GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 40-9-2 MANAGEMENT

Rule 40-9-2-.01 Assignment of Space and Collection of Fees

(1) All farmers, producers, merchants, day laborers and others using any Markets must contact the Market Manager of such Market or his representative, before making deliveries, engaging in business or occupying space on the Market. The Market Manager may require that all day laborers seeking independent employment on a Farmers' Market must register with the Market Manager. The Market Manager will designate a space or area for laborers to assemble while awaiting employment.
(2) The Market Manager of a Market or his representative will assign space and collect fees according to a published schedule. Each Market Manager shall have the authority to issue a "Schedule of Fees" to be charged subject to approval of the Commissioner of Agriculture, and to alter, amend, or suspend any part of all such fees, subject to approval of the Commissioner of Agriculture. The published "Schedule of Fees" will cover all vehicles entering the Market to sell or deliver its contents.
(3) Fees shall be collected at the gate on all loaded vehicles. Failure to purchase and obtain gate tickets when required under the Act or these Rules will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.
(4) Truck Sales. This method allows for 24 hours parking on shed or until the load is sold whichever comes first. The gate ticket covers 24 hours parking. If the load is not sold at the end of this 24 hour period, the Market Manager will assign a stall for periods of 24 hours until the load is sold. Additional fees will be paid for each 24 hour period. When produce is sold, the space shall immediately revert back to the Market. One hour is given to clean and vacate the space. Failure to pay additional fees when required under the Act or these Rules will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.
(5) Space Sales. This method allows an individual to locate or establish his business on a continuous day to day basis for the season in a specified place on the sheds. Payment for space per stall for 24 hours shall be published by each Market and collected daily. This fee shall be in addition to the gate fee. Failure to pay the fees when required under the Act or these Rules will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.
(6) No person shall use any space upon the Market except as assigned and authorized by the Market Manager. Use of stalls or spaces by anyone other than the person assigned and authorized by the Market Manager is prohibited. The use of space not assigned and authorized by the Market Manager as required under the Act or these Rules will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.
(7) Space on a Market may be designated by the Market Manager as "Producer" area and upon such designation, only producers selling produce actually grown by the producer may be offered for sale therein. A producer occupying space in a "Producer" area who shall offer for sale produce not grown by him shall forthwith lose his status as a producer and may be removed from the "Producer" area and will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.
(8) Items cannot be displayed on steps or sidewalk, and nothing can be displayed on walkway at the end of shed on platform unless the licensee obtains written permission of the Market Manager. The use of space in this manner will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets in the future.

Rule 40-9-2-.02 Use of Property for Expressive Activity

(1) Persons who desire to assemble for public communication on or within farmers' markets or facilities operated by the Georgia Department of Agriculture must first give written notice to the market manager or facility manager and complete arrangements for approval from department staff at least 72 hours before such assemblage.
(2) Use of areas as a public communication shall not interfere with the normal operations of the market or facilities including safe, unhindered passageways for all persons.
(a) Passageways will be deemed hindered if persons or traffic may not proceed conveniently.
(b) Doors and gates within such areas will be hindered if it is inconvenient to proceed directly through and out onto unhindered passageways.
(c) Where space is insufficient, limitation upon size of assemblage may be ordered.
(d) Where concurrent accommodation within such areas cannot be made, priority shall be given to persons who have first given notice and completed prior arrangements with the department staff.
(3) Locations within such areas for assemblage and public communication shall be designated by oral or written instruments and may also be designated by the use of stakes, rope, fencing and the like.
(4) No one shall go upon the grass and gardens of the grounds unless designated by department staff.
(a) No one shall climb upon the fences, buildings or other facilities of the grounds of such areas except stairs intended for passageway.
(b) No one shall hang banners, posters, signs or flags, or otherwise affix or place objects upon the trees, fences, buildings, walls and other property on the grounds of such areas.
(c) No one shall throw objects onto the property or the grounds of such areas or litter or cause the grounds of such areas to be littered.
(5) No one shall assemble for public communication on or within such areas while carrying a weapon. Without limiting the foregoing, a picket handle with a pointed end and a picket handle made of metal of any size or of wood greater than lath size may be deemed weapons.
(6) Noise so loud that it interferes with the normal operations of the market or facility is prohibited.

Rule 40-9-2-.03 Personal Conduct

(1) Any person found by the Commissioner to have been charged with any crime or any violation of the Georgia Marketing Act of 1981 or any rule promulgated pursuant thereto on the Farmers' Market property, will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business at the Markets and prohibited from doing any business or being employed by any business to conduct business on the Markets on any Farmers' Markets of the State in the future.
(2) No marketer, vendor or other person shall do any act or use any language intended thereby to insult another person or customer or to intimidate a shopper into purchasing his produce; nor shall they attempt to fix the prices of produce of any other farmer, vendor or merchant; but every person shall sell his or her produce, unmolested, at whatever price such person may adopt; and no person shall circulate false reports tending to upset or destroy the operation of any other person or of the market.
(3) The sale or use of alcohol, illegal drugs and drug paraphernalia is strictly prohibited. If any licensee is found to be under the influence of alcohol or illegal drugs, this 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 Farmers' Markets in the future. A conviction for use of alcohol, illegal drugs and drug paraphernalia can be used as a proper ground 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. Notwithstanding, alcohol may be served and consumed by persons when in attendance of a party and/or fundraiser on the State Farmers' Market property which has been authorized by the Market Manager. Special events at the State Farmers' Markets for promotion and sale of Georgia products to the public, which include the sampling and sale of alcoholic products produced in Georgia by a Georgia based company, will be permitted in such areas designated by the Market Manager. Retail sales of these products are permitted for off premises consumption but there shall be no sales by the drink, only samples may be given. Requests to participate as a vendor of alcoholic products at a special event shall be submitted in writing, with a description of the product to be marketed, to the Market Manager at least thirty (30) days prior to the event and shall be subject to review by the Commissioner or his appointee. Vendors shall be responsible for obtaining any licenses or permits as may be required for such sales.
(4) The use of profane, abusive or discourteous language on any Market is prohibited and will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business or be employed by any business to conduct business on the Markets at any of the State Farmers' Markets in the future.
(5) The breaking, defacing or destruction of any part of a Market property, or interference with electric fixtures, wiring, etc., or meddling with shades, globes or other apparatus belonging to said Market property, is prohibited, and any person found to be responsible for any such act or acts, in addition to any other punishment, shall be required to have repaired any damage resulting from such action. No coolers, freezers, refrigerators, cooking equipment, sleeping facilities, or wind breaks are permitted in shed areas. Adding machines, radios, etc., are permitted using plug-in receptacles only. Light bulbs only are to be used in light sockets. No smudge pots may be used. No nails or spikes are to be used on walls. Shelves, etc., are to be constructed independently of the building- not anchored to walls, floors or ceiling.
(6) Reselling shall not be permitted on Farmers' sheds. Reselling will constitute proper grounds for revocation or suspension of a license and the right to conduct any type of business or be employed by any business to conduct business on the Markets at any of the State Farmers' Markets in the future. Holding space by use of parked vehicles, small amount of produce, etc., will not be permitted. Gate fees will be charged on all loaded vehicles. Space-rent fees will not be altered by use of gate ticket. The inscription on yellow copy of gate ticket shall not apply where space-rent is involved.
(7) Access to electrical outlets within such areas will not be permitted unless an electrical fee is paid.
(8) The following activities may subject a person's license to be suspended or revoked:
(a) Playing or allowing one's employees or customers to play music and or movies on Cassette, CD, DVD, or other technology from stereos, boom boxes, other media players, cars, trucks, or other vehicles that disturbs other licensees in other stalls on the Market or visitors to the Market is prohibited. 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 State Markets at any of the Farmers' Markets in the future.
(b) Use of Video and Digital recorder or any other mechanical means recording for any purpose 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 unless the person or persons recorded have given written permission from the Market Manager for such recording.
(c) Failure to dispose of trash into proper trash containers 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.
(d) Parking of any type of vehicles to prohibit the movement of fire and other emergency type vehicles 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 on the Markets at any of the State Farmers' Markets in the future.
(e) Parking vehicles of any type for more than 48 hours without permission of the Market Manager 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.
(f) Allowing any individual who has had a license issued by the Department of Agriculture revoked within two years to serve as an employee or agent at the rented stalls 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.
(g) The cutting of firewood anywhere in any part of the Market is not permitted and 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.

Rule 40-9-2-.04 Quality of Merchandise

(1) All fresh fruits, vegetables, tree nuts and other specialty products such as Christmas trees must be U.S. No. 2 grade or better including not more than a total of 2% decay, soft rot or wet breakdown. Commodities that have no U.S. grade standards must meet 90% free from defects that seriously affect their appearance, edible or marketing quality including not more than 2% decay, soft rot or wet breakdown. All culls graded out of produce on the Markets must be disposed of as garbage, or dumped. Unwholesome, spoiled or damaged food or products unfit for human consumption shall not be offered for sale on any Market by any person. Such selling of unwholesome, spoiled or damaged food or products unfit for human consumption 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.
(2) False packs are prohibited on any Market. The term "False Packs" means the topping or facing of containers with the best products exposed and poorer products concealed underneath.

Rule 40-9-2-.05 Packaging

Containers shall not be altered in any manner and must hold at least the amount specified. Products not meeting the requirements of the Weights and Measures label laws of the State of Georgia shall not be sold, exposed or offered for sale on any Market by any person. This 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.

Rule 40-9-2-.06 Marketing Orders

Products covered by a Marketing Order which fail to meet the provisions of the Order shall not be sold, exposed or offered for sale on any Market by any person. Sale, exposure or offering for sale products which are covered which do not meet the provisions of a Marketing Order 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 Farmers' Markets in the future.

Rule 40-9-2-.07 Market Sanitation

(1) All occupants shall cooperate in keeping the Market clean.
(2) No one may dispose of trash or spoiled produce into containers not owned or leased by licensee unless the licensee has permission from the owner or lessee of the container. 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.
(3) Failure to dispose of their trash resulting into proper trash containers by any licensee or agent of the licensee 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.

Rule 40-9-2-.08 Utilities

The cost of gas, private telephones, electricity and water, including installation and use, will be the responsibility of each dealer and farmer unless the Commissioner has specifically assumed such responsibility and has made other arrangements and deems it necessary to assess individual charges for use of utilities.