Definitions

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As used in this article, the term:

  1. "Grain" means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, soybeans, clover, and grain sorghum. The term does not include grain which has been produced or packaged for purchase or distribution as seed.
  2. "Grain dealer" 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 grain purchased from the producer or his or her agent or representative, 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.
  3. "On consignment" means any receipt or sale of grain for the account of a person other than the seller in which the seller acts as the agent for the owner.
  4. "Producer" means any producer of grain.

(Ga. L. 1976, p. 512, § 1; Ga. L. 2013, p. 797, § 5/HB 268.)

OPINIONS OF THE ATTORNEY GENERAL

Warehouse license-holder required to acquire separate "grain dealer's" license.

- Individuals holding warehouse licenses issued pursuant to the Georgia State Warehousing Act, Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 1 et seq. (see now O.C.G.A. § 10-4-1 et seq.) and bonded in accordance therewith must acquire a separate "grain dealer's" license and surety bond if engaging in the activities of a "grain dealer." 1976 Op. Att'y Gen. No. 76-41.

RESEARCH REFERENCES

ALR.

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

Nature and validity of "hedging" transactions on the commodity market, 20 A.L.R. 1422.

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.

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.


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