dealer in agricultural products transactions shall be kept and made available for examination by the Commissioner at the place or places of business of the dealer in agricultural products applicant or licensee.