Opinion AGO 95-18.

• Case Date: April 21, 1995
• Court: Georgia

Georgia Attorney General Opinions 1995. Opinion AGO 95-18. April 21, 1995OFFICIAL OPINION 1995-18To: Assistant Commissioner Georgia Department of AgricultureRe: Absent a constitutional amendment, a program to assess the testing of equines for equine infectious anemia cannot be established under the authority of the Georgia Agricultural Commodities Promotion Act or through statutory amendment thereto.This responds to your memorandum dated March 20, 1995 to this office, wherein you request an opinion on whether an assessment program could be established in this state pursuant to the Georgia Agricultural Commodities Promotion Act (Act) for the purposes of equine research, promotion, and educational activities. You state in your memorandum that the equine industry desires to establish an Equine Commission to collect an assessment on each equine tested for Equine Infectious Anemia. You further state that state regulations presently require such test on an equine which changes ownership, is assembled for exhibitions, rodeos, trail rides, etc., or which moves in or out of the state. The Act authorizes the establishment of commodity commissions for the purpose of promoting agricultural commodities, including livestock. O.C.G.A. § 2-8-1 et seq. Such promotion is carried out under authority of marketing orders and is financed through assessments on the sale of such agricultural commodities. O.C.G.A. §§ 2-8-22, -8-27. Article VII, Sec...