Georgia Code, Volume 08, 2013 Supplement

2013·13.8 MB·English

by  State of Georgia

OFFICIAL CODE OF GEORGIA
ANNOTATED
2013 Supplement
IncludingActs ofthe 2013 Regular Session ofthe General Assembly
Prepared by
The Code Revision Commission
The Office ofLegislative Counsel
and
The Editorial StaffofLexisNexis®
Published Under Authority ofthe State of Georgia
Volume
8
2009 Edition
Title 10. Commerce and Trade
IncludingAnnotations to the Georgia Reports
and the GeorgiaAppeals Reports
Place in Pocket of Corresponding Volume of
Main Set
LexisNexis®
Charlottesville, Virginia
Copyright © 2010—2013
BY
The State of Georgia
All rights reserved.
ISBN 978-0-327-11074-3 (set)
ISBN 978-1-4224-5437-4
5012830
(Pub.41805)
THIS SUPPLEMENT CONTAINS
Statutes:
All laws specifically codified by the General Assembly ofthe State of
Georgia through the 2013 Regular Session ofthe General Assembly.
Annotations of Judicial Decisions:
Case annotations reflecting decisions posted to LexisNexis® through
March 29, 2013. These annotations will appear in the following tradi-
tional reporter sources: Georgia Reports; Georgia Appeals Reports;
Southeastern Reporter; Supreme Court Reporter; Federal Reporter;
Federal Supplement; Federal Rules Decisions; Lawyers' Edition;
United States Reports; and Bankruptcy Reporter.
Annotations ofAttorney General Opinions:
Constructions ofthe Official Code ofGeorgia Annotated, prior Codes
ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti-
tution of the United States by the Attorney General of the State of
Georgia posted to LexisNexis® through March 29, 2013.
OtherAnnotations:
References to:
Emory Bankruptcy Developments Journal.
Emory International Law Review.
Emory Law Journal.
Georgia Journal of International and Comparative Law.
Georgia Law Review.
Georgia State University Law Review.
Mercer Law Review.
Georgia State Bar Journal.
Georgia Journal ofIntellectual Property Law.
American Jurisprudence, Second Edition.
American Jurisprudence, Pleading and Practice.
American Jurisprudence, ProofofFacts.
American Jurisprudence, Trials.
Corpus Juris Secundum.
Uniform Laws Annotated.
American Law Reports, First through Sixth Series.
American Law Reports, Federal.
Tables:
In Volume 41, a Table Eleven-A comparing provisions of the 1976
Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table
Eleven-B comparing provisions ofthe 1983 Constitution of Georgia to
the 1976 Constitution ofGeorgia.
An updated version of Table Fifteen which reflects legislation
through the 2013 Regular Session ofthe General Assembly.
iii
Indices:
^('''^'W-
A cumulative replacement index to laws codified in the 2013 supple-
ment pamphlets and in the bound volumes ofthe Code.
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IV
.
TITLE 10
COMMERCE AND TRADE
Chap.
1 Selling and Other Trade Practices, 10-1-1 through 10-1-915.
2. Weights and Measures, 10-2-1 through 10-2-54.
4. Warehousemen, 10-4-1 through 10-4-215.
5. Georgia Uniform Securities, 10-5-1 through 10-5-90.
5A. Commodities and Commodity Contracts and
Options, 10-5A-1 through 10-5A-31.
6. Agency, 10-6-1 through 10-6-142.
10. Seed-Capital Fund, 10-10-1 through 10-10-20.
14. Cemetery and Funeral Services, 10-14-1 through 10-14-30.
CHAPTER
1
SELLING AND OTHER TRADE PRACTICES
Article 8 Sec.
Sale ofPetroleum Products, Brake 10-1-188. Certified analyses as evi-
Fluid, andAntifreeze dence [Repealed].
Part 1 Part 3 .; ; ,,,!
Antifreeze
Petroleum Products
10-1-202.1. Addition of denatonium
Sec.
10-1-157. Collecting and testing sam- benzoate to certain anti-
ples of petroleum products; freeze; applicability; limita-
rules and regulations. tion on civil and criminal
10-1-159. Inspectionofself-measuring liability.
pumps; sealing accurate 10-1-203. Inspection of antifreeze
pumps; condemnation ofin- samples; annual license to
accurate pumps; rules and sell.
regulations. 10-1-206. List of inspected and li-
10-1-161. No fee for gasoline or kero- censed brands; advertising
sene inspection [Repealed]. references to licensing.
10-1-208. Certified analyses as evi-
Part 2 dence [Repealed].
Brake Fluid Article 14
10-1-187. Rules and regulations; pow- Secondary Metals Recyclers
ers of Commissioner's
agents; list ofinspected and 10-1-350. Definitions.
licensedbrands; advertising 10-1-351. Verifiable documentation
oflicensing. •< required.
2013 Supp.
>
T.IO, C.l COMMERCE AND TRADE T.IO, C.l
Sec. Sec.
10-1-352, Requirements for purchase 10-1-393.4. Pricing practices during
ofburial objects. state ofemergency.
10-1-352.1. Redesignated. 10-1-393.5. Prohibited telemarketing,
10-1-353. Record of transaction; false Internet activities, or home
statements in required affi- repair.
davits transactions; penalty 10-1-393.11. Display of disclosure state-
for making false statement ment concerning kosher
in execution ofaffidavit. foods; required information;
10-1-354. Inspections by law enforce- exception.
ment officers. 10-1-393.12. Definitions; contract with
10-1-355. Conditions and limitations residential roofing contrac-
on payments for regulated tor.
10-1-393.13. Oversight by administrator
metal property; exception
of certain telemarketing
for transaction between
practices; definitions; con-
business entities.
duct by telephone solicitors;
10-1-356. Hold on regulated metal
class actions.
property believed to be sto- 10-1-396. Acts exempt from part.
len; notice; release ofhold.
10-1-397. Authority of administrator
10-1-357. Contesting identification or to issue cease and desist or-
ownership of regulated
der or impose civil penalty;
metal property; action to re-
judicial relief; receivers.
cover property.
10-1-358. Purchases of regulated Article 16
metal property exempted Trademarks, Service Marks, and
from application ofarticle. Trade Names
10-1-359. Prohibited acts.
10-1-359.1. Registration of secondary Part 1
metals recycler; electronic Registrationand Use of Trademarksand
database; authorityofsher- — Service Marks
iff; penalty for violation.
10-1-359.2. Penalties for violations. 10-1-444. Registration ofmarks.
10-1-359.3. Items declared contraband;
Article 21
forfeiture ofcontraband.
10-1-359.4. Comprehensive nature of Buying Services
this article; authority of lo-
10-1-594. Application for license; re-
calities.
newal; fee.
10-1-359.5. (Foreffective date, see note) —
Required information from Article 22
secondary metals recyclers; MotorVehicle Franchise Practices
role of Georgia Bureau of
Investigation. Part 1
Article 15 General Consideration
Deceptive or Unfair Practices 10-1-622. Definitions.
10-1-623. Action for violation of arti-
Part 2 cle; punitive damages; equi-
Fair Business PracticesAct table relief; standing;
venue.
10-1-392. Definitions; when inten- 10-1-624. Persons subject to article;
tional violation occurs. written instruments violat-
: j;
10-1-393. Unfair or deceptive prac- ing article void; franchisor's
T
tices in consumer transac- /',"'.-r-'i,. use of subsidiary to accom-
tions unlawful; examples. plish illegal act.
2013 Supp.
T.IO, C.l SELLINGAND OTHER TRADE PRACTICES 10-1-33
Sec. Sec.
;
10-1-627. Waiver of article void; vol- grounds; notice; dealercosts
untary releases valid. reimbursed by franchisor;
p^jjrp 3 applicability to distributors.
Motor Vehicle Warranty Practices
p^^,p 5
10-1-641. Dealer's predelivery prepa-
ration, warranty service, ^^tor Vehicle Fair Practices
and^recall work obligations
10-I-66I. "Coerce"defined; delivery of
troecobveerp^yro01vricdoestd,s.in writing^; m01^ortl.,aocriltiv,te.ih.ei.sc;l.te.sr;anmsofrdeijr-f0^i1rcasta^'ilioens
Part 4 contracts; warranties.
Motor Vehicle Franchise Continuationand 10-1-662. Unlawful activities by fran-
SuccESSiON chisors.
10-1-651. Termination of franchise;
ARTICLE
1
RETAIL INSTALLMENT AND HOME SOLICITATION SALES
10-1-2. Definitions; construction.
—
Cross references. Finished goods
v ?
defined for purposes of Level 2 Freeport
Exemption, § 48-5-48.6.
ARTICLE 2
MOTOR VEHICLE SALES FINANCING '
10-1-31. Definitions; construction.
—
Lawreviews. Forarticle, "El—eventh "The Over-EncumberedTrade-ininChap-
Circuit Survey: January 1, 2008 De- ter 13," see 29 Emory Bankr. Dev. J. 15
cember31, 2008:Article: Bankruptcy,"see (2012).
60 MercerL. Rev. 1141 (2009). Forarticle,
. . .
10-1-33. Finance charge limitations; assignment of contract.
—
Law reviews. For article, "Bank- Step Forward," see 3 Bank. Dev. J. 127
ruptcy Jurisdiction Under the 1984 (1986).
Amendments: One Step Backward, One
RESEARCH REFERENCES
—
ALR. Preemptive effect ofTruth in ''- v "T *
LendingAct (TILA) 61 ALR Fed. 2d 505.
2013 Supp.
10-1-36 COMMERCE AND TRADE 10-1-155
10-1-36. Disposition of motor vehicle repossessed after default;
right to recover deficiency.
JUDICIAL DECISIONS
Analysis
Notice
Notice with the requirement under O.C.G.A.
Compliance with notice require- § 10-l-36(a) to mail a notice to the debt-
ments. or's designated address or the address in
Creditor's notice ofan intention to seek the contract. Shell v. Tidewater Fin. Co.,
a deficiencyjudgment sent to the debtors 318 Ga. App. 69, 733 S.E.2d 375 (2012).—
was sufficient.Although the certified mail Notice not required in car lease.
receipt did notindicate the date the letter Lessor was not required to comply with
was sent, the creditor's agent gave a the notice provisions of O.C.G.A.
sworn statement based on personal §§ 10-1-36 and 11-9-504 because the mo-
knowledge that the letter was sent two torvehicle lease agreement the lessor en-
days after the car was repossessed, and tered intowith the lessee was intended to
the address used was current and correct, be atruelease andnottoevince asecured
although it was not the address listed in transaction; the lessor retained a mean-
thesalescontract.Verseyv. CitizensTrust ingful reversionary interest in the car
Bank, 306 Ga. App. 479, 702 S.E.2d 479 because the option price was more than
(2010). nominal since the purchase option price
Trial court erred by granting summary was approximately one-third of the car's
judgment to a finance company in the value, and the agreement contained no
company's suit against a debtor to collect provision purporting to grant the lessee
a deficiency from the sale ofthe debtor's equity in the vehicle prior to exercise of
repossessed vehicle because there was a the purchase option. Aniebue v. Jaguar
genuine issue of material fact as to Credit Corp., 308 Ga.App. 1, 708 S.E.2d4
whether the finance company complied (2011).
ARTICLE 8
SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND
ANTIFREEZE
"''; Part 1
^ '
Petroleum Products
10-1-155. Rules and regulations; specifications for petroleum
products; penalty for violations.
JUDICIAL DECISIONS
CitedinCiscov. State, 285Ga. 656,680
S.E.2d 831 (2009).
4 2013 Supp.
10-1-157 SELLINGAND OTHER TRADE PRACTICES 10-1-159
10-1-157. Collecting and testing samples ofpetroleum products;
rules and regulations.
The Commissioner ofAgriculture shall, from time to time, collect or
cause to be collected samples of all petroleum products subject to
regulation under this partwhich are sold, offered, or exposed for sale in
this state and cause such samples to be tested or analyzed by the state
oil chemist. The Department of Agriculture shall have the power to
implement rules and regulations necessary to carry out inspection of
gasoline samples as provided for by this Code section. (Ga. L. 1927, p.
279, § 13; Code 1933, § 73-218; Ga. L. 1960, p. 1043, § 13; Ga. L. 2010,
p. 9, § 1-23/HB 1055; Ga. L. 2011, p. 99, § 12/HB 24.)
—
The 2010 amendment, effective May Editor's notes. Ga. L. 2011, p. 99,
12, 2010, added the last sentence. § 101/HB 24, not codified by the General
The 2011 amendment, effective Janu- Assembly, provides that the Act shall ap-
ary 1, 2013, deleted the former second plyto anymotionmade orhearingortrial
sentence,whichread: "The state oil chem- commenced on or af—ter January 1, 2013.
ist shall certify, underoath, an analysis of Law reviews. For article, "Evi-
each such sample and such certificate dence," see 27 Ga. St. U. L. Rev. 1 (2011).
shallbe competentevidence ofthe compo- poj. article onthe 2011 amendmentofthis
sition of such petroleum product in any Code section, see 28 Ga. St. U. L. Rev. 1
legal proceeding." See editor's note for (2011)
applicability.
10-1-159. Inspection of self-measuring pumps; sealing accurate
pumps; condemnation ofinaccurate pumps; rules and
regulations.
(a) It shall be the duty ofthe inspectors provided for in this part to
familiarize themselves with the accuracy and adjusting devices on the
various makes ofself-measuring pumps in use; and they shall carefully
inspect all of such pumps located in the territory assigned to them.
(b) All such pumps found to be giving accurate measure within the
tolerance establishedbyregulations ofthe Commissioner ofAgriculture
shallhave the adjustingdevice sealedwith an official lead andwire seal
applied by an inspector duly authorized by the Commissioner of
Agriculture in such a manner that the adjustment cannot be altered
without breaking the seal. -
> > ?
(c) If any pump shall be found to be giving inaccurate measure in
excess ofthe tolerance established by regulations ofthe Commissioner
ofAgriculture, the inspector shall then and there notify the operator of
the pump, whether ownerorlessee, to make the necessary adjustments,
the inspectorto lendhis assistancewiththe standard measure provided
for testing such pumps. After the adjustments have been made, the
adjusting devices shall be sealed in the manner provided for those
pumps found originally accurate. The inspector shall notify the opera-
2013 Supp. B
)
10-1-159 COMMERCE AND TRADE 10-1-159
tor, whether owner or lessee, of every pump that apparently has been
altered for the purpose ofgiving short measure in excess ofeight ounces
on a measure offive gallons or that cannot be adjusted within a range
ofeight ounces, either over or under, on a measure offive gallons that
it must immediately be adjusted, the inspector to lend his assistance
with the standard measure for testing such pumps. Should the operator
fail or refuse to then and there make such adjustments as shall be
necessary to bring the measure within the allowed variation, the same
shall be condemned and rendered inoperable immediately by the
inspector examining the same; and such pump shall not again be
operated without the written consent of the Commissioner ofAgricul-
ture. Inspectors shall be required to report to the Commissioner of
Agriculture immediately the name and number of all pumps con-
demned and rendered inoperable.
(d) When any pump shall be condemned under this part by any
inspector, it shall be the duty of the inspector immediately to make
affidavit before thejudge ofthe probate court ofthe county inwhich the
pump is located that the pump is being operated by the person who
shall be named in the affidavit, contrary to law. Thereupon thejudge of
the probate court shall issue an order to the person named in the
affidavit to show cause before him on the day named in the order, not
more than ten days nor less than three days from the issuance ofthe
order, why the pump should not be confiscated and dismantled. On the
day named in the order, it shall be the duty ofthejudge ofthe probate
court to hear the respective parties and to determine whetherornot the
pump has been operated contrary to the provisions ofthis part. Ifthe
judge of the probate court shall find that the pump has been so
operated, he shall forthwith issue an order adjudging the pump to be
forfeited and confiscated to the state and direct the sheriffofthe county
to dismantle the pump and take it into his possession, and, after ten
days'notice by posting orpublication, as the court maydirect, to sell the
pump to the highest bidder for cash. The proceeds of sale, or as much
thereofas maybe necessary, shallbe usedbythe sheriff, first, to paythe
costs, which shall be the same as in cases ofattachment, and the sheriff
shall thereupon pay over and deliver the residue, if any, to the person
from whose possession the pump has been taken.
; .,
(e) It shall be unlawful to install or operate any self-measuringpump
which can be secretly manipulated in such manner as to give short
measure. Such inaccurate self-measuring pump shall be condemned as
provided inthis Code section, and thereafterit shall be unlawful for any
personto sell anykerosene orgasoline from suchpump until suchpump
has been made or altered to comply with this part and has been
inspected and approved for service by the inspector.
(f It shall be unlawful for anyone to break a seal applied by an
inspector to a pump without first securing consent ofthe Commissioner
6 2013 Supp.