Compilation of Rules and Regulations of the State of Georgia Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS

25 Jun 2025 --
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Here’s a refined and structured compilation of Georgia Department 472 – Agricultural Commodity Commission for Pecans, current through May 29, 2025:

📜 Administrative History

Chapter 472‑1 (“Marketing Order for Pecans”) consists of Rules 472‑1‑.01 through .14, originally filed June 15, 1995 and effective September 1, 1995

Rules .09 and .10 (Method of Finance & Collection) were amended June 16, 2014, and became effective August 1, 2014

📌 Chapter 472‑1: MARKETING ORDER FOR PECANS

Rule 472‑1‑.01 – Product Affected

Applies to pecans

Rule 472‑1‑.02 – Area of Production Affected

Entire State of Georgia

Rule 472‑1‑.03 – Scope of Operation

Commission activities include research (production & marketing), promotion, and education

Rule 472‑1‑.04 – Extent of Operation

Internal discretion within statutory limits to determine activities and expenditures

Rule 472‑1‑.05 – Term of Operation

Initially set for September 1, 1995 – August 31, 1998, renewable as per law

Rule 472‑1‑.06 – Method of Approval

Approval via referendum among affected producers, in accordance with O.C.G.A. §2‑8‑23

Rule 472‑1‑.07 – Time for Approval

Commission sets a 30‑day referendum period following a public hearing

Rule 472‑1‑.08 – Affected Producers

Applies to producers with 30+ acres of pecan trees planted in a grove-like manner, selling in-state or out-of-state

Rule 472‑1‑.09 – Method of Finance

Funded by $0.01/lb assessment on in-shell pecans, effective August 1, 2014, until suspended

Commission may borrow against anticipated collections ).

Rule 472‑1‑.10 – Method of Collection

Handled by first-handlers who deduct assessments and remit to the Commissioner of Agriculture; includes audit/report mechanisms

Rule 472‑1‑.11 – Administration & Enforcement

Commissioner of Agriculture is responsible for enforcing levy/assessment provisions

Rule 472‑1‑.12 – Expenditure of Funds

Commission empowered to spend funds for its operations—including staffing, committees, boards, advisors

Rule 472‑1‑.13 – Contracts

Commission may enter contracts to fulfill its duties under the Order

Rule 472‑1‑.14 – Records

Affected persons must maintain accurate production/sales records and allow Commissioner audits/inspections .

🧭 Summary Table

Rule	Title	Key Points
.01	Product Affected	Pecans
.02	Area of Production	Entire Georgia
.03	Scope of Operation	Research, Promotion, Education
.04	Extent of Operation	As determined by Commission
.05	Term of Operation	1995–1998, renewable
.06–.07	Approval Process	Referendum by producers
.08	Affected Producers	≥30 acres grove-style
.09	Financing Mechanism	$0.01/lb levy, borrow option
.10	Collection Procedure	Via first-handlers to Commissioner
.11	Administration	Enforced by Ag Commissioner
.12	Fund Expenditure	Staffing, committees, advisory
.13	Contracts	Commission may contract
.14	Recordkeeping	Mandatory records & audits