Promulgation of Rules and Regulations by Commissioner

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Marketing Facilities, Organizations, and Programs
  5. Farmers' Markets
  6. Promulgation of Rules and Regulations by Commissioner

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The Commissioner is authorized to promulgate such rules and regulations as in his judgment may be necessary to conduct and operate farmers' markets properly and to implement this article. Such rules and regulations may include, but are not limited to, rules and regulations to:

  1. Establish procedures for the operation of farmers' markets;
  2. Provide for the maintenance of safety and order;
  3. Provide for health and sanitation;
  4. Establish grades and classes of agricultural products;
  5. Designate places on any market where agricultural products may be sold;
  6. Regulate or prohibit the sale of produce which is below specified grades or produce unfit for human consumption; and
  7. Regulate or prohibit the sale of any agricultural product which is below specified grades or unfit for human consumption.

(Ga. L. 1917, p. 77, § 4; Code 1933, § 5-205; Ga. L. 1935, p. 369, § 6; Ga. L. 1959, p. 242, § 3; Ga. L. 1976, p. 678, § 3; Ga. L. 1981, p. 1354, § 8.)

Cross references.

- Procedures for adoption of rules and regulations, T. 50, C. 13.

JUDICIAL DECISIONS

Cited in Wilder v. Irvin, 423 F. Supp. 639 (N.D. Ga. 1976).

OPINIONS OF THE ATTORNEY GENERAL

Municipal regulation.

- Business operated upon property of state farmers' market is exempted from municipal taxation and regulations of any kind except certain regulations as to police, fire, and health. 1954-56 Op. Att'y Gen. p. 494.

Commissioner not obliged to provide formal means of administrative appeal.

- The Commissioner has neither a statutory nor a constitutional obligation to provide a formal means of administratively appealing a decision to bar a party from a state-owned and regulated farmers' market. 1965-66 Op. Att'y Gen. No. 66-217.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agriculture, § 35 et seq.

C.J.S.

- 3 C.J.S., Agriculture, §§ 2 et seq., 165.


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