Chapter 49-1 MARKETING ORDER FOR APPLES
Apples.
The entire State of Georgia.
| (4) |
Establishing grading standards of
quality, including a requirement that all apples offered for sale for the fresh
market be labeled to show the variety, grade and count or weight thereof and
that no apples be offered for sale for the fresh market in closed containers of
a grade less than U.S. No. 1 or better, (including U.S. Hail grade or
combination grades) as specified by the United States Standards for Apples. All
apples offered for sale shall be in bushel containers or less and comply with
the grade requirements, except that quantities of 50 bushels or less may be
offered for sale in bulk and provided they are of a grade of not less than U.S.
Utility and provided further that apples so sold may be packed in open
containers only. The Commission shall have the authority to lower the grade
requirement specified herein and shall have the authority to change the
provisions relative to the sale of apples in bulk. |
| (5) |
Establishing of surplus, stabilization,
or by-product pool or pools and to provide for the sale or disposition of
apples in any such pool or pools. |
| (6) |
To provide a means for the prohibition of
unfair trade practices, relating to misleading the buyer, purchaser or
consumer, and to contest any trade practices affecting the processing,
distribution or handling of apples. |
The extent of operation under the statutory authority shall be
as determined by the Commission within the limitations of the statutory
authority. The Commission shall have the right to determine the activities of
the Commission and the expenditure of funds under any one or all of the areas
permitted under the statutory authority.
The term of operation under this order shall be for three (3)
years beginning July 1, 1984 and ending June 30, 1987. The order may be
extended each three (3) years as provided by law.
| (1) |
The approval of
this Order shall be by written assent of the producers as authorized and
provided by Section 14(a), Ga. Laws 1961, p. 301 as amended. The approval by
producers shall be in an amount not less than 65 percent of the producers who
produce not less than 51 per cent of the total volume of production, or upon
the approval of not less than 51 per cent of the producers who produce not less
than 65 per cent of the total volume of production. |
| (2) |
The approval shall be determined by the
Commission upon the receipt of written assent of producers. |
| (3) |
The approval of members of non-profit
agricultural cooperative marketing associations (co-ops) may be had under the
provisions of Section 14(a), Ga. Laws 1961, p.301 as amended. |
Written assents or rejections shall be received by the
Commission during the period of July 5, 1962, through July 20, 1962, with the
authority of the Commission to declare this Order approved upon the receipt of
the requisite number of assents from producers who produce the requisite
percentage of apples, provided that the above period may be extended by the
Commission as authorized by law.
This Order shall apply to all commercial producers of apples.
For the purpose of this Rule, a commercial producer is a producer with an
acreage of five (5) or more acres in this State; or five hundred (500) or more
trees who produces apples for sale within and without the State, and in
addition thereto, the provisions of this Order, relating to grading, selling
and marketing of apples, shall be applicable to all apples sold in this
State.
| (1) |
Projects,
undertakings and expenses incurred under this Order shall be financed by an
assessment and levy of two (2) cents per bushel on all apples produced in this
State for sale. The assessment and levy shall be against the producer of
apples. Upon the approval of the requisite number of producers and effective as
of July 1, 1978, a levy and assessment of two (2) cents per bushel on all
apples produced in this State and marketed within and without this State is
hereby made. Such levy shall continue of force and effect until this Order is
suspended or superseded as provided by law and during the time this Order
remains of force and effect. |
| (2) |
To
the end that the Commission shall have such funds to defray expenses pending
the collection of such funds under the levy and assessment herein provided, the
Commission shall be authorized to borrow money and hypothecate anticipated
collections as authorized under Section 17 (e) of the "Georgia Agricultural
Commodities Promotion Act," (Georgia Law 1969, p. 763, et seq., as
amended). |
| (1) |
The levy and
assessment provided by this Order shall be collected from producers. As an aid
in such collections, handlers, distributors and others purchasing apples from
producers, other than retail outlets, shall deduct the amount of such levy and
assessment during each pay period and remit the same to the Commissioner of
Agriculture for the account of the producer. |
| (2) |
The Commissioner is authorized in the
collection of funds to adopt and utilize a reporting and auditing method of
collecting the levy and assessment provided herein. |
The Commissioner of Agriculture shall administer and enforce
the provisions of this Order, particularly as to the collection of levies and
assessments.
The Commissioner is hereby authorized to expend funds of the
Commission as it deems necessary to defray the costs and expenses incurred
under this Order. The Commission is further authorized to expend funds to
defray the actual costs and expenses of the Commission, including employees,
special committees, advisory boards and individuals to aid, advise and assist
the Commission in the performance of its duties.
The Commission may enter into contracts as it deems necessary
and advisable in the performance of its duties under the provisions of this
Order, as the Commission shall deem necessary and proper.
It shall be the duty and responsibility of each affected person
or handler to keep adequate records to reflect the true amount of apples
produced, sold or purchased by him, and to make such records available for
inspection and audit by the Commission and the Commissioner.
