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Notice of Intent to Consider the Adoption of Amendments to the Rules relating to Operation of State Farmers' Markets in the State of Georgia

February, 26, 2008

Notice of Intent to Consider the Adoption of Amendments to the Rules relating to Operation of State Farmers’ Markets in the State of Georgia.

TO ALL INTERESTED PERSONS AND PARTIES:

Notice is hereby given that the Georgia Department of Agriculture, Marketing Division, will consider the adoption of the proposed rules to amend Chapter 40-9, relating to operation of State Farmers’ Markets in the State of Georgia, promulgated under the Georgia Marketing Act of 1981, as amended (O.C.G.A. § 2-10-50, et seq.) on March 28, 2008, between the hours of 8:00 a.m. and 12:00 noon (no hearing is scheduled at this time), in Room 324 of the Agriculture Building, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia.

SYNOPSIS, MAIN FEATURES AND DIFFERENCES:

It is proposed that Rule 40-9-2-.04 (1) be amended by removing wording that allows for the sale of up to 10 percent cull produce and that prohibits price deductions for the percentage of cull produce.  This wording will be replaced by a description of quality levels for produce allowed for sale on the market.  The changes to this rule are necessary in order to restrict the sale of below grade produce on the farmers’ markets.

It is further proposed that Rule 40-9-7-.04 (13), Local Operating Rules, also be amended to remove the reference to the 1956 Cull Law. This change is necessary because there is no record of the 1956 Cull Law.

Interested persons may call to request a copy of the proposed rules or may submit written request to:

   Mr. Robert A. Harris, Assistant Commissioner—Marketing Division
   Georgia Department of Agriculture
   19 Martin Luther King, Jr. Drive
   Atlanta, Georgia 30334
   Telephone Number: 404-656-3368
   FAX Number: 404-656-9380

Written comments must be received no later than the close of business (4:30 p.m. EDT) on March 27, 2008. You may download a copy of the synopsis and the proposed rules from the Georgia Department of Agriculture website at www.agr.state.ga.us.  This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. §50-13-4.