Subject 40-18-3 LICENSING LEAF TOBACCO STORAGE OPERATORS
The following words or terms shall have the meaning set forth herein when used in these rules and regulations.
|(a)||Operator: Any person, firm, partnership, or corporation engaged in the receipt for storage and/or storage of tobacco unsold in the year of production until the subsequent selling season for sale in that season.|
|(b)||Producer: Any flue-cured tobacco grower who has tobacco in excess of his current marketing quota which will be eligible for sale during the subsequent selling season.|
|(c)||Carry-over tobacco: Any tobacco unsold in the year of its production and held, for whatever reason, in storage until the subsequent selling season for sale in that season.|
No person real or corporate shall operate a service for receiving within this State flue-cured tobacco for the purpose of weighing, redrying and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. 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 addresses of owner, partners and officers.|
|(e)||Is application for a renewal or new license?|
|(f)||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 for service.|
As a prerequisite to the issuance of a license under this Act, each applicant shall furnish evidence to the Commissioner that there is in force an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended coverage provisions, for its full market value, upon the best terms obtainable by individual or reporting form blanket policies on the carry-over tobacco to be received for storage and/or stored by him in the year for which license is sought, either provided by the applicant or the actual storer of the tobacco. The insurance policy shall be written by an insurance company, of the applicants choice, authorized to transact business in this State or in the state where the tobacco is stored. Such insurance policy shall be effective for the entire storage period and shall be approved in form by the State Insurance Commissioner. A copy of the insurance policy shall be filed with the Director of Warehouse Division of the State Department of Agriculture.
As a prerequisite to the issuance of a license under this Act, each applicant shall furnish evidence to the Commissioner that he has in force for the year for which the license is sought a bond issued by a corporate entity authorized to do business in this State in the penal sum of $10,000.00. The bond shall be conditioned upon the licensee performing all the duties imposed upon him by law and the accounting for the proceeds of all carryover flue-cured tobacco received by him for storage and sale.
The maximum charges and expenses to be maintained by operators under this Act receiving tobacco to be stored until sold in the subsequent selling season shall not exceed five cents ($.05) per pound for services rendered, if sold on a green weight basis. If sold on a dry weight basis, the charges may also include the actual cost of redrying as leaves or strips and shipping charges. If the contract between the operator and the producer contains a minimum price below which the tobacco may not be sold including five cents ($.05) per pound service charge and the actual sale price is in excess of this minimum amount then the operator shall return to the producer not less than 50% of the additional amount received less any additional cost for processing and shipping.
The operators licensed pursuant to this Act shall be required to keep records containing the following information:
|(a)||The number of pounds of carry-over tobacco received by him for storage until the next selling season, identifying the amount from each producer.|
|(b)||The final disposition of the tobacco, whether redeemed by the producer or sold by the operator for the producer at the subsequent selling season.|
|(c)||To accurately show the origin and disposition of the carryover tobacco. Each operator shall transmit this information to the Commissioner, in such reports as may be prescribed by him.|
|(d)||The operator shall submit to the Commissioner a copy of all reports he is required by law or regulation to submit to the United States Department of Agriculture/Agricultural Stabilization Conservation Service.|
|(e)||Each operator shall render to each producer submitting carry-over tobacco for storage at the time of receipt of the tobacco, a statement of the amount of tobacco tendered giving the United States Department of Agriculture/Agricultural Marketing Service grade for each individual sheet of tobacco and the amount to be charged for servicing that tobacco other than actual cost of redrying as leaves or strips and shipping charges. The cost of such grading services shall be borne by the producers.|
|(f)||The tendering of carry-over tobacco by producers to operators to be stored until next selling season shall not be deemed a sale as of the time of such tender. The operator shall have sixty (60) days after the first day of the marketing year in which the tobacco becomes eligible for sale to sell the carry-over tobacco. It shall be the duty of the operator to immediately transmit to the producer a final settlement for the carry-over tobacco sold for him.|
It shall be the duty of each licensee to provide a certified public weigher for the weighing of carry-over tobacco at the time and place of receipt of such tobacco by operators for storage until the subsequent selling season, and it shall be unlawful for any person to weigh such tobacco who is not a certified public weigher.
The Commissioner is authorized to prescribe physical standards for buildings and premises used for the receipt and/or storage of Carry-over tobacco. Such standards shall be reasonably designed to insure the protection of producers and others from loss or damage to carry-over tobacco when received and/or held for storage until the subsequent selling season. The standards shall be such that in order to carry out the provisions of this Act to the end that any producer of carry-over tobacco being held for storage may be assured that the carry-over tobacco stored by him is maintained in as nearly the same status as practicable according to the grade, standard and condition as when stored. The Commissioner or his agent, is authorized to inspect the premises where the carry over tobacco is being stored as often as he shall deem necessary. Any condition of the storage building which presents a hazard to tobacco being stored shall be immediately abated and corrected, and such correction shall be subject to approval of an authorized representative of the Commissioner.
The Commissioner is authorized to revoke or suspend, for violation of any provision of this Act, any license issued hereunder after notice and hearing before the Commissioner. In addition to the remedies provided herein and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner is authorized to apply to the Superior Court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or an ex-partee restraining order restraining or enjoining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulation promulgated hereunder. Such injunction shall be issued without bond. Violation of any provision of this Act or any rule or regulations issued hereunder shall constitute a misdemeanor and shall be punishable as such.