Ga. Comp. R. & Regs. Department 179 — Agricultural Commodity Commission for Eggs

Chapter 179-1 Marketing Order for Eggs

Ga. Comp. R. & Regs. r. 179-1-.01 Product Affected

Eggs.

History

• Authority: Georgia Laws 1961, p. 301 as amended
• History. Original Rule entitled "Product Affected" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.02 Area of Production Affected

The entire State of Georgia.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Area of Production Affected" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.03 Scope of Operation

(1) Research.

(2) Promotion.

(3) Education.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Scope of Operation" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.04 Extent of Operation

The extent of operation under the statutory authority shall be as determined by the Commission within the limitations of the statutory authority. The Commission shall have the right to determine the activities of the Commission and the expenditure of funds under any one or all of the areas permitted under statutory authority.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Extent of Operation" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.05 Term of Operation

The term of operation under this Order shall be for the year beginning July 1, 1961, and ending June 30, 1962, and from year to year thereafter until terminated by law.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Term of Operation" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.06 Method of Approval

(1) The approval of this Order shall be by written assent of the producers as authorized and provided by Section 14(a), (5), Ga. L. 1961, p.301 as amended.

(2) The approval shall be determined by the Commission upon receipt of written assent of producers.

(3) The approval of members of non-profit agricultural cooperative marketing associations (co-ops) may not be had under the provisions of Section 14(a), (3), Ga. L. 1961, p. 301 as amended, but shall be upon an individual producer basis.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Method of Approval" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.07 Time for Approval

Written assents or rejections shall be received by the Commission during the period of May 18, 1961, through June 25, 1961, with the authority of the Commission to declare this Order approved upon the receipt of the requisite number of assents from producers who produce the requisite percentage of eggs.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Time for Approval" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.08 Affected Producers

This Order shall apply to all producers of eggs in this State, who produce eggs for sale within and without the State. Provided, however, there shall be excluded herefrom, all eggs produced for hatchery purposes that are actually used for hatchery purposes. It is the intent of this exception to exclude hatchery eggs from the operation from this Order so long as such eggs are actually used for such purposes. Such eggs which are diverted to commercial purposes shall be within the provisions of this Order.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Affected Producers" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.09 Method of Finance

(1) Projects, undertakings and expenses incurred under this Order shall be financed by an assessment and levy of 7 cents per case of 30 dozen of eggs produced in this State for sale. Upon the approval of the requisite number of producers and effective as of July 1, 1993, a levy and assessment of 7 cents per case of 30 dozen of eggs is hereby made. Such levy shall continue to force and effect until this Order is suspended or superseded as provided by law and during the time that this Order remains of force and effect.

(2) To the end that the Commission shall have such funds to defray expenses pending the collection of such funds under the levy and assessment herein provided, the Commission shall be authorized to borrow money and hypothecate anticipated collections as authorized under Section 16(d), Ga. L. 1961, p. 301 as amended.

History

• Authority: Ga. L. 1961, p. 301 as amended; O.C.G.A. Sec. 2-8-1
• History. Original Rule entitled "Method of Finance" was filed and effective on June 30, 1965.
• Amended: f. April 20, 1989; eff. May 30, 1984, as specified by the Commission.
• Amended: F. May 17, 1993; eff. July 1, 1993, as specified by the Commission.

Ga. Comp. R. & Regs. r. 179-1-.10 Method of Collection

(1) The levy and assessment provided by this Order shall be collected from producers. As an aid in such collection, handlers, distributors and others purchasing eggs from producers shall deduct the amount of such assessment each month and remit same to the Commissioner of Agriculture for the account of the producer.

(2) The Commissioner is authorized in the collection of funds to adopt and utilize a reporting and auditing method of collecting the levy and assessment provided herein.

History

• Authority: Ga. L. 1961, p. 301 as amended, O.C.G.A. Sec. 2-8-1et seq
• History. Original Rule entitled "Method of Collection" was filed and effective on June 30, 1965.
• Amended: Rule repealed and a new Rule of the same title adopted. Filed May 24, 1988; effective June 13, 1988.

Ga. Comp. R. & Regs. r. 179-1-.11 Administration and Enforcement

The Commissioner of Agriculture shall administer and enforce the provisions of this Order, particularly as to the collection of levies and assessment.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Administration and Enforcement" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.12 Expenditure of Funds

The Commission is hereby authorized to expend funds of the Commission as it deems necessary to defray the costs and expenses incurred under this Order. The Commission is further authorized to expend funds to defray the actual costs and expenses of the Commission, including employees, special committees, advisory boards and individuals to aid, advise and assist the Commission in the performance of its duties.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Expenditure of Funds" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.13 Contracts

The Commission may enter into contracts as it deems necessary and advisable in the performance of its duties under the provisions of this Order, including, but not limited to, contracts with the Georgia Egg Association for the performance of duties and services, as the Commission shall deem necessary and proper.

History

• Authority: Ga. L. 1961, p.301 as amended
• History. Original Rule entitled "Contracts" was filed and effective on June 30, 1965.

Ga. Comp. R. & Regs. r. 179-1-.14 Records

It shall be the duty and responsibility of each affected person or handler to keep adequate records to reflect the true amount of eggs produced, sold or purchased by him, and to make such records available for inspection and audit by the Commission and the Commissioner.

History

• Authority: Ga. L. 1961, p. 301 as amended
• History. Original Rule entitled "Records" was filed and effective on June 30, 1965.