Ratification of Previously Established Commissions and Establishment of Additional Commissions; Contributions Deemed Voluntary; Balloting to Determine Continued Existence

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Agricultural Commodities Promotion
  5. Agricultural Commodity Commissions Generally
  6. Ratification of Previously Established Commissions and Establishment of Additional Commissions; Contributions Deemed Voluntary; Balloting to Determine Continued Existence

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    1. Each of the following commissions heretofore established pursuant to the "Georgia Agricultural Commodities Promotion Act," (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date:
      1. The Agricultural Commodity Commission for Milk established July 1, 1961;
      2. The Agricultural Commodity Commission for Eggs established July 1, 1961;
      3. The Agricultural Commodity Commission for Peanuts established August 1, 1961;
      4. The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961;
      5. The Agricultural Commodity Commission for Peaches established May 1, 1962;
      6. The Agricultural Commodity Commission for Tobacco established July 1, 1962;
      7. The Agricultural Commodity Commission for Apples established August 1, 1962; and
      8. The Agricultural Commodity Commission for Cotton established August 1, 1965.
    2. Each of the following entities that were formed de facto to act as commodity commissions upon presentation by the producers of the affected agricultural commodity of a list of nominees for appointment and on which ex officio members elected by the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee served is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date:
      1. The Agricultural Commodity Commission for Soybeans established September 1, 1971;
      2. The Agricultural Commodity Commission for Canola established June 24, 1994;
      3. The Agricultural Commodity Commission for Pecans established June 24, 1994;
      4. The Agricultural Commodity Commission for Corn established March 24, 1995; and
      5. The Agricultural Commodity Commission for Vegetables established June 19, 2006.
    3. There shall be an Agricultural Commodity Commission for Blueberries established on May 12, 2008.
    4. There shall be an Agricultural Commodity Commission for Ornamental Plants established on May 1, 2009. For purposes of this paragraph, the term "ornamental plants" means any plants grown in commercial nurseries for sale as live plants for use primarily in ornamental or landscape plantings; such term shall not include turf production or plants grown in nurseries for other agricultural, horticultural, or silvicultural use.
    5. There shall be an Agricultural Commodity Commission for Beef established on April 17, 2013. For purposes of this paragraph, the term "beef" means any bovine animal.
    6. There shall be an Agricultural Commodity Commission for Wine and Grapes established on September 1, 2020.
    1. All actions taken by each of the commissions enumerated in paragraph (1) of subsection (a) of this Code section prior to July 1, 1969, pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified; and all funds received by each of the commissions after the effective date shown opposite its name and prior to July 1, 1969, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended.
    2. All actions taken by each of the commissions enumerated in paragraph (2) of subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of Ga. L. 1969, p. 763, as amended, or this article are ratified; and all funds received by each of the commissions on or after the effective date shown opposite its name and prior to May 11, 2007, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after May 11, 2007, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to May 11, 2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as amended, or this article.
    1. Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article.
    2. Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article.
    3. Prior to April 30, 2010, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (3) of subsection (a) of this Code section shall continue to exist and operate under this article.
    4. Prior to April 30, 2011, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (4) of subsection (a) of this Code section shall continue to exist and operate under this article.
    5. Prior to December 31, 2015, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (5) of subsection (a) of this Code section shall continue to exist and operate under this article.
    6. Prior to December 31, 2023, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (6) of subsection (a) of this Code section shall continue to exist and operate under this article.

(Ga. L. 1968, p. 398, § 2; Ga. L. 1969, p. 763, § 8; Code 1981, §2-8-5; Code 1981, §2-8-13, as redesignated by Ga. L. 1989, p. 1420, § 1; Ga. L. 2007, p. 75, § 1/SB 165; Ga. L. 2008, p. 311, § 1/HB 649; Ga. L. 2009, p. 446, §§ 4, 5/SB 152; Ga. L. 2013, p. 65, §§ 1, 2/SB 97; Ga. L. 2020, p. 611, § 2/HB 1093.)

The 2020 amendment, effective August 3, 2020, added paragraphs (a)(6) and (c)(6).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, in paragraph (b)(2), "May 11, 2007," was substituted for "the effective date of this paragraph" three times, and "May 11, 2007" for "the effective date of this paragraph" once.

Pursuant to Code Section 28-9-5, in 2008, "May 12, 2008" was substituted for "the effective date of this paragraph" at the end of paragraph (a)(3).

Pursuant to Code Section 28-9-5, in 2009, "May 1, 2009" was substituted for "the effective date of the paragraph" in paragraph (a)(4).

Pursuant to Code Section 28-9-5, in 2013, "on April 17, 2013" was substituted for "on the effective date of this paragraph" in paragraph (a)(5).

Editor's notes.

- Ga. L. 1961, p. 301, as amended, referred to in this Code section, was repealed by Ga. L. 1969, p. 763, § 1, which enacted this article.

OPINIONS OF THE ATTORNEY GENERAL

Powers and duties of commission governed by this chapter.

- The creation, powers, and duties of any agricultural commodity commission are subject to the provisions of this chapter and are governed and controlled thereby. 1976 Op. Att'y Gen. No. 76-4.

Who may vote in referendum.

- The only persons who may vote in a commodity commission continuation referendum are those persons undertaking physical activities of producing or causing the appropriate commodity to be produced for market. 1982 Op. Att'y Gen. No. U82-23.

This chapter contains no requirement that a "producer," to be eligible to vote in a referendum, must have produced in year prior to balloting. 1982 Op. Att'y Gen. No. U82-23.

Commissions permitted to participate in employee's insurance and pension plans.

- In fixing the compensation for services of employees, the commissions may participate in or provide health insurance and pension plan coverage for their employees. 1972 Op. Att'y Gen. No. 72-78.

"Producer" is party responsible for assessments levied by commission. 1976 Op. Att'y Gen. No. 76-4.

"Producer" is also the individual to whom voting rights in the commission referenda must devolve. 1976 Op. Att'y Gen. No. 76-4.


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