Ga. Comp. R. & Regs. R. 40-9-6-.01 - Licenses
(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:
(a) Past violations at any
of the State Farmers' Markets'
(b)
The likelihood of committing violations of the Act or Rules in the
future;
(c) The selling of produce
at any of the State Farmers' Markets without a proper license;
(d) Allowing another to sell produce at any
of the State Farmers' Markets without a proper license;
(e) The selling of produce at any of the
State Farmers' Markets after the license has been suspended or
revoked;
(f) Relatives who have had
licenses revoked in the past;
(g)
Any other relevant information can be considered and properly
weighed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.