Tree Growing and Fruit Producing as Agricultural Pursuits; Gum Producers as Farmers

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Security Agreements Relating to Crops
  6. Tree Growing and Fruit Producing as Agricultural Pursuits; Gum Producers as Farmers

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  1. The planting, growing, cultivating, harvesting, and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of this state as an agricultural pursuit.
  2. Every original producer or manufacturer of crude gum, oleoresin, from which is derived or may be derived gum spirits of turpentine and gum resin, and his or her employees are declared to be, for all intents and purposes, farmers insofar as any law of this state relates to farming and farmers.

(Ga. L. 1933, p. 128, §§ 1, 2; Code 1933, § 67-1107; Ga. L. 1939, p. 240, §§ 1, 2; Ga. L. 1962, p. 156, § 1; Ga. L. 1963, p. 188, § 39; Ga. L. 2001, p. 362, § 35.)

The 2001 amendment, effective July 1, 2001, deleted former subsection (a) which read: "As used in laws relating to security agreements with respect to personal property, the terms 'crops' and 'growing crops' means the fruits and products of all annual or perennial plants, trees, and shrubs and shall also mean crude gum, oleoresin, from a living tree." and redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively.

Cross references.

- Forest resources and other plant life generally, Ch. 6, T. 12.

OPINIONS OF THE ATTORNEY GENERAL

Commissioner of Agriculture may license warehouse storing pine cones under O.C.G.A. § 10-4-2. 1958-59 Op. Att'y Gen. p. 14.

Pine cones may come under O.C.G.A. § 10-4-2, being includable in "agricultural products" as used therein. 1958-59 Op. Att'y Gen. p. 14.

Lumber is not an agricultural product within the meaning of O.C.G.A. § 10-4-2. 1958-59 Op. Att'y Gen. p. 12.

Nursery products such as ornamental garden shrubs are not farm products as that term is used in Ga. Const. 1976, Art. VII, Sec. 1, Para. IV (see, now, Ga. Const. 1983, Art. VII, Sec. 2, Para. IV), and are subject to property taxation. 1969 Op. Att'y Gen. No. 69-407.


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