Georgia Seed Law Amended to Protect Commercial Fruit and Nut Growers
Darrell Sparks
Department of Horticulture
University of Georgia
Athens, Ga 30602
Shortly after vegetative propagation of pecans began, mix-up of pecan varieties/cultivars by nurserymen became a problem. One of the first recorded cases was with the Teche variety which was a seedling mistaking propagated as Frotscher. Variety mix-up remains a problem today.
During the 1996 session of the Georgia General Assembly, Georgia Seed Law was amended to protect commercial fruit and nut growers. The amended law was approved in 1996 and becomes effective on July 1, 1997. Portions of the law amended to protect fruit and nut growers are included here and are taken directly from Section 3, Article 4 of Senate Bill 583 in the 1996 General Assembly. References to seed have been deleted here. Those interested in the law in its entirely should consult the Official Code of Georgia Annotated 2-11-70.
Code Section 2-11-70.
(a) The intent and purpose of this article are to provide a method for assisting farmers, persons purchasing commercial fruit and nut trees, and persons selling commercial fruit and nut trees in determining the validity of complaints of commercial fruit and nut tree purchasers against commercial fruit and nut tree sellers relating to the identity of the variety of fruit and nut trees by establishing a committee to investigate, hold informal hearing, make findings, and render recommendations in the nature of arbitration proceedings where damages suffered by commercial fruit and nut trees purchasers are caused by alleged failure to conform to the description on the labeling thereof as required by law or to be the variety of fruit or nut tree represented by the seller.
Code Section 2-11-73.
(a) Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a perquisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail.
c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint.
d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint.
Code Section 2-11-76.
a) After completion of the informal hearing by the council, a report of findings and recommendations shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but not limited to, the following:
(1) That no action be taken;
(2.1) That money damages be paid to the purchaser of a commercial fruit or nut tree or trees as a result or trees as a result of the alleged failure of the tree or trees to be the variety represented to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees;
(4) Such other recommendations found by the council to be fair and equitable to the parties.
The bill to amend the Georgia Seed Law was sponsored by Representative Robert Ray, Fort Valley, Georgia. In addition to being a Representative, Mr. Ray is a pecan and peach grower.
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