Applicability of Code Sections 2-11-21 and 2-11-22

Code Sections 2-11-21 and 2-11-22 shall not apply: (1) To seed sold by a farmer or grower to a seed dealer or conditioner or in storage in or consigned to a seed cleaning or conditioning establishment for cleaning or processing, provided that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to this article; (2) To seed grown by a farmer or other person, who sells it as such, when it is sold at his or her own farm and he or she does not advertise or transfer it by any public carrier provided such activity is not in conflict with paragraph (7) of subsection (a) of Code Section 2-11-23 or requirements of the United States Plant Variety Protection Act; (3) To seed or grain not intended for planting purposes, provided that such seed or grain sold to a farmer or consumer which could be used for planting purposes shall be marked or tagged ‘‘for feed’’ or ‘‘not for planting’’; and (4) To any carrier, in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, 523 2-11-35 if such carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed which is subject to this article. History. — Ga. L. 1941, p. 497, § 4; Ga. L. 1956, p. 217, § 6; Ga. L. 1996, p. 1151, § 1. 2-11-34. Penalty for violations of article or rules and regulations; Commissioner authorized to utilize warning for minor violations. (a) Any person or vendor violating any of the provisions of this article or rules and regulations promulgated under this article shall be guilty of a misdemeanor. (b) When the Commissioner or any of the Commissioner’s authorized agents find that a person has violated any of the provisions of this article or rules and regulations promulgated under this article, the Commissioner may institute proceedings in the superior court of the county in which the violation occurred to have such person convicted therefor or may file with the prosecuting attorney, with the view of prosecution, such evidence as may be deemed necessary. (c) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted against the accused. (d) Nothing in this article shall be construed as requiring the Commissioner or any of the Commissioner’s authorized agents to report, for prosecution or for the institution of seizure proceedings, minor violations of this article when the Commissioner believes that the public interest will best be served by a suitable notice of warning in writing. History. — Ga. L. 1941, p. 497, § 7; Ga. L. 1956, p. 217, § 11; Ga. L. 1996, p. 1151, § 1. 2-11-35. Local regulation prohibited.