Ga. Comp. R. & Regs. R. 40-12-6-.01 - Scope of Arbitration
(1) Pursuant to Code section
2-11-70, arbitration of complaints
of seed and commercial fruit and nut tree purchasers against seed and
commercial fruit and nut tree sellers relating to the quality and performance
of the seed and the identity of the variety of fruit and nut trees is mandatory
as a prerequisite to the purchaser's right to maintain a legal action against
the seller. The Seed Arbitration Council, as established in Code section
2-11-74, shall investigate, hold
informal hearings, make findings and render recommendations in the nature of
arbitration proceedings where damages suffered by seed and commercial fruit and
nut tree purchasers are caused by the alleged failure of the seed to perform as
represented or to conform to the description of the labeling thereof as
required by law or to be the variety of fruit or nut tree represented by the
seller. Pursuant to Code section
2-11-76, findings and
recommendations of the Council are not required to be accepted by either the
purchaser or seller of seed or commercial fruit or nut trees and are not
admissible as evidence in litigation. However, in any litigation involving a
complaint which has been the subject of arbitration, any party may introduce
Arbitration Council investigations and proceedings as the court may see
fit.
(2) For the purpose of Seed
Arbitration, "seed" is defined as stated in the Georgia Seed Law, Code section
2-11-21.
(3) For the purposes of Chapter 40-12-6
concerning commercial fruit and nut tree arbitration, the application of the
term "seed" shall also apply to commercial fruit and nut trees.
(4) The use of a disclaimer or denial of
warranty clause on any invoice, advertisement, label or labeling, or any other
written, printed or graphic matter used in conjunction with the distribution of
any seed shall not relieve or exempt any person from any provisions of seed
arbitration according to the Georgia Seed Law.
Notes
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