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HBill.html
03 LC 25 3084
House Bill
648 By: Representatives Ray of the 108th,
Purcell of the 122nd, James of the 114th, Black of the
144th, Jenkins of the 93rd, and others
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 poultry
production contracts and practices related thereto; to provide for remedies,
enforcement, and penalties; to define certain terms; 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 poultry' or 'production of
poultry' 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 an 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 in this
state.
2-22-2. (a) Any
production contract entered into, renewed, or amended on or after the effective
date of this chapter shall not be valid or binding
unless: (1) The producer has been afforded the
opportunity to have the proposed contract reviewed outside the business premises
of the active contractor or processor or its agents by an attorney or adviser of
the
producer´s
choosing for at least three business days prior to execution;
(2) The contract is written in plain English;
and (3) The contract quotes the provisions of
subsection (b) of this Code section. (b)(1) The
producer shall have a right to cancel a production contract until 12:00 Midnight
of the third business day after the day on which the producer signs the
contract. (2) Notice of cancellation under this
subsection shall be given in writing to the active contractor or processor at
the place of business as set forth in the production contract by certified mail
or statutory overnight delivery, return receipt requested, which shall be posted
not later than 12:00 Midnight on the third business day following execution of
the production contract. (3) In the event of
cancellation pursuant to this subsection, the producer shall refund to the
active contractor or processor within ten days after the cancellation any
consideration received by the producer from the active contractor or processor
under the production contract. (4) Notice of
cancellation given by the producer need not take any particular form and,
however expressed, is effective if it indicates the intention of the producer
not to be bound by the production
contract.
2-22-3. Any
processor shall provide to any producer upon request thereby any statistical
information and data used to determine compensation paid to such producer under
a production contract, including without limitation feed conversion rates, feed
analyses, origination, and breeder
history.
2-22-4. Any
producer or the designee thereof shall have the right to be present at the
weighing of poultry produced by such producer and observe the weights and
measures used to determine compensation due the producer under a production
contract.
2-22-5. (a)
Violations of the provisions of Code Section 2-22-3 or 2-22-4 shall be subject
to the same civil remedies and in the same manner as provided by Part 2 of
Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,'
for persons whose business or property has been injured or damaged as a result
of an unfair or deceptive act or practice in violation of subsection (a) of Code
Section 10-1-393. (b) The provisions of Code Section
2-22-3 or 2-22-4 may be enforced by the Commissioner in the same manner as
provided by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business
Practices Act of 1975,' for enforcement of the provisions of said part by the
administrator of consumer affairs against a person reasonably appearing to have
engaged in unfair or deceptive act or practice in violation of subsection (a) of
Code Section 10-1-393, and the superior courts may grant injunctive relief and
impose the same civil penalties for violations of injunctions as provided in
said part."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.
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