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SB489.html
02 LC 9 1173
Senate Bill
489
By: Senators Beatty of the 47th, Tanksley of the
32nd, Hamrick of the 30th and Thomas of the 54th
A BILL TO BE
ENTITLED
AN ACT
To amend Title 2 of the Official Code of Georgia Annotated,
relating to agriculture, so as to provide for the regulation of certain
agricultural production contracts; to provide for definitions; to provide for
applicability; to prohibit the inclusion of certain terms and conditions in such
contracts; to prohibit certain unfair practices and conduct to provide for civil
penalties; to provide for criminal penalties; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating
to agriculture, is amended by adding at the end thereof a new Chapter 22 to read
as follows:
"CHAPTER
22
2-22-1.
As used in this
chapter, the term:
(1) 'Active contractor' means a
person who owns poultry that is produced by a contract producer at the contract
producer´s contract operation according to a production
contract.
(2) 'Contract producer' means a producer who
holds a legal interest in a contract operation and who produces poultry under a
production contract at that contract operation.
(3)
'Processor' means a person engaged in the business of manufacturing goods from
poultry, including by slaughtering or processing
poultry.
(4) 'Produce' means to provide feed or
services relating to the care and feeding of
poultry.
(5) 'Producer' means a person who produces
poultry, including, but not limited to, a contract producer. 'Producer' does not
include a feed supplier or a veterinarian when acting in such
capacity.
(6) 'Production contract' means a written
agreement executed by an active contractor or processor that provides for the
production of poultry or the provision of management services relating to the
production of poultry by a contract
producer.
2-22-2.
A
production contract must be in writing. No production contract executed or
substantially amended on or after July 1, 2002, shall require binding
arbitration as a method for resolution of disputes concerning the terms and
conditions of the contract. Any such production contract or amendment thereto
executed on or after such date which contains a requirement for binding
arbitration shall be void and
unenforceable."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.