Seed Development Commission - Powers and Duties Generally

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  5. Seed Development Commission - Powers and Duties Generally

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The commission shall have, in addition to any other powers conferred in this chapter, the following powers:

  1. To have a seal and to alter it at its pleasure;
  2. To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes;
  3. To appoint such additional officers, who need not be members of the commission, as the commission deems advisable; to employ such experts, agents, and employees as in its judgment may be necessary to carry on properly the business of the commission; to fix the compensation for such officers, experts, agents, and employees; and to promote and discharge them;
  4. To make such contracts and agreements as are legitimate and necessary for the purposes of this chapter and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted by this chapter;
  5. To exercise any power granted to private corporations which is not in conflict with the Constitution and laws of this state nor with other provisions of this chapter;
  6. To do and perform all things necessary or convenient to carry out the powers conferred upon the commission by this chapter;
  7. To promote scientific and educational objectives in connection with the production and distribution of foundation seed stocks;
  8. To cooperate and contract with the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia, the Department of Agriculture of this state, the United States Department of Agriculture, and any other agency of the state or federal government in making foundation seeds of superior varieties and hybrids available in adequate quantities, according to the requirements and needs of the farmers of this state;
  9. To receive and to be the agent for breeder's seed and other parent material distributed from the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia and other sources;
  10. To contract for the production and promotion of foundation seed from breeder's seed;
  11. To purchase, process, and resell breeder's and foundation seeds from contract growers, the United States Department of Agriculture, experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia, and other breeders or from other sources, as the commission may deem necessary;
  12. To use the net proceeds from the sale of seed for necessary buildings, equipment, supplies, and expenses, as directed by the commission;
  13. To solicit, receive, collect, and disburse dues, funds, pledges, and other subscriptions of value in connection with carrying out the purposes of this chapter;
  14. To receive real and personal property, either by gift, grant, devise, or will, and to hold and dispose of the same in carrying out the purposes of the commission; and
  15. To buy, sell, and trade in all the elements necessary for the successful administration of the purposes of the commission.

(Ga. L. 1959, p. 83, § 5; Ga. L. 1995, p. 10, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Overall intent and purpose of paragraph (8) of this section is to aid in the production and promotion of foundation seed from breeder seed. 1967 Op. Att'y Gen. No. 67-60.

Agent for experiment stations producing items other than breeder's seed or parent material.

- The commission is the exclusive agent for any breeder's seed or parent material distributed by the agricultural experiment stations. However, if the agricultural experiment stations are producing items other than breeder's seed or parent material, the present Act does not require that the commission be the agent. 1989 Op. Att'y Gen. No. 89-2.

Seed Commission as "handler" for purposes of Peanut Commission assessment.

- Inasmuch as the Seed Commission is a public corporation and state instrumentality which engages in the operation of selling peanuts which it has purchased from a producer, the commission is a "handler" to whom the Peanut Commission may look for payment of the assessment under Marketing Order 3. 1990 Op. Att'y Gen. No. 90-33.


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