Compilation of Rules and Regulations of the State of Georgia Department 479 - AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS
Here’s a structured overview of Georgia Department 479 – Agricultural Commodity Commission for Peanuts, focusing on Chapter 479‑1—Marketing Order for Peanuts:
📘 Chapter 479‑1: Marketing Order for Peanuts (Rules 479‑1‑.01 to .14)
Enacted: Initially filed June 30, 1965, with subsequent amendments (e.g., Rules .05 and .09 amended April 18, 1979; effective May 8, 1979) (rules.sos.ga.gov).
1. Applicability (Rule .01 & .08)
Applies to all peanut producers in Georgia who produce for sale, both in-state and out-of-state (rules.sos.ga.gov).
2. Approval Mechanism (Rules .07–.08)
Requires written assent by peanut producers to adopt the Order (rules.sos.ga.gov).
Assent period historically ran May 18–June 25, 1961, with approval contingent on reaching a set percentage threshold (rules.sos.ga.gov).
3. Financing (Rule .09 & .10)
Assessment: $2.00 per ton on all peanuts produced for sale, levied from each producer, effective July 1, 1979; continues until suspended or superseded (rules.sos.ga.gov).
Collection: Handlers/distributors deduct levies during pay periods and remit to the Commissioner of Agriculture.
Interim funding: The Commission may borrow against anticipated assessments (rules.sos.ga.gov).
4. Administration & Enforcement (Rule .11)
The Commissioner of Agriculture oversees enforcement and levy collection (rules.sos.ga.gov).
5. Expenditures, Contracts & Records (Rules .12–.14)
Expenditures (Rule .12): Funds may be used for Commission operations, staff, committees, advisory boards, and related costs (rules.sos.ga.gov).
Contracts (Rule .13): Commission authorized to enter contracts necessary for its duties (rules.sos.ga.gov).
Records (Rule .14): Producers and handlers must maintain accurate records of production, sales, and purchases, and make them accessible for audits (rules.sos.ga.gov).
📜 Administrative Background & Legal Basis
The Commission was created under the Georgia Agricultural Commodities Promotion Act of 1961 and formally established August 1, 1961 (agr.georgia.gov).
The marketing order and its rules derive authority from O.C.G.A. Title 2, Chapter 8 (agr.georgia.gov).
🧾 Summary Table
| Rule | Title | Key Provision |
|---|---|---|
| .01/.08 | Product Affected & Affected Producers | Covers all peanut producers in Georgia |
| .07 | Time for Approval | Approval via producers' written assent within set timeframe |
| .09/.10 | Finance & Collection | $2/ton levy; handled via pay-period deductions by handlers |
| .11 | Admin & Enforcement | Administered by Commissioner of Agriculture |
| .12 | Expenditure of Funds | Covers Commission costs, operations, and advisory support |
| .13 | Contracts | Commission may enter necessary contracts |
| .14 | Recordkeeping | Producers/handlers must maintain auditable records |
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