Definitions

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Dealers in Agricultural Products
  5. General Provisions
  6. Definitions

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As used in this article, the term:

  1. "Agricultural products" includes fruits, vegetables, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops.
  2. "Dealer in agricultural products" means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term "dealer in agricultural products" also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts.
  3. "Net return basis" means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made "at the market price," "at net worth," and on similar terms indicating that the buyer is the final arbiter of the price to be paid.
  4. "On consignment" means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner.
  5. "Producer" means any producer of agricultural products.

(Ga. L. 1956, p. 617, § 1; Ga. L. 1957, p. 7, § 1; Ga. L. 1962, p. 127, § 1; Ga. L. 1962, p. 636, § 1; Ga. L. 1978, p. 1450, § 1; Ga. L. 1991, p. 1053, § 1; Ga. L. 1992, p. 2149, § 1; Ga. L. 1999, p. 800, § 1; Ga. L. 2000, p. 1510, § 1; Ga. L. 2013, p. 797, § 1/HB 268.)

OPINIONS OF THE ATTORNEY GENERAL

Section inapplicable to sale of baby chicks.

- The sale of baby chicks by those persons engaged therein is not subject to this section. 1958-59 Op. Att'y Gen. p. 3.

Lumber is not an "agricultural product" within the meaning of the Georgia State Warehouse Act. 1958-59 Op. Att'y Gen. p. 12.

Nursery products are not "agricultural products."

- Nursery products such as ornamental garden shrubs, are not "agricultural products." 1969 Op. Att'y Gen. No. 69-407.

RESEARCH REFERENCES

ALR.

- State statute in relation to inspection and grading of grain as unlawful burden on interstate commerce, 19 A.L.R. 164.

Validity of discrimination in license statute or ordinance in favor of farmers selling their own products and against other persons dealing in farm products, 123 A.L.R. 1051.


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