AGRICULTURAL COMMODITIES COMMISSIONS GENERALLY
APPLES
CANOLA
COTTON
DEALERS IN AGRICULTURAL PRODUCTS
EGGS
GRAIN DEALERS
PEACHES
PEANUTS, AGRICULTURAL COMMODITY COMMISSION FOR
PECANS
PESTICIDES, CONTROL OF
PESTICIDES, USE AND APPLICATION OF
PLANT NURSERIES
SEEDS, SALES AND TRANSPORTATION OF
SOIL AMENDMENTS
SOYBEANS
SWEET POTATOES
TOBACCO
Citation: O.C.G.A. Section 2-8-29 Maintenance
and Inspection of Books and Records and Provision of Information.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain books and records
reflecting operations under a marketing order.
Persons Affected: All processors or distributors
subject to the provisions of any marketing order issued pursuant
to the "Agricultural Commodities Commissions Generally"
Article.
Retention Period: Not stated.
Citation: Rule 49-1-.14 Marketing Order for
Apples--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of apples produced, sold, or purchased.
Persons Affected: All commercial producers and
handlers of apples. [NOTE: For purposes of this
records requirement, Rule 49-1-.08 defines a commercial producer
as "a producer with an acreage of five (5) or more acres
in" the State of Georgia or with "five hundred (500) or
more trees who produces apples for sale within or without the
State."]
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-29.
Citation: Rule 94-1-.14 Records to be Kept.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records that show
the true amount of canola produced, sold, or purchased.
Persons Affected: All producers of canola,
including canola produced as seed and other types of oil seed
rape for sale within and without this state.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. 2-8-1.
Citation: Rule 149-1-.14 Marketing Order for
Cotton--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of cotton ginned and processed.
Persons Affected: All producers of cotton in
Georgia who produce cotton for sale within or without Georgia and
cotton handlers.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following (the Georgia Agricultural Commodities
Promotion Act).
Citation: O.C.G.A. Section 2-9-9 Consignment
records; settlement with producer.
Regulating Agency: Commissioner of Agriculture.
Requirement: To make and preserve a record of
the receipt of agricultural products on a consignment basis and
the handling and disposing of the same, specifying: (1) the name
and address of the producer consigning such agricultural
products; (2) the date of receipt; (3) the kind and quality of
such products; (4) the amount of goods sold; (5) the name and
address of the purchaser (provided that where sales total less
than $5.00 in value, such sales may be made to the order of
"cash"); (6) the selling price; and (7) the items of
expenses connected therewith.
Persons Affected: Every dealer in agricultural
products. NOTE: O.C.G.A. Section 2-9-15 provides
that Article 1 of Chapter 9 of Title 2 (the article which deals
with dealers in agricultural products) does not apply to (1)
farmers in the sale of agricultural products grown or produced by
themselves; (2) persons who buy for cash, paying at the time of
purchase in United States currency, certified check, cashier's
check, or the equivalent; or (3) holders of food sales
establishment licenses issued pursuant to Article 2 of Chapter 2
of Title 26, the "Georgia Food Act," who conduct no
business at the wholesale level and who have fewer than ten employees.
Retention Period: At least one year.
Citation: Rule 179-1-.14 Marketing Order for
Eggs--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of eggs produced, sold, or purchased.
Persons Affected: All egg handlers and producers
of eggs in the State of Georgia, who produce eggs for sale within
or without the State, excluding all eggs produced for hatchery
purposes that are actually used for hatchery purposes.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-29.
Citation: O.C.G.A. Section 2-9-40 Consignment
Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To make records of consignment
grain transactions, specifying (1) name and address of consigning
producer, (2) date of receipt, (3) kind and quantity of the
grain, (4) amount sold, (5) name and address of purchaser (sales
totally less than $5.00 in value may be made to order of
"cash"), (6) selling price, and (7) connected items of
expenses.
Persons Affected: Every grain dealer who
receives grain products on a consignment basis and who handles
and disposes of them.
Retention Period: At least one year.
Citation: Rule 40-25-3-.01 Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain complete purchase and
payable records of producer grain transactions which will
reflect, at least: (1) producers name; (2) type of transaction
and date; (3) type commodity; (4) weight and quantity; (5)
selling price; and (6) scale ticket or invoice document number.
Retention Period: In the event of suspension,
revocation, or other termination of a license issued under
O.C.G.A. Title 2, Chapter 9, Article 2, records are to be
preserved six years or until release in writing by the
Commissioner of Agriculture.
Persons Affected: All grain dealers.
Related Code Sections: O.C.G.A. Section
2-9-30 and the sections following.
Citation: Rule 469-1-.14 Marketing Order for
Peaches--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records that show
the true amount of peaches produced, sold, or purchased.
Persons Affected: All producers of peaches in
the State of Georgia who produce commercially packed and
processed peaches for sale within and without the State of
Georgia.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following.
Citation: O.C.G.A. Section 2-8-69 Books and
Records of Processors and Distributors.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain books and records
reflecting operations under a marketing order.
Persons Affected: Any and all processors or
distributors subject to the provisions of any marketing order
issued pursuant to the "Agricultural Commodity Commission
for Peanuts" Article.
Retention Period: Not stated.
Citation: Rule 479-1-.14 Marketing Order for
Peanuts--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of peanuts produced, sold, or purchased.
Persons Affected: All producers and handlers of
peanuts in the State of Georgia who produce peanuts for sale
within and without the State of Georgia.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following.
Citation: Rule 40-7-7-.18 Identification and
Labeling by Processor and Wholesaler.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain an invoice record of
each sale and purchase of pecans, indicating the proper
identification and labeling and the proper United States or
Georgia grade or classification.
Persons Affected: Processors or wholesalers
offering for sale or selling pecans in Georgia.
Related Code Sections: O.C.G.A. Section 2-14-60
and the sections following.
Retention Period: A period of one year.
Citation: O.C.G.A. Section 2-7-61 Records To
Be Kept; Access by the Commissioner; Confidentiality.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep accurate records of (1) the
delivery, movement, or holding of any pesticide or device,
including the quantity thereof; (2) the date of shipment and
receipt; (3) the name of consignor and consignee; and (4) any
other information necessary for the enforcement of the
"Control of Pesticides" Article, as prescribed by the
Commissioner of Agriculture.
Persons Affected: Any person issued a license,
permit, or registration under the "Control of
Pesticides" Article.
Retention Period: Not stated, but see Rule
40-11-12-.02.
Citation: Rule 40-11-12-.02 Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain records of sales of all
restricted use pesticides or pesticides with State restricted
uses, including (1) name of certified private or commercial
applicator by whom purchased, (2) certified applicator's State
Certification or license number, (3) date of purchase, (4) brand
name or trade name of restricted use pesticide or pesticide with
State restricted use purchased, and (5) quantity purchased.
Persons Affected: Every Restricted Use Pesticide
Dealer.
Retention Period: Two years.
Related Code Section: O.C.G.A. Section 2-7-61.
Citation: O.C.G.A. Section 2-7-104 Records to
be Kept; Inspection Thereof.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain records with respect to
applications of pesticides.
Persons Affected: Licensed pesticide contractors
and licensed certified commercial applicators who are not
employed by or otherwise acting for a licensed pesticide
contractor.
Retention Period: Not stated, but see Rules
40-21-5-.01 and 40-21-5-.03.
Citation: Rule 40-21-5-.01 Persons Required
to Keep Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain true and accurate
records of all pesticide applications performed as a part of
business operations. (Content of records specified in Rule
40-21-5-.02.)
Persons Affected: Every licensed pesticide
contractor and every licensed commercial pesticide applicator not
employed by a licensed pesticide contractor.
Retention Period: Two years (Rule 40-21-5-.03).
Related Code Section: O.C.G.A. Section
2-7-104.
Citation: Rule 40-4-9-.07 Records Required.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain records showing the
source and date of purchase of all Plant Material which has been
received during the past twelve (12) months.
Persons Affected: Every Nursery Grower and
Nursery Dealer.
Retention Period: Twelve months.
Related Code Section: O.C.G.A. Section
2-7-14.
Citation: O.C.G.A. Section 2-11-24 Records
and Samples to be Kept.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep complete records of each
lot of agricultural or vegetable seed handled and to keep a file
sample of each lot of seed after final disposition of such lot.
Persons Affected: Each person whose name or
approved code number or other approved designation appears on a
label as handling seeds subject to the Georgia Seed Law (O.C.G.A.
Section 2-11-20 and the sections following).
Retention Period: For records, two years; for
file samples, one year.
Citation: O.C.G.A. Section 2-12-75 Semiannual
reports to be filed; failure to file or false filing as ground
for registration revocation.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep accurate records of sales
of soil amendments.
Persons Affected: Any person who registers a
soil amendment under the Georgia Soil Amendment Act of 1976
[O.C.G.A. Title 2, Chapter 12, Article 3.].
Retention Period: Not stated.
Citation: Rule 606-1-.14 Marketing Order for
Soybeans--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of soybeans produced, sold, or purchased.
Persons Affected: All producers and handlers of
soybeans who produce soybeans for sale within and without the
State of Georgia.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following.
Citation: Rule 669-1-.14 Marketing Order for
Sweet Potatoes--Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep accurate records to reflect
the true amount of sweet potatoes produced, sold, or purchased.
Persons Affected: All commercial producers and
handlers of sweet potatoes. [NOTE: The rule
defines a "commercial producer" as "a producer
with an acreage of five (5) or more acres who produces sweet
potatoes for sale within and without the State" of Georgia.]
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following.
Citation: Rule 679-1-.14 Marketing Order for
Tobacco--Records. Amended.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect
the true amount of flue-cured tobacco produced, sold, or
purchased.
Persons Affected: All producers and handlers of
flue-cured tobacco in the State of Georgia who produce flue-cured
tobacco for sale within and without the State of Georgia.
Retention Period: Not stated.
Related Code Sections: O.C.G.A. Section 2-8-1
and the sections following.
Citation: Rule 40-7-16-.08 Business Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To retain those records which
indicate the origin of any onions produced, packaged, processed,
distributed, or sold as Vidalia onions.
Persons Affected: All persons producing,
packaging, processing, distributing, or selling onions as Vidalia
onions.
Retention Period: A period of four years.
Related Code Sections: O.C.G.A. Section
2-14-130.
Citation: Rule 40-7-16-.12 Certified
Controlled Atmosphere Storage.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain records for each
storage cycle, containing (but not limited to): (1) the name of
the storer; (2) the producer's name and address (if other than
the storer); (3) the location of the storage facility; (4) a
diagram of the facility relating to controlled atmosphere storage
units; (5) the date of inspection by the Department of
Agriculture; (6) the date the Vidalia onions entered storage; (7)
the volume of Vidalia onions stored by weight, bushel count, or
bin count; (8) the date the onions are to be removed; (9) the
volume of onions removed from storage by weight or bushel county;
(10) copies of invoices from the sale of stored onions; and (11)
the seal numbers used to seal the storage facility.
Persons Affected: Any person involved in the
production, packaging, holding, storage, distribution, and sales
of Vidalia onions who desires to stores, by such means, Vidalia
onions for the purpose of introduction into commerce following
September 15th of the year in which the onions were produced.
Retention Period: A period of two (2) years.
Related Code Sections: O.C.G.A. Section
2-14-130.
Citation: Rule 40-7-16-.13 Containers.
Regulating Agency: Commissioner of Agriculture.
Requirement: (1) To maintain records indicating
the quantity of Vidalia onion containers produced and the persons
to whom sold or shipped; and (2) to maintain records indicating
the number of Vidalia onion containers purchased and disposition
or use of those containers.
Persons Affected: With respect to (1) above,
manufacturers of Vidalia onion containers. With respect to (2)
above, each person who produces or packages onions as Vidalia
onions.
Retention Period: A period of four years.
Related Code Sections: O.C.G.A. Section
2-14-130.