Rule 40-12-6-.01 - Scope of Arbitration(1) Pursuant to Code section 2-11-70, arbitration of complaints of seed and commercial fruit and nut tree purchasers against seed and commercial fruit and nut tree sellers relating to the quality and performance of the seed and the identity of the variety of fruit and nut trees is mandatory as a prerequisite to the purchaser's right to maintain a legal action against the seller. The Seed Arbitration Council, as established in Code section 2-11-74, shall investigate, hold informal hearings, make findings and render recommendations in the nature of arbitration proceedings where damages suffered by seed and commercial fruit and nut tree purchasers are caused by the alleged failure of the seed to perform as represented or to conform to the description of the labeling thereof as required by law or to be the variety of fruit or nut tree represented by the seller. Pursuant to Code section 2-11-76, findings and recommendations of the Council are not required to be accepted by either the purchaser or seller of seed or commercial fruit or nut trees and are not admissible as evidence in litigation. However, in any litigation involving a complaint which has been the subject of arbitration, any party may introduce Arbitration Council investigations and proceedings as the court may see fit.(2) For the purpose of Seed Arbitration, "seed" is defined as stated in the Georgia Seed Law, Code section 2-11-21.(3) For the purposes of Chapter 40-12-6 concerning commercial fruit and nut tree arbitration, the application of the term "seed" shall also apply to commercial fruit and nut trees.(4) The use of a disclaimer or denial of warranty clause on any invoice, advertisement, label or labeling, or any other written, printed or graphic matter used in conjunction with the distribution of any seed shall not relieve or exempt any person from any provisions of seed arbitration according to the Georgia Seed Law.Ga. Comp. R. & Regs. R. 40-12-6-.01
O.C.G.A. Sec. 2-11-77.
Original Rule entitled "Scope of Arbitration" adopted. F. Dec. 9, 1994; eff. Dec. 29, 1994.Repealed: New Rule, same title, adopted. F. Jun. 4, 1997; eff. July 1, 1997, as specified by the Agency.