Compilation of Rules and Regulations of the State of Georgia Department 472 - AGRICULTURAL COMMODITY COMMISSION FOR PECANS
Here’s a refined and structured compilation of Georgia Department 472 – Agricultural Commodity Commission for Pecans, current through May 29, 2025:
📜 Administrative History
Chapter 472‑1 (“Marketing Order for Pecans”) consists of Rules 472‑1‑.01 through .14, originally filed June 15, 1995 and effective September 1, 1995 (rules.sos.state.ga.us).
Rules .09 and .10 (Method of Finance & Collection) were amended June 16, 2014, and became effective August 1, 2014 (rules.sos.state.ga.us).
📌 Chapter 472‑1: MARKETING ORDER FOR PECANS
Rule 472‑1‑.01 – Product Affected
Applies to pecans (rules.sos.state.ga.us, public.fastcase.com).
Rule 472‑1‑.02 – Area of Production Affected
Entire State of Georgia (rules.sos.state.ga.us).
Rule 472‑1‑.03 – Scope of Operation
Commission activities include research (production & marketing), promotion, and education (rules.sos.state.ga.us).
Rule 472‑1‑.04 – Extent of Operation
Internal discretion within statutory limits to determine activities and expenditures (rules.sos.state.ga.us).
Rule 472‑1‑.05 – Term of Operation
Initially set for September 1, 1995 – August 31, 1998, renewable as per law (rules.sos.state.ga.us).
Rule 472‑1‑.06 – Method of Approval
Approval via referendum among affected producers, in accordance with O.C.G.A. §2‑8‑23 (rules.sos.state.ga.us).
Rule 472‑1‑.07 – Time for Approval
Commission sets a 30‑day referendum period following a public hearing (rules.sos.state.ga.us).
Rule 472‑1‑.08 – Affected Producers
Applies to producers with 30+ acres of pecan trees planted in a grove-like manner, selling in-state or out-of-state (rules.sos.state.ga.us).
Rule 472‑1‑.09 – Method of Finance
Funded by $0.01/lb assessment on in-shell pecans, effective August 1, 2014, until suspended (rules.sos.state.ga.us).
Commission may borrow against anticipated collections (rules.sos.state.ga.us).
Rule 472‑1‑.10 – Method of Collection
Handled by first-handlers who deduct assessments and remit to the Commissioner of Agriculture; includes audit/report mechanisms (rules.sos.state.ga.us).
Rule 472‑1‑.11 – Administration & Enforcement
Commissioner of Agriculture is responsible for enforcing levy/assessment provisions (rules.sos.state.ga.us).
Rule 472‑1‑.12 – Expenditure of Funds
Commission empowered to spend funds for its operations—including staffing, committees, boards, advisors (regulations.justia.com).
Rule 472‑1‑.13 – Contracts
Commission may enter contracts to fulfill its duties under the Order (rules.sos.state.ga.us).
Rule 472‑1‑.14 – Records
Affected persons must maintain accurate production/sales records and allow Commissioner audits/inspections (public.fastcase.com, rules.sos.state.ga.us).
🧭 Summary Table
| Rule | Title | Key Points |
|---|---|---|
| .01 | Product Affected | Pecans |
| .02 | Area of Production | Entire Georgia |
| .03 | Scope of Operation | Research, Promotion, Education |
| .04 | Extent of Operation | As determined by Commission |
| .05 | Term of Operation | 1995–1998, renewable |
| .06–.07 | Approval Process | Referendum by producers |
| .08 | Affected Producers | ≥30 acres grove-style |
| .09 | Financing Mechanism | $0.01/lb levy, borrow option |
| .10 | Collection Procedure | Via first-handlers to Commissioner |
| .11 | Administration | Enforced by Ag Commissioner |
| .12 | Fund Expenditure | Staffing, committees, advisory |
| .13 | Contracts | Commission may contract |
| .14 | Recordkeeping | Mandatory records & audits |
📘 How to Access Full Text
Download official PDFs via Georgia Secretary of State – Rules portal (rules.sos.state.ga.us, rules.sos.ga.gov, law.cornell.edu).
See consolidated content on legal sites like Justia and LII (law.cornell.edu).
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