Authority of Commissioner to Provide for Safety and Security at Farmers' Markets; Police Powers

1. Law
2. Georgia Code
3. Agriculture
4. Marketing Facilities, Organizations, and Programs
5. Farmers' Markets
6. Authority of Commissioner to Provide for Safety and Security at Farmers' Markets; Police Powers

1. The Commissioner is authorized to provide for safety and security at the farmers' markets and to make such rules and regulations as are necessary for this purpose. The Commissioner is vested with police powers to enforce this article, rules and regulations promulgated pursuant to this article, and all state laws that govern and control farmers' markets.
2. 1. The Commissioner is authorized to employ, designate, deputize, and delegate to employees of the department the authority to exercise the police powers provided under subsection (a) of this Code section at the Atlanta State Farmers' Market in Forest Park. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," are authorized to:
      1. Carry firearms authorized or issued by the Commissioner while in the performance of their duties;
      2. Exercise arrest powers;
      3. Enforce the law and order at the farmers' market;
      4. Order and escort off of the farmers' market those persons who are in trespass and remain in trespass by selling produce or other products without a current license or who are otherwise in violation of this article or rules and regulations promulgated pursuant to this article;
      5. Serve and execute warrants;
      6. Authorize to be towed vehicles that;
         1. Park in designated fire lanes; or
         2. Are not properly licensed under state law or the law of the state of registration and remain parked on the farmers' market without authorization; and
      7. Enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by persons who hold or have applied for licenses under this article for the purpose of determining compliance with the provisions of this article and other laws the administration or enforcement of which is the responsibility of the Commissioner.
   2. From funds appropriated or available to the department, the Commissioner is authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this subsection.
3. This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce the laws of this state on the premises of farmers' markets. At the request of the Commissioner, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this article.

(Ga. L. 1976, p. 678, § 3; Ga. L. 1981, p. 1354, § 9; Ga. L. 2006, p. 899, § 1/HB 1404.)

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 3 C.J.S., Agriculture, §§ 25 et seq., 165.

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