Exchange between licensees not restricted

Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of fertilizer to licensees. History. — Code 1981, § 2-12-14, enacted by Ga. L. 1997, p. 1271, § 1. 2-12-15. Adoption, enforcement, and promulgation of rules and regulations generally; sharing of information. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and adopt, according to the provisions of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ and enforce such reasonable rules and regulations relating to the distribution of fertilizers as the Commissioner finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of fertilizer. The Commissioner is also authorized to promulgate and adopt rules and 548 2-12-17 regulations relative to fertilizers derived from industrial by-products which may include, but not be limited to, application rates, proper conditions for application, application record keeping and retention, development and use of site-specific nutrient management plans, and storage and containment in or on lands where fertilizers are applied. The Commissioner is further authorized to share such information and consult with other agencies such as, but not limited to, the Environmental Protection Division of the Department of Natural Resources and the United States Department of Agriculture’s Natural Resources Conservation Service. History. — Code 1981, § 2-12-15, enacted by Ga. L. 1997, p. 1271, § 1; Ga. L. 2019, p. 91, § 4/HB 512. The 2019 amendment, effective April 18, 2019, added the second and third sentences. 2-12-16. Revocation or denial of license; cancellation or refusal of registration. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license upon satisfactory evidence that the licensee or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be canceled or refused until the licensee or person has been notified by certified mail or statutory overnight delivery, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard according to the provisions of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Code 1981, § 2-12-16, enacted by Ga. L. 1997, p. 1271, § 1; Ga. L. 2000, p. 1589, § 3. Editor’s notes. — Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000. 2-12-17. Stop sale, stop use, or removal orders.