Voidability of Contracts by Contract Growers or Producers; Right and Notice of Cancellation

1. Law
2. Georgia Code
3. Agriculture
4. Poultry Contract Growers or Producers
5. Voidability of Contracts by Contract Growers or Producers; Right and Notice of Cancellation

1. Any production contract entered into, extended, renewed, or amended on or after July 1, 2004, shall be voidable by the contract grower or contract producer if:
   1. The contract grower or contract producer has not been afforded the opportunity to have the proposed production contract reviewed outside the business premises of the integrator or processor or its agents by an attorney or adviser of the contract grower's or contract producer's choosing for at least three business days prior to execution; provided, however, that this paragraph shall not apply to the mere extension or renewal of an existing contract with no change in material terms from the existing contract other than the period covered thereby;
   2. The contract does not quote the provisions of subsection (b) of this Code section; or
   3. The contract is not signed by all parties before chicks are placed with the contract grower or contract producer.
2. 1. Unless waived in writing by the contract grower or contract producer at the time of signing a production contract, the contract grower or contract producer shall have a right to cancel a production contract until 12:00 Midnight of the third business day after the day on which he or she signs the contract or until chicks have been placed with the contract grower or contract producer, whichever occurs first.
   2. Notice of cancellation under this subsection shall be given in writing to the integrator or processor at the place of business as set forth in the production contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted before termination of the right to cancel under paragraph (1) of this subsection. Notice of such written cancellation need not include any particular words or phrases to be effective so long as it indicates the intention of the contract grower or contract producer not to be bound by the production contract.

(Code 1981, §2-22-2, enacted by Ga. L. 2004, p. 688, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "July 1, 2004," was substituted for "the effective date of this chapter" in subsection (a).

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