GA - GAC
Rules and Regulations of the State of Georgia
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Subject 40-18-2 LICENSING LEAF TOBACCO DEALERS

Rule 40-18-2-.01 Definitions

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

(a) Tobacco Dealer: Any person, firm or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed herein-under shall be deemed to be a tobacco dealer. Any person, firm or corporation purchasing tobacco from producers other than at auction sales shall be deemed to be a non-auction tobacco dealer.

Rule 40-18-2-.02 Licensing

(1) It shall be unlawful for any person, firm or corporation to engage in the business of a tobacco dealer or a non-auction tobacco dealer without first having secured a license therefore from the Commission of Agriculture of the State of Georgia. The license shall be applied for on a form furnished by the Commissioner. The form shall require the following information:
(a) Name in which business is conducted;
(b) Business mailing address;
(c) Is business owned by one person, a partnership or corporation?;
(d) Full names, titles and address of owner, partners and officers.
(e) Is application for a renewal or new license? If application is for a renewal of a non-auction tobacco dealer's license or if the applicant purchased tobacco from producers other than at auction during the previous marketing year, the amount purchased at non-auction sales from producers during such period;
(f) If a renewal, give year and license number for year your last license was issued;
(g) Give name of your legal agent for service authorized to represent you in Georgia. In the event no agent is designated for service, the Secretary of State by virtue of your application for license is designated as your agent for service of process;
(h) List of names and addresses of all persons to be certified with the Georgia Department of Agriculture to purchase tobacco on the Georgia flue-cured tobacco auction markets as your representative or agent. Additional persons may be certified upon the written request of the licensee to the Commissioner. In the event any person issued a certificate by the Commissioner becomes disassociated with the licensee during the license period, their certificate shall be returned to the Commissioner.
(2) There shall be no charge for Auction Tobacco Dealer's licenses, which shall be issued on an annual basis. (2.1) License fees for Non-Auction Tobacco Dealer licenses shall be $150.00 on an annual basis. Bond requirements for such dealers shall be as provided for in O.C.G.A. Section 10-4-115(b).
(3) All authorized representatives or agents of a licensed tobacco dealer acting in the capacity of a tobacco dealer must be properly identified by a certificate issued by the Commissioner giving the names and identity of the licensed tobacco dealer they represent. Such authorized representative or agent shall be required to meet the standards as set forth in this rule and regulation as if he were the licensed tobacco dealer. The actions of any authorized representative or agent of a licensed tobacco dealer shall be deemed the actions of the licensed tobacco dealer, and the dealer shall be responsible and accountable for the actions of said authorized representative or agent.
(4) Persons licensed as non-auction tobacco dealer can act only for themselves and are not authorized to name representatives or agents to act in their behalf in the purchase of non-auction tobacco from producers.

Rule 40-18-2-.03 Records and Reports

Licensed tobacco dealers shall be required to keep records containing the following information:

(a) The weekly total of tobacco purchased at flue-cured leaf tobacco auction sales establishments licensed hereunder;
(b) The weekly total of tobacco purchased at non-auction sales:
1. From other dealers giving name, address, dealer number assigned by USDA-ASCS, and pounds purchased from each dealer;
2. From producer giving name, address, county, pounds purchased, and Farm Serial Number for each producer;
3. On non-auction tobacco purchases from producers, did you collect Georgia Agricultural Commodity Commission for tobacco assessment as required by Ga. Laws 1969, p. 763, as amended.
(c) The weekly total of sales of tobacco purchased at non-auction by the licensee listed by name, address and amount sold to each person, firm or corporation. At the end of each marketing year, licensed non-auction tobacco dealers shall submit a final report to the Commissioner showing the sales record of all tobacco purchased at non-auction sales by the licensee including the name and address of each person, firm or corporation purchasing such tobacco for that marketing year. Any such tobacco remaining unsold and still in the possession of the licensee shall be included in this report;
(d) The information contained in subsections (a), (b) and (c) above shall be submitted in a weekly report to the Commissioner on a form furnished by the Department. On or before Friday of each week, the licensee shall make a statement under oath that the information contained in the report is correct and covers all leaf tobacco purchased by him during the preceding week. Information furnished relative to subsection (a) above shall be for the use of the Georgia Department of Agriculture only and shall not be considered subject to inspection by the public.

Rule 40-18-2-.04 Penalties

The Commissioner may refuse, suspend or revoke any license issued to a tobacco dealer upon a showing of violation of any provision of this act or any rule or regulation promulgated and adopted pursuant to this act.

Rule 40-18-2-.05 Duties of Flue-Cured Leaf Tobacco Auction Warehouse Operators

It shall be the duty of each duly licensed operator of a flue-cured leaf tobacco auction sales establishment to ascertain that all purchasers of leaf tobacco in his auction warehouses are duly licensed with the Commissioner as provided for in this act.

Rule 40-18-2-.06 Penalties for Flue-Cured Leaf Tobacco Auction Warehouse Operators

The Commissioner may refuse, suspend or revoke any license issued to such leaf tobacco auction sales establishment operator who permits an unlicensed tobacco dealer to purchase tobacco in his sales establishment.

Rule 40-18-2-.07 Grading of Tobacco

(1) In auction sales of flue-cured tobacco, warehouse operators shall collect or pay applicable grading fees and remit directly to the United States Department of Agriculture (USDA) for service, or to whom the USDA directs. In non-auction sales of flue-cured tobacco, receiving station operators shall collect or pay applicable grading fees and remit to the Georgia Department of Agriculture (Department) or to whom the Department directs. In the event that the USDA certifies in writing to the Georgia Commissioner of Agriculture that its graders are not available, the Georgia Federal-State Shipping Point Inspection Service, Inc. is authorized to provide such service.
(2) Grading must occur at the point of delivery and/or sale and follow established USDA guidelines for the grading of flue-cured tobacco. Warehouse and receiving station operators must provide accurate information regarding dates and hours of operation and locations of sales or delivery points to grading personnel before any sales, purchasing, or delivery takes place.