Compilation of Rules and Regulations of the State of Georgia
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE
Chapter 40-9 - STATE FARMERS' MARKET
Subject 40-9-6 - LICENSING
Rule 40-9-6-.01 - Licenses
Current through Rules and Regulations filed through September 23, 2024
(1) In order to better manage the markets authorized by this Act, and to thereby facilitate the use of the markets by the citizens of this state, on or after July 1, 2004, all persons desiring to sell or to offer for sale any items on the facilities of any market which charges a gate fee must be licensed to do so by the Commissioner of Agriculture. All agents of persons desiring to sell or offer for sale produce of another at a stall must also secure a license. The Local Operating Rules may ease the license requirement for agents and employees desiring to sell or offer for sale the produce of another at a truck or stall. A license affords a licensee only the privilege to enter upon a Market with permission of the Department of Agriculture and to pay a daily fee for the use of a particular stall on the Market. The issuance of a license is not intended to convey any type of leasehold interest. All licenses shall expire on December 31 of each calendar year unless suspended and revoked before that time, except that licenses for leaseholders will continue in effect concurrently with the renewal of successive leases and shall expire only in the event the leaseholder's lease is not renewed. By applying for a license and/or holding same, the applicant or licensee, as the case may be, gives his express consent for representatives of the Commissioner of Agriculture to enter upon and inspect all property owned, leased, controlled or used in the production of crops, by said applicant or licensee.
(2) By making an application for a license, and/or holding same, the applicant or licensee agrees to abide by and comply with the laws, rules and regulations, and local operating rules pertaining to the operations of Farmers' markets in this state. Non-compliance with any law, rule or regulation, or local operating rule pertaining to the operation of any Farmers' market shall constitute cause for revocation, suspension, non-renewal or denial of any license required pursuant hereto and shall constitute cause for immediate removal from market premises.
(3) All procedures and practices relative to the issuance, denial, non-renewal, suspension or revocation of licenses required pursuant hereto shall be conducted in accordance with the Department of Agriculture, Registration, License and Permit Act (GA Laws 1966, p. 307 as amended).
(4) An agent or employee may not sell or offer to sell any produce in a stall without a current license. Such activity will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business or being employed by any business to conduct business on the Markets at any of the State Farmers' Markets in the future.
(5) If a license is properly revoked by law, the person whose license has been revoked may not reapply for a period of two years from the effective date of the revocation.
(6) If a license is properly revoked by law, the person whose license has been revoked is a trespasser under Georgia law.
(7) The Commissioner or his designee will consider the following when considering issuing a licensee:
O.C.G.A. Sec. 2-10-56.
