Terms & Conditions
Georgia Grown Licensing Agreement
This agreement made this day by and between the GEORGIA DEPARTMENT OF AGRICULTURE, State of Georgia government entity, Agriculture Building, Capitol Square, Atlanta, Georgia 30334, (hereinafter referred to as “LICENSOR”) and __________________________________, (hereinafter “LICENSEE”).
WHEREAS, LICENSOR has caused to be registered the words “GEORGIA GROWN” as a U.S. Certification Mark (sometimes hereinafter referred to as “Mark”) with the Commissioner of Patents and Trademarks of the United States of America and owns all right, title and interest to the use thereof on or in connection with the permission to promote Georgia Grown products; and
WHEREAS, LICENSEE produces, processes, markets and/or sells Georgia grown products of which such products are solely made, grown, sold, marketed, and/or produced in Georgia and from no other country or state and in accordance with the terms and conditions of use of the Georgia Grown certification mark; and
WHEREAS, LICENSEE desires to obtain a license to be authorized for limited use of the Mark in connection with the said products made, grown, sold, marketed, and/or produced in Georgia, and LICENSOR is willing to grant such limited license to Licensee in accordance with the terms and conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the mutual covenants and agreements to be kept and performed as hereinafter recited, the parties agree as follows:
- GRANT. Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable right to use the “Georgia Grown” Mark in connection with the making, growing, selling, promotion, marketing, and producing of Georgia products. This license and the right to use hereunder is effective only as long as such products meet the quality and quantity standards of this Agreement and Licensee complies with all of the terms, conditions and reporting requirements of this Agreement, or until sooner terminated hereunder.
- TERM. The term of this Agreement shall be for one year from the date of application.
- QUALITY. The nature and quality of the goods sold by Licensee in connection with the mark shall conform to any standards which may be set from time to time by the Licensor. Licensee agrees to cooperate with the Licensor by permitting reasonable inspection of the Licensees operation and shall supply to Licensor with specimens of use of the Mark upon request. The Licensee agrees not to use the Mark on goods sold or marketed as products from another country or state or as products from a city or region outside of Georgia unless prior written authorization is granted by Licensor.
- USE. Licensee represents, covenants, and agrees that it will use the Mark only in the form and manner approved by the Licensor and will not use the Mark in combination with or close proximity to any other trademarks, service marks or certification marks, without the prior written approval of Licensor. Licensee agrees to use the Mark only in the form and manner, and with appropriate legends, as prescribed from time to time by the Licensor.
- RIGHT, TITLE, AND INTEREST. By acceptance of this Agreement, Licensee acknowledges that the Licensor owns all rights, title and interest to the use to said Mark and that Licensee has no right, title or interest in the Mark other than the right to use the Mark in accordance with this Agreement. Licensee agrees that it will not, during the term of this Agreement, or thereafter, attack the title or any rights of Licensor in and to the Mark, as registered or otherwise used or claimed by Licensor, or attack the validity of this Agreement or any part hereof. Further, Licensee will not do anything inconsistent with such ownership and that all use of the Mark has, does and shall inure to the benefit of and be on behalf of the Licensor.
- ENDORSEMENT. Licensee agrees that it will not use any statement of affiliation or endorsement by the Licensor or the State of Georgia in selling, advertising, marketing, packaging or other commercial handling of Georgia Grown products or operating Georgia Grown restaurants.
- ASSIGNABILITY. This Agreement is not assignable and Licensee shall have no right to grant sublicenses hereunder. Any attempts by Licensee to assign or grant sublicenses or otherwise transfer Licensee’s right under this Agreement will be in violation of this Agreement. More than ten percent (10%) change in the ownership of any Licensee (including 10% change in stock ownership) shall constitute a transfer.
- TERMINATION. Licensor may terminate this Agreement by giving written notice to Licensee if Licensee breaches any provision of this Agreement and Licensee fails to correct such breach within thirty (30) days of being notified thereof by Licensor. Upon termination of this Agreement, all the rights and privileges herein granted to Licensee shall cease and terminate and Licensee shall immediately cease to use the Mark in any manner whatsoever and no products, containers, packaging, labels advertising or publicity material bearing the Mark shall be sold or otherwise publicly distributed. It is expressly provided, however, that any cause of action for infringement of the Mark, or for violation of this Agreement which Licensor may have against Licensee, shall survive the termination of this Agreement, including the right to reasonable attorney’s fees and costs. Further, Licensor’s right to audit Licensee’s records and inventory in connection with products produced, sold, marketed, or manufactured under this agreement prior to termination shall also survive the termination.
- FORM AND COLOR. Upon receipt of the registration fee, signature and approval of this agreement, Licensor shall provide confirmation of registration and copies of the Mark suitable for reproduction. The Mark may not be distorted, skewed, re-colored or otherwise altered in any way.
- ADVERSE DISPLAYS. The Mark may not be used in any manner that adversely affects the Licensor’s ownership rights in and to the Mark, or in any derogatory, scornful, derisive or disparaging manner, in parody, or in other disparaging displays that, in the sole opinion of Licensor, does not portray an image or connotation consistent with that desired by the Licensor.
- NO AGENCY RELATIONSHIP; CONTROL; INDEMNIFICATION. This Agreement does not create any agency, partnership, joint venture, fiduciary or other relationship between the Licensor and Licensee, and neither party has a right, power or authority to represent or bind the other in any manner. Licensor assumes no liability for any claims, injuries or legal cost connected therewith, relating to the manufacture, sales or merchandising by Licensee of products bearing such mark. Accordingly, licensee hereby holds harmless Licensor, it’s officers, agents, and employees, as well as it’s marketing agency, Aztech Graphics, Inc. D/B/A Object 9— which manages the website on behalf of the GDA — for any cliams, injuries or legal cost connected therewith, relating to the manufacture, sales or merchandising by Licensee of products bearing such mark or the use by licensee of the website including issues, loss, theft or disputes arising from purchase transactions (credit card, check or cash) related to Georgia grown licensing fees.
- INFRINGEMENTS. The Licensor makes no promises or warranties whatsoever regarding its rights in the Mark, its right to grant this License for the purposes herein, or that Licensee’s use of the Mark will not violate anyone else’s rights. Licensee proceeds at its own risk. The Licensor shall have the right, in its sole discretion, to prosecute lawsuits against third persons for infringement of Licensor’s rights in the Mark and Licensee agrees to fully cooperate with Licensor in the prosecution of any such suit. Licensee agrees to notify Licensor in writing of any infringements or limitations by third parties of the mark, which may come to Licensee’s attention. Licensee agrees to assist Licensor in enforcement of any rights of Licensor related to any infringement or imitation of the Mark. Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringement or imitation. Licensee agrees to defend, indemnify, and hold Licensor and the State of Georgia, its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Licensor based on Licensee’s use of the Mark. Licensee shall pay for representation for Licensor upon the request the Attorney General for the State of Georgia, who shall have sole discretion in determining said counsel and in appointing said counsel as a Special Assistant Attorney General. The Attorney General shall have ultimate settlement authority of any action brought pursuant to this indemnity. Licensor shall be entitled to receive and retain all settlement amounts and all amounts awarded as damages, profits or otherwise in connection with such suits.
- SEVERABILITY. In the event that any term or provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or provision and this Agreement shall be interpreted and construed as if such term or provision, to the extent the same shall have been held to be invalid, illegal or unenforceable, had never been contained herein.
- COMPLIANCE WITH LAWS AND REGULATIONS. Licensees shall comply with all applicable laws and regulations and obtain all appropriate governmental approval pertaining to the selling, advertising, marketing, packaging, manufacturing or other commercial handling of the products.
- APPLICABLE LAW. This Agreement shall in all respects be interpreted, enforced and governed by the laws of the State of Georgia without regard to the State’s conflict of laws principles, and any actions to enforce the terms of this Agreement shall be commenced within the Superior Court of Fulton County, Georgia. Nothing in the Agreement shall be construed as a waiver of Licensor’s or the State of Georgia’s Eleventh amendment immunity.
- SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assignees.
- NOTICES. All reports, notices and other communications provided hereunder shall be made or given hereunder by either party, by first class mail, postage prepaid, or by overnight delivery service providing proof of delivery, to the mailing address set out below or such other address as such party shall have furnished in writing to the other party in accordance with this section or to such other individuals or at such address as either party hereto may from time to time designate by written notice to the other. Notice sent by first class mail shall be deemed to be received three (3) days after being deposited in the U.S. mail. Notice sent by overnight delivery service shall be deemed received one day after having been sent.
- RELATIONSHIP OF PARTIES. For the purpose of this Agreement and all services to be provided hereunder, both parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other party.
Georgia Grown Content Terms & Conditions
Intellectual Property Rights in the Content on the Website
All recipes, information, graphics, and other material on the Website (Content) is owned or licensed by GDA or one of its affiliates and is protected by United States of America and international laws relating to copyright and trademarks. You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of GDA. You must not edit or otherwise modify copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by GDA.
Terms and Conditions for the Supply of Your Content
- If you send Content to GDA, you agree to be bound by these terms and conditions. Members found to be submitting Content copied from other sites or publications without their permission may have their submissions rejected.
- If you are an existing member of Georgia Grown and have previously submitted recipes or other Content to the Website, in return for GDA continuing to display that Content on the Website, you agree that these terms and conditions apply to that existing Content as well as any new Content that you may submit.
- GDA will determine, at its discretion, whether to publish (or remove from the Website) any of your Content.
- You acknowledge that GDA may use all intellectual property rights in your Content throughout the world, in perpetuity, without restriction and free of charge including publication of that material in hard copy publications or in electronic media, using your Content in advertising and promotional material for GDA and permitting others to do any of these and that any such use does not give rise to any obligation of GDA to make any payment of any kind to you.
- You waive all moral rights in your Content and consent to anything which GDA (or any person permitted to do so by GDA) may do in relation to your Content which would otherwise be in breach of your moral rights.
- GDA may edit your Content in its discretion. We also reserve the right to remove such content as is found to be offensive, unethical or otherwise unacceptable (i.e. “spam”) under terms of the Georgia Grown program or the GDA. Should we find that you are posting unacceptable material, we reserve the right to block you from our site(s).
You warrant that:
- you own your Content and all rights in relation to your Content;
- you obtained your Content in a manner which does not breach any laws or the rights of any person;
- your Content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your Content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- your Content, your provision of your Content to GDA and the use by GDA of your Content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
- your Content, at the time you send it to GDA, contains no virus or other code or material embedded in it which will have a negative impact on GDA’ services or infrastructure;
- your Content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
- you did not forge any TCP/IP packet header or any part of the header information in any email or SMS.
- On providing your Content to GDA for publication in any media, you indemnify GDA and its officers, employees and agents against as well as it’s marketing agency, Aztech Graphics, Inc. D/B/A Object 9 – which manages the website on behalf of the GDA – any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.
Each person using or accessing any part of the Website indemnifies GDA, its affiliated companies, and each of their directors, officers, employees and agents as well as it’s marketing agency, Aztech Graphics, Inc. D/B/A Object 9 – which manages the website on behalf of the GDAagainst any action, claim, loss or expense arising their use of the Website.
GDA and Object 9 excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Website whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
- GDA and Object 9 do not warrant the accuracy of the Content on the Website. The Content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. All Content on the Website may be changed at GDA’s sole discretion and without notice.
- GDA and Object 9 will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Website, subject only to paragraph 6(d).
- GDA and Object 9 do not warrant that functions contained in the Website Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that GDA or the server that makes it available, are free of viruses or bugs.
- Liability of GDA and Object 9, for any breach of a term or condition implied by law is limited at GDA’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
- You indemnify GDA, Object 9 and their affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Website.
GDA does not accept any liability for loss or damages (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of reliance on the Content or any other information incorporated into the Website by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not GDA was aware or should have been aware of the possibility of such damage.
The Content is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of GDA for any breach of a term or condition implied by law is limited, at GDA and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.
Inappropriate Language and Use
The use of inappropriate or offensive language is not permitted on the Georgia Grown forum. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contains racially, ethnically or otherwise objectionable material of any kind.
Topics of discussion that are considered inappropriate on the Georgia Grown forum will be deleted without prior notification. If a thread does not fall into any category provided, it is regarded as inappropriate. We ask that you please be considerate to other members in the forum when posting your messages.
Georgia Grown reserves the right to ban a user at any time, without notice, if it is identified that users continue to post inappropriate threads for discussion on this food & lifestyle forum.
Georgia Grown will not tolerate users expressing forms of bigotry, racism, hatred, or profanity. This includes, but is not limited to, the use of punctuation characters or symbols to simulate swearing. The Georgia Grown forum is designed to be accessed by people of all ages, and foul language will not be tolerated.
We encourage every user to treat every other user with mutual respect. Do not use the Georgia Grown forum to threaten, harass, stalk, or abuse others participating in any discussion.
Georgia Grown does not tolerate disruptive activity online, such as persistent off-color comments and postings or statements that incite others to violate this user agreement or participate in illegal activities.
If you are in doubt as to whether the Content you wish to post is appropriate, please contact the Administrator who can advise you on the issue. You can contact us via email at firstname.lastname@example.org
Member names and user information
Please refrain from choosing offensive usernames and never post a message under another person’s name or pretend to be another person. If you are found to have done so, we will block you from our site(s).
Important note: To avoid spam and unwanted communication you should always exercise judgment when revealing personal information about yourself when you post messages in public forums.
Stay Inside the Law
Georgia Grown does not allow any illegal activities on its forum or Website. You cannot use the forum to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.
Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Georgia Grown is not responsible for any use of anything you say or post.
Georgia Grown does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens and other activities that can be disruptive to online communication.
No Spam – No Selling
Users must not “spam” through Georgia Grown. Spamming includes sending identical and/or irrelevant submissions to many different forum areas or in recipe reviews. Usually such postings have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette.
Georgia Grown reserves the right to ban users at any time for spamming.
Users are permitted to promote their blogs, Facebook or Twitter pages from their Content as long as those pages are personal and recreational and are not for the promotion of a business (unless they have received specific permission to do so).
Georgia Grown wants to ensure that its members and users have a safe, spam-free environment. We thank you for abiding by our guidelines and using the Georgia Grown website in the ways we intended.
Please be advised that Georgia Grown reserves the right to ban a user at any time, without notice.
You are Responsible
You are responsible and liable for all your activities while participating on Georgia Grown. Remember that you are responsible for anything you say or post.
Once a post has been made live on Georgia Grown, unless it is brought to one of the moderators’ attention as being in breach of this user agreement, and is required to be edited or deleted, it is not a service we offer to remove users posts, therefore please consider your post carefully prior to making live.
Georgia Grown does not tolerate any argumentative, derogatory or hurtful remarks regarding companies or individuals. Any such remarks should be sent directly to the company or individual concerned and not posted on this forum. Any such remark deemed unacceptable will be edited or deleted without prior notification.
Some forum posts may provide Internet website links in their area. Please be advised that Georgia Grown is not responsible for the content on the websites associated with the links you may view.
Some content and links on the Internet may contain adult content and may not be suitable to some age groups. Please do not post links of that sort to this forum. Any user found to be doing so will be banned.
You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any forum post, remember that the information provided could be from people of any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.
Georgia Grown is moderated periodically, with any undesirable or inappropriate posts edited or deleted and kept on file. Any user(s) seen to be repeatedly in breach of this user agreement, will have their Georgia Grown registration locked without prior warning.
Georgia Grown does not and cannot review all information posted to the Website by users and is not responsible for such information. However, Georgia Grown reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
The material used in conjunction with the Georgia Grown forum and Georgia Grown Website may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of GDA This clause includes (but is not limited to) moderator private messages, forum threads, posts, recipes, articles and user comments. If the Administrator witnesses such reproduction; then legal action may take place as a result.
When saving recipes to Georgia Grown, please be aware that they must be your own original work and not infringe upon the copyright of any other person or party. Please see our information on copyright.
Recipe User Ratings, Reviews & Comments
This user agreement also applies, where relevant, to the posting of user ratings, reviews & comments on Georgia Grown recipes. At the discretion of the Georgia Grown Administrator or Editor, user ratings, reviews & comments may be edited or removed due to foul language, spam posting, inappropriateness, etc. Breeches of this user agreement may result in Website users having their membership restricted or deleted without warning.
Georgia Grown may at any time republish user ratings, reviews & comments elsewhere on Georgia Grown or in any extensions of the Georgia Grown brand or GDA properties.
Reporting Undesirable Posts or Users
To report undesirable posts or to bring to our attention users who may not be following the user agreement, please email email@example.com or use the report post icon. Please DO NOT post your grievances in the forum.
Georgia Grown Licensing Agreement
- Associate GEORGIA GROWN members or registrants: Persons who apply and are granted limited use of the mark by the department for assistance in the promotion and implementation of the GEORGIA GROWN program.
- Commissioner: Commissioner of Agriculture, Georgia Department of Agriculture.
- Department: The Georgia Department of Agriculture.
- Equine species: A horse, pony, mule or donkey that was foaled in Georgia or has resided in Georgia for at least one year.
- Food: Agricultural products produced or processed in Georgia for human consumption.
- GEORGIA GROWN and Design mark: The GEORGIA GROWN and Design mark is a certification mark that is registered with the United States Patent and Trademark Office and the Georgia Secretary of State’s office by the department.
- GEORGIA GROWN Restaurant Program:
- Permitted restaurant establishments that:
- provide restaurant service;
- are located in Georgia;
- are permitted in accordance with all state and local laws and regulations; and
- are using and/or serving Georgia agriculture products.
- Persons who apply are granted use of the mark for the promotion and assistance of the GEORGIA GROWN and/or GEORGIA GROWN RESTAURANT program.
- Horticulture products: Nursery, floral and greenhouse plants or plant products produced in Georgia from seeds, rootings, cuttings, tissue cultures, seedlings or other propagation materials. Non-Georgia plants being produced for such a period during which they are transplanted or increased in plant size and volume of container. Georgia and non-Georgia produced plant-based horticulture products processed in Georgia.
- Livestock feed, feed supplements and pet food: Agricultural products produced or processed in Georgia for animal consumption.
- Natural fibers: Fibers which have been produced from Georgia crops or shorn from Georgia livestock, and which are used in textiles, apparel, and other goods. The term “natural fibers” also includes leather made from the hides of animals and reptiles.
- Natural woods: Forestry products produced from Georgia hardwood and softwood timber and may include, but not be limited to, furniture, home furnishings, building construction materials, pulp and paper.
- Other Products:
- Any product produced in Georgia which is not a Georgia agricultural product, as defined in paragraph (19) of this section, but is:
- produced, manufactured, constructed or created within the state; or
- is processed within the state such that it has been altered by a mechanical or physical value-added procedure in Georgia to change or add to its physical characteristics; and
- such product enhances the GEORGIA GROWN program;
- Products described in subparagraph (A) of this paragraph which are produced in Georgia, but processed outside of Georgia do not meet GEORGIA GROWN program requirements, unless facilities for processing are not reasonably available in Georgia.
- For purposes of this subchapter, the department shall have sole discretion to determine whether a product qualifies as being an “other product” or processed other product and enhances the GEORGIA GROWN program.
- Person: An individual, firm, partnership, corporation, governmental entity, or association of individuals acting in concert as a business entity.
- Processed food product: Non-Georgia agricultural food product which has undergone a value-added procedure in Georgia to change or add to its physical characteristics, including, but not limited to, cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, distilling, eviscerating, preserving, or dehydrating. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a processed food product.
- Processed natural fiber or natural wood product: Non-Georgia raw, natural fiber or natural wood that has undergone mechanical or physical changes in Georgia resulting in a finished, distinct product. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a processed natural fiber and wood product.
- Produced in Georgia: An agricultural product is produced in Georgia if:
- the agricultural product is grown, raised, nurtured, sown, or cultivated within the state; or
- the agricultural product has been altered by a mechanical or physical value-added procedure in Georgia to change or add to its physical characteristics.
- Products produced in Georgia, but processed out of Georgia do not meet GEORGIA GROWN program requirements, unless facilities for processing are not reasonably available in Georgia.
- Producer: Any person who:
- Produces agricultural product(s) grown, raised, nurtured, sown, or cultivated in the State of Georgia;
- Produces Georgia processed agricultural product(s); or
- produces Georgia product(s) that is/are not processed outside of Georgia, unless facilities for processing are not reasonably available in Georgia.
- Georgia processed agricultural product: Non-Georgia agricultural product, excluding processed food product and processed natural wood and natural fiber product, which has undergone a value added procedure in Georgia that changes or adds to its physical characteristics. For purposes of this subchapter, the department shall have the sole discretion to determine whether a product qualifies as being a Georgia processed agricultural product.
- Georgia agricultural product: An agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including:
- equine species;
- feed for use by livestock or poultry;
- fish or other aquatic species;
- livestock, a livestock product, or a livestock by-product;
- planting seed;
- poultry, a poultry product, or a poultry by-product; or
- wildlife processed for food or by-products.
Application for Registration to Use the GEORGIA GROWN and Design Mark
- No person shall use, employ, adopt, or utilize the GEORGIA GROWN and Design mark, unless prior application for registration or licensing has been made to the department and permission to make such use, employment, adoption, or utilization has been granted.
- Unless permission is otherwise granted by the department, the GEORGIA GROWN and Design mark may only be used by registrants and licensees to certify and promote the following Georgia agricultural products:
- Agricultural products produced in Georgia;
- Agricultural food products processed in Georgia, regardless of origin, and unprocessed agricultural food products grown in Georgia.
- Wine which is produced or processed in Georgia, as defined in Georgia Code (relating to Definitions);
- Georgia-grown nursery, floral, and forestry products;
- Leather, textile, or apparel products approved by the commissioner as being:
- composed of 50% or greater natural fibers derived from crops or livestock grown or raised within the State of Georgia, the identity of the fibers having been preserved throughout processing so as to be verifiable by satisfactory documentation as having originated in Georgia; or
- composed of 50% or greater natural fibers, regardless of where grown or raised, which have been processed into leather, textile, or apparel products within the State of Georgia in a manner which substantially changes their form, and, if composed of natural fibers derived from crops or livestock grown or raised outside the State of Georgia, the natural fibers must be of a type commercially produced within the State of Georgia;
- Horticulture product(s);
- Meat(s). In order to be certified as “GEORGIA GROWN”, meat(s), applicants must meet the following criteria:
- Beef. Must be from cattle that have been born, raised, fed, slaughtered and/or fabricated in Georgia.
- Lamb and goat. Must be from sheep or goats that have been born, raised, fed, slaughtered and/or fabricated in Georgia.
- Pork. Must be from domesticated swine that have been born, raised, fed, slaughtered and/or fabricated in Georgia.
- Poultry. Must be from poultry that have been born, raised, slaughtered and/or fabricated in Georgia.
- Exotics. Must be from exotic animals that have been born, raised, fed, slaughtered and/or fabricated in Georgia.
- For purposes of this paragraph, “fabricated” shall be defined as the process of taking a carcass and cutting the carcass into wholesale or retail cuts of meat.
- livestock or poultry feed(s), feed supplement(s) and pet food(s);
- fish, shellfish, or other aquatic species in their raw form or processed form;
- natural fiber(s);
- natural wood(s);
- processed food product(s);
- processed natural fiber and natural wood product(s);
- wildlife processed for food or by-products;
- equine species;
- Georgia processed agricultural product(s); and
- Georgia restaurants as provided for in this title (relating to GEORGIA GROWN Restaurant Program).
- Applications submitted under this section shall be made in writing on a form prescribed by the department or by applying online at www.GEORGIAGROWN.com. Application forms may be obtained by contacting the Department, Marketing and Promotion Division at 19 Martin Luther King Jr. Drive, Suite 324, Atlanta GA 30334, phone 404-656-3680.
- Written Applications shall be submitted to the GEORGIA GROWN Program, Department, 19 Martin Luther King Jr. Drive, Suite 324, Atlanta GA 30334.
- Upon receipt of the registration fee, the department shall provide confirmation of registration and the department shall also provide copies of the mark, suitable for reproduction. User shall have licensed use of the GEORGIA GROWN logo/mark for one year from the date of registration or renewal.
- Other than the use of the mark, no registrant or licensee shall use any statement of affiliation or endorsement by the State of Georgia or the Department in the selling, advertising, marketing, packaging, or other commercial handling of GEORGIA GROWN products or operating GEORGIA GROWN restaurants.
- Members or registrants shall indemnify and hold harmless the Commissioner, the State of Georgia, and the department for any claims, losses, or damages arising out of or in connection with that person’s advertising, marketing, packaging, manufacture, or other commercial handling of GEORGIA GROWN products or the operation of restaurants.
- Any permission under the certificate of registration granted to a registrant to use the mark shall be nonexclusive and nontransferable for the products listed in the application.
- Registrants shall do nothing inconsistent with the ownership of the mark in the department, and all use of the mark by any registrant shall inure to the benefit of and be on behalf of the department. Further the registrants shall not have any right, title, or interest in the mark, other than the right to use the mark in accordance with the certificate of registration. Registrants must agree not to attack the title of the department to the mark, or attack the validity of the certificate of registration or the permission granted by the department.
- The nature and quality of the goods sold by registrants in connection with the mark shall conform to any standards which may be set from time to time by the department. Registrants shall cooperate with the commissioner by permitting reasonable inspection of the registrant’s operation and supplying the commissioner with specimens of use of the mark upon request. Registrants shall not use the mark on goods sold or marketed as products from another country or state, or as products from a city or region outside of Georgia, unless prior written authorization is received from the department.
- Members or registrants shall comply with all applicable laws and regulations and obtain all appropriate governmental approval pertaining to the selling, advertising, marketing, packaging, manufacturing, or other commercial handling of the products or operation of restaurants covered by the certification of registration.
- Registrants shall use the mark only in the form and manner, and with appropriate legends, as prescribed from time to time by the Commissioner.
- The department shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the GEORGIA GROWN and Design mark.
- The department may consider in its evaluation of an applicant or registrant any information regarding an applicant or member that could impair the department’s efforts to promote the development of markets for Georgia agriculture and other products.
- The consideration of information as provided in subsection (14) of this section may include consideration of any information that may detract from the integrity and positive image of the program, including, but not limited to, a review of consumer safety inspection records and criminal information, as allowed by applicable laws and regulations.
Denial of Application to Use the GEORGIA GROWN and Design Mark
- The Commissioner may make an initial determination of whether registration permission shall be denied or revoked, and notify the applicant in writing of his decision. If the applicant is denied registration, then the applicant shall be provided a reason for such denial and the licensing fee will be returned to the applicant.
- An application for registration to use the GEORGIA GROWN and Design mark may be denied if:
- application is not made in compliance with this chapter (relating to Application for Permission To Use GEORGIA GROWN and Design mark);
- the applicant cannot provide adequate assurances that the product or restaurant for which application is made qualifies and will continue to qualify for the program(s) in which it is enrolled;
- the product is of a quality markedly inferior to that representative of similar products produced in Georgia;
- the applicant has misused the GEORGIA GROWN and Design mark prior to the date of application;
- applicant’s use of the GEORGIA GROWN and Design mark would either:
- impair the department’s efforts to expand or encourage development of the markets for Georgia agricultural and other products; or
- fail to enhance the integrity and image of the program, as determined by the department; or
- it has been determined not to be in accordance with department policy.
Registration of Those Entitled to Use the GEORGIA GROWN and Design Mark
- The Commissioner shall register the names of all persons granted permission under these sections to use the GEORGIA GROWN mark. The register shall be available for public inspection during normal business hours in the offices of the Georgia Department of Agriculture, 19 Martin Luther King Jr. Drive, Suite 324, Atlanta, Georgia.
- Registration must be renewed annually. The procedure for annual renewal of registration of persons authorized to use the GEORGIA GROWN mark is as follows:
- Forty-five days before the expiration date of the registration, the department shall mail or e-mail to each person previously registered to use the GEORGIA GROWN and Design mark a statement setting forth the amount due as an annual registration fee. Registrants may opt to auto-renew their annual registration payment. It is the Registrant’s obligation to select or opt out of auto-renewal. Should registrant opt to renew automatically, they agree to indemnify and hold harmless the Commissioner, the State of Georgia, and the department for the renewal charge.
- All payments are due by the expiration date of the registration.
- Within 30 days of receipt by the department of the renewal statement, together with the annual registration fee, the department will mail or e-mail to the registrant a renewal certificate of registration.
- Failure to remit the annual registration fee by the due date shall result in the registrant being designated as inactive. Failure to remit the annual registration fee by the due date shall result in the expiration of the registration and a new application for membership will be required for re-instatement to the program.
- An annual fee for registration in the GEORGIA GROWN, GEORGIA GROWN Associate and/or GEORGIA GROWN Restaurant program shall be paid to the department. Applicants may select from three different levels of membership.
- GEORGIA GROWN program members may also participate as sponsors in the program, which will include all benefits available to members, plus additional benefits that may be provided for in a sponsorship agreement between the GEORGIA GROWN program member and applicant.
- The department may assess and collect additional fees for participation in special events administered, conducted, established, organized, provided for, or sponsored by the department, whether in its own name or in cooperation with others, in connection with the GEORGIA GROWN Program.
Termination of Registration To Use the GEORGIA GROWN and Design Mark
- Registration to use the GEORGIA GROWN and Design mark may be revoked at any time if the mark is misused.
- Misuse of the GEORGIA GROWN and Design mark includes, but is not limited to, the following:
- use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product or restaurant for which registration to use the mark has not been granted by the department;
- use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product which is of a quality markedly inferior to that representative of similar products produced in Georgia; or
- use of the mark would either:
- impair the department’s efforts to expand or encourage development of the markets for Georgia agricultural and other products; or
- fail to enhance the integrity and image of the program, as determined by the department
- use of the mark in a manner violating any rule promulgated by the commissioner.
- A proceeding for revocation of registration to use the GEORGIA GROWN and Design mark shall not preclude the Commissioner from pursuing any other remedies, including, where applicable, the penal and injunctive remedies provided for by law.
GEORGIA GROWN Retail Members
- The Associate GEORGIA GROWN Retail Member Program is established to provide a marketing program that allows persons interested in assisting the department with the promotion and implementation of the GEORGIA GROWN program use of the Department’s GEORGIA GROWN mark only on promotional items that meet standards and rules. In addition to the certification of retailers to use the GEORGIA GROWN mark in their efforts to promote the program, this section provides that livestock shows, distributors, and other entities may be certified as associate GEORGIA GROWN members if they meet requirements of this section. Any person wanting to participate may make application as provided for in this title.
- Eligibility Requirements and Membership Categories.
- Eligibility requirements. All retailers, livestock shows, distributors and other entities meeting the requirements of the this section, in good standing with the Department, and interested in assisting the department with the promotion and implementation of the GEORGIA GROWN program may apply for GEORGIA GROWN retailer membership.
- Limitations. Members or registrants granted Associate GEORGIA GROWN membership shall only use the mark for the limited purpose stated in the certificate of registration. Use of the mark by GEORGIA GROWN retailer members is limited and use is subject to department rules.
- Livestock Shows and Festivals. A members or registrants use of the mark is limited to promotion of the GEORGIA GROWN program at livestock shows and festivals in Georgia that promote Georgia agricultural products;
- Retailer. A member or registrants use of the mark is limited to general promotion of GEORGIA GROWN products as defined in this title (relating to Definitions and Application for Registration To Use the GEORGIA GROWN and Design Mark) in its retail locations;
- Equine-related Entities. A members or registrants use of the mark is limited to promotional activities for equine species.
- Other entities. A member’s or registrant’s use of the mark is limited to promotion of the entity’s specific commodity(ies) or the general GEORGIA GROWN program.
- Distributors. A members or registrants use of the mark is limited to general promotion of GEORGIA GROWN products, as defined in this title.
- Limited use restrictions.
- Member or registrant shall be granted a limited, non-exclusive use to use the mark solely in conjunction with the reproduction, display, advertisement and promotion for which licensee has applied, within the United States, on the date(s) which licensee specified in the application;
- Member or registrant shall furnish the department a sample of any material bearing the mark, including but not limited to all advertising, promotional, and display materials, at no charge, for the department’s written approval prior to any use thereof;
- Member or registrant’s licensed use shall be of high standard;
- Member or registrant shall affix on all items utilized in the use, appropriate legal notices, as follows: GEORGIA GROWN and Design is a certification mark of, and is used under license from, the Georgia Department of Agriculture;
- Member or registrant’s use shall not be construed to grant or assign any right, title or interest in or to the mark or the goodwill attached thereto;
- Any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.
Non-Agricultural Member; Other Products; Products Produced in this State
- Permission to use the GEORGIA GROWN and Design mark. Permission to use the GEORGIA GROWN and Design mark may be granted by the Department to registrants who have been properly certified as a “Non-Agricultural Member” to promote Georgia “Other Products” as defined in this title (relating to Definitions).
- Application process:
- Application to use the GEORGIA GROWN mark in accordance with this section, shall be made in the same manner as provided in this title (relating to Application for Registration To Use the GEORGIA GROWN and Design Mark).
- Except as otherwise provided in this section (relating to requirements for membership in the general “GEORGIA GROWN” program) shall apply to entities certified under this section.
- Eligibility Requirements and Limited Use Restrictions:
- Member or registrant’s granted use of the GEORGIA GROWN and Design mark under this section shall only use the mark for the limited purpose stated in the certificate of registration. Use of the mark is limited and use is subject to department rules and guidelines.
- Member or registrant shall be granted limited, non-exclusive use of the mark solely in conjunction with the reproduction, display, advertisement and promotion associated with the product for which Member or registrant has applied, within the United States, on the date(s) which is specified in the application;
- Member or registrant shall furnish the department a sample of any material bearing the mark, including but not limited to all advertising, promotional, and display materials, at no charge, for the department’s written approval prior to any use thereof;
- Member or registrant’s proposed licensed use shall be subject to review and acceptance by the Department;
- Member or registrant shall be required to affix on all items utilized in the use, appropriate legal notices, as follows: GEORGIA GROWN and Design is a certification mark of, and is used under license from, the Georgia Department of Agriculture;
- Member or registrant’s use, shall not be construed to grant or assign any right, title or interest in or to the mark or the goodwill attached thereto; and
- any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.
- Eligibility for Participation in the GEORGIA GROWN Partner Program. Registrants and licensees admitted into the GEORGIA GROWN membership program under this section are not eligible to enroll in the GEORGIA GROWN Partner Program.
GEORGIA GROWN Restaurant Program
- Statement of Purpose: The GEORGIA GROWN Restaurant Program is established to provide a marketing program that adds value to Georgia restaurants and food service facilities (“Restaurants”) and encourages these establishments to purchase, use and promote products produced or processed in Georgia.
- Restaurant Requirements: To be eligible for the GEORGIA GROWN Restaurant Program, members shall meet and agree to the following requirements:
- Restaurant members shall purchase and use product(s) made, grown, processed or value added in Georgia, as well as products produced by GEORGIA GROWN members. If a restaurant does not purchase or use product(s) made, grown, processed or value added in Georgia, the restaurant’s GEORGIA GROWN membership will be revoked and the restaurant will not be allowed to participate in the program.
- Restaurant members must complete and submit the annual GEORGIA GROWN survey.
- Restaurant must be a permitted food establishment providing restaurant service located in Georgia that is permitted in accordance with all state and local laws and restaurant regulations.
- Restaurants headquartered out of state must have a place of business with a Georgia address to be considered eligible for GEORGIA GROWN Restaurant Program membership.
- Display of GEORGIA GROWN Restaurant Program Items:
- Restaurant members may post their membership certificate to give notice that their establishment is an official GEORGIA GROWN Restaurant member.
- Restaurant members shall, whenever possible, display, advertise and promote product(s) made, grown, processed or value added in Georgia to consumers within the restaurant. The Department will provide a copy of the GEORGIA GROWN logo for use in promotion of the restaurant’s membership in the GEORGIA GROWN Restaurant Program.
- Application Process:
- Application to use the GEORGIA GROWN and Design mark in accordance with this section shall be made in the same manner as provided in this title (relating to Application to Use the GEORGIA GROWN and Design Mark).
- Applicants must certify on the application that all applicable GEORGIA GROWN Restaurant Program requirements are met.
- Except as otherwise provided in this section, all requirements for membership in the general GEORGIA GROWN program shall apply to restaurants certified under this section.
- An applicant must submit a GEORGIA GROWN Restaurant Program Member application and an annual GEORGIA GROWN membership fee, based on the membership tier or sponsorship selected by the restaurant, as set forth in this chapter (relating to Registration of Those Entitled to Use the GEORGIA GROWN and Design Mark), for each restaurant that applicant would like to participate in the GEORGIA GROWN Restaurant Program. If an applicant operates multiple restaurant locations under the same name, the applicant must submit a GEORGIA GROWN Restaurant Program Member application and pay the annual GEORGIA GROWN membership fee based on the membership tier selected by the applicant for the first or initial restaurant location, as identified in the application. GEORGIA GROWN Restaurant Program Members will be billed the annual registration membership fees on an annual basis.
- The department may assess and collect additional fees for participation in special events administered, conducted, established, organized, provided for, or sponsored by the department, whether in its own name or in cooperation with others, in connection with the GEORGIA GROWN Restaurant Program.