Rules and Regulations of the State of Georgia
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Subject 40-8-1 GENERAL

Rule 40-8-1-.01 Definitions

Except as otherwise specifically provided, when used in this chapter:

(a) The term "advertisement" when appearing alone refers to both classified notices and display advertisements unless otherwise restricted.
(b) The term "Bulletin" refers to the Farmers and Consumers Market Bulletin.
(c) The term "business" means an association, corporation, partnership, or other entity which engages in trade or commercial transactions. Under these rules, the term business does not apply to traditional farming operations.
(d) The term "category" means a division or class of advertisements or notices of similar import grouped together by the Editor for organizational purposes.
(e) The term "classified notice" means a wanted or for sale advertisement submitted to the Bulletin staff for publication by a person for his or her benefit.
(f) The term "display advertisement" means an advertisement placed alongside the Bulletin's editorial and classified content in exchange for the advertiser's contribution to the Bulletin. Display advertisements must promote goods or services benefitting or relating to the agricultural industry. Under these rules, the term display advertisement does not include classified notices.
(g) The term "Commissioner" refers to the Georgia Commissioner of Agriculture.
(h) The term "Department" refers to the Georgia Department of Agriculture.
(i) The term "Editor" refers to the individual designated by the Commissioner to administer the Bulletin's operation. The Editor receives, collects, edits, and arranges materials authorized for publication; maintains circulation lists; and arranges for the Bulletin's printing and circulation.
(j) The term "including" means including but not limited to, unless the context requires otherwise.
(k) The term "livestock" means animals kept in the agricultural industry for labor assistance or commodity production. This term includes cattle; swine; equines; sheep; poultry; goats; and non-traditional livestock, e.g., alpacas, antelope, bison, elk, llamas, and water buffalo.
(l) The term "person" carries its natural and usual meaning. Under these rules, the term does not include artificial beings, such as corporations and partnerships.
(m) The term "pets" means animals kept in a domestic setting for companionship or pleasure, e.g., dogs, cats, birds, rabbits, fish, and reptiles.

Rule 40-8-1-.02 Publication of Periodical

The Farmers and Consumers Market Bulletin is a periodical published by the Georgia Department of Agriculture as a service to its subscribers. Through publishing the Bulletin, the Department seeks to inform subscribers of Department activities and industry issues; the Department also seeks to provide a means of buying and selling items relating to the agricultural industry.

Rule 40-8-1-.03 Editor's Authority

The Commissioner designates the Editor as the final authority for all editorial decisions, including:

(a) The decision to promulgate advertising guidelines not in conflict with these rules;
(b) The decision to contract with agricultural businesses or organizations for the placement of display advertisements alongside the Bulletin's editorial and classified content in exchange for contributions to the Bulletin by the advertisers;
(c) The decision to allocate the maximum number of words allowed in the classified notices of any particular category in each issue, and the decision to edit any notices exceeding the maximum number of words allocated;
(d) The decision to designate certain issues for emphasis on a particular category or group of categories, including the decision to add or delete certain categories or groups of categories from certain issues;
(e) The decision to include articles or announcements of interest to the agricultural industry;
(f) The decision to refuse publication of classified notices and display advertisements that fail to conform to these rules or guidelines promulgated under these rules, that violate other Departmental rules, that violate Georgia or Federal law, or that are submitted by any person who has unresolved complaints or numerous complaints filed regarding previous notices; and
(g) The decision to set publication deadlines.

Rule 40-8-1-.04 Responsibility

In striving to assure that advertisers are honest and fulfill their obligations, the Department may refuse to publish advertisements in the Bulletin from advertisers who do not, in the Editor's opinion, use fair and ethical business practices in their transactions with the public. The Department may also refuse to publish advertisements which include profanity or material deemed inappropriate by the Editor.

The Commissioner, Department, and Editor will not accept responsibility for any advertisements or errors appearing in the Bulletin; nor will they assure the quality or fitness for purpose of the services or goods advertised in the Bulletin.

All advertisers must comply with all applicable federal, state, and local laws, rules, and regulations relating to the sale or use of their advertised services or goods. The advertisers are solely responsible for ensuring this compliance.

Rule 40-8-1-.05 Repealed

Rule 40-8-1-.06 Repealed

Rule 40-8-1-.07 Repealed

Rule 40-8-1-.08 Repealed