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Rules and Regulations of the State of Georgia
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Subject 40-9-6 LICENSING

Rule 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.

Rule 40-9-6-.02 Forms to be Completed by the Applicant for License and License Renewal

(1) All persons using the facilities of any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market in the State of Georgia shall first file with the Commissioner of Agriculture of the State of Georgia, upon forms furnished by the Commissioner, the following information as an application or annual renewal for a license to sell on Georgia State Farmers' markets (Atlanta, Augusta, Columbus, Macon, Savannah):
(a) Name of person or firm desiring a license;
(b) Mailing and street address(es) or applicant;
(c) Classification of applicant, (producer, trucker, dealer, employee, agent, other);
(d) Type of business (owned by one person, a partnership or corporation, n/a);
(e) Full name, title and home address of all owners, partners and/or officers (each must be 18 years of age or older);
(f) County or counties and street address(es) where farm or farms located, if applicable;
(g) Principal produce to be grown and offered for sale, if applicable;
(h) Truck's owner, make, year, model and tag number;
(i) For dealers, the following additional information is required:
1. Type of business to be operated.
2. Name and address of bank or banks used.
3. Do you have a P.A.C.A. license?
4. Give license number.
5. If no P.A.C.A. license, has application been made?
6. Has P.A.C.A. license ever been revoked or suspended? If yes, why?
7. Are you bonded as a dealer in agricultural products for Georgia? If yes, give name and address of company.
8. State kind or kinds of agricultural products to be handled.
9. Give name or names of your agent authorized to represent you in Georgia, if any.
(j) Date-Signature-Title.
(2) The applicant as a condition to granting or renewing license shall agree to comply with and abide by the terms of the laws, rules and regulations, and local operating rules pertaining to the operation of Farmers' markets in this state. The applicant shall further certify that the statements made in the application for license or renewal are true to the best of the knowledge and belief of the applicant. False disclosure of information on an application for a license or renewal shall be basis for denial and/or revocation of the license applied for.

Rule 40-9-6-.03 Repealed