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Can I sell products or services online without violating e-commerce laws in Georgia? What are the requirements?

Selling Products or Services Online in Georgia

To sell products or services online in Georgia, you must comply with the state’s e-commerce laws. The requirements vary depending on the type of product or service you are selling and the platform you are using. Here are some key points to keep in mind:

General Requirements

As a seller, you must comply with the definitions outlined in GACO 10-1-940 [1.2]. You must also comply with any applicable licensing laws in addition to the license required for farmers’ markets [3.1]. The Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article [2.2].

Online Marketplaces

If you are selling on an online marketplace, such as Amazon or eBay, you must comply with the reporting requirements for high-volume third-party sellers [1.1]. You must disclose a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace in a clear and conspicuous manner on the product listing of any high-volume third-party seller. An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected solely to comply with the requirements of this article [1.3].

Special Order Shipping License

If you are a winery and want to make direct shipments of wine to consumers in Georgia, you may be authorized to do so without complying with the provisions of Code Section 3-6-22, upon obtaining a special order shipping license from the commissioner pursuant to Code Section 3-6-31 [4.1]. A special order shipping license shall only be issued to a winery upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20. The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner [4.1].

Farmers’ Markets

If you are selling at a farmers’ market that charges a gate fee, you must obtain a license from the Commissioner of Agriculture [3.1]. By applying for a license or operating under such license, you give express consent for authorized representatives of the Commissioner to enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers’ market by the applicant or licensee. You must also comply with the prohibited acts listed in GACO 2-10-62 [3.2].

In summary, to sell products or services online in Georgia, you must comply with the state’s e-commerce laws, which vary depending on the type of product or service you are selling and the platform you are using. It is important to review the relevant laws and regulations to ensure compliance.

Source(s):
Jurisdiction

Georgia, Georgia