Title 2 — Agriculture
0 chapters · 388 sections in this title.
O.C.G.A. § 2-11-20 Short title
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This article may be cited as the ‘‘Georgia Seed Law.’’ History. — Ga. L. 1941, p. 497, § 10; Ga. L. 1956, p. 217, § 1; Ga. L. 1996, p. 1151, § 1. 2-11-21. Definitions.
O.C.G.A. § 2-11-21 Definitions
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As used in this article, the term: (1) ‘‘Advertisement’’ means all representations, other than those on the label, disseminated in any manner or by any means, relating to any seed within the scope of this article. (2) ‘‘Agricultural seed’’ means the seeds of grass, forage, cereal…
O.C.G.A. § 2-11-22 Labeling requirements
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(a) Labeling required. Each bag, container, package, or bulk of seeds which is sold, offered for sale, exposed for sale, or transported within this state for planting purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or…
O.C.G.A. § 2-11-23 Prohibited acts
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(a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, tree, or shrub seed within this state: (1) Unless the test to determine the percentage of germination required in Code Section 2-11-22 shall have been completed w…
O.C.G.A. § 2-11-24 Records and samples to be kept; inspection thereof
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Each person whose name or approved A.M.S. code number or other approved designation appears on the label as handling seed subject to this article shall keep, for a period of two years, complete records of each lot of agricultural, vegetable, flower, tree, or shrub seed handled an…
O.C.G.A. § 2-11-25 Powers and duties of Commissioner — Generally
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The duty of enforcing this article and the carrying out of its provisions and requirements shall be vested in the Commissioner of Agriculture, who may act through his or her authorized agents. He shall have authority: (1) To sample, test, make analysis of, and inspect any seed tr…
O.C.G.A. § 2-11-26 Powers and duties of Commissioner — Licensing authority; penalties
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(a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpos…
O.C.G.A. § 2-11-29 Seed Advisory Committee created; selection of members; compensation; duties
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Reserved. Repealed by Ga. L. 1996, p. 1151, § 1, effective July 1, 1997. Editor’s notes. — This Code section was based on Ga. L. 1956, p. 217, § 10; Ga. L. 1972, p. 1015, § 12; Ga. L. 1988, p. 426, § 1; Ga. L. 1995, p. 10, § 2. 2-11-30. Seizure of seed for violation of article; d…
O.C.G.A. § 2-11-31 Injunctions
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The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or rules and regulations promulgated under this article, notwi…
O.C.G.A. § 2-11-32 Exemption from article
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No person or vendor shall be subject to the penalties of this article for having sold or offered or exposed for sale in this state any seed incorrectly labeled or represented as to variety or origin when the variety or origin of such seed could not be identified by examination th…
O.C.G.A. § 2-11-33 Applicability of Code Sections 2-11-21 and 2-11-22
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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 …
O.C.G.A. § 2-11-35 Local regulation prohibited
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(a) No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the labeling, packaging, sale, storage, transportation, distribution, notificati…
O.C.G.A. § 2-11-36 Seeds used in production of low THC oil
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This article shall not apply to seeds used for the production of low THC oil in accordance with Article 9 of Chapter 12 of Title 16 and no person shall be subject to regulation or penalties pursuant to this article for growing, selling, offering for sale, exposing for sale, or tr…
O.C.G.A. § 2-11-50 Legislative intent
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The General Assembly declares that for the purpose of fostering improved agricultural methods, promoting advances in agricultural fields, and giving legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of this sta…
O.C.G.A. § 2-11-51 Definitions
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For the purposes of this article, the term: (1) ‘‘Certified seed’’ means the progeny of foundation, registered, or in special cases certified seed which meets the standards of the official seed certifying agency. (2) ‘‘Foundation seed’’ means the progeny of breeder’s seed or in s…
O.C.G.A. § 2-11-53 Legislative intent
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Definitions. Designation of agency for certification of seeds and plants; liability for damages resulting from certification work; immunity. False use of evidence of certification in sale of seeds or plants. Article 4 Seed Arbitration Council 2-11-70. 2-11-71. 2-11-72. 2-11-73. 2…
O.C.G.A. § 2-11-70 Purpose; creation of Seed Arbitration Council
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(a) The intent and purpose of this article are to provide a method for assisting farmers, persons purchasing seed and commercial fruit and nut trees, and persons selling seed and commercial fruit and nut trees in determining the validity of complaints of seed and commercial fruit…
O.C.G.A. § 2-11-71 Definitions
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As used in this article, the term: (1) ‘‘Commissioner’’ means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state. (2) ‘‘Council’’ means the Seed Arbitration Council. 528 2-11-73 (3) ‘‘Person’’ means an …
O.C.G.A. § 2-11-73 Filing complaint; fee; procedure
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(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable 529 2-11-73 seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, …
O.C.G.A. § 2-11-75 Hearings and investigations
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(a) Upon receipt of a seed buyer complaint or a commercial fruit or nut tree buyer complaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint. (b) Hearings sche…
O.C.G.A. § 2-11-76 Findings and recommendations
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(a) After completion of the informal hearing by the council, a report of findings and recommendations shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it…
O.C.G.A. § 2-11-77 Rules and regulations
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Pursuant to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article. 533 History. — Code 1981, § 2-11-77…