Title 2 — Agriculture
0 chapters · 388 sections in this title.
O.C.G.A. § 2-12-1 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Georgia Fertilizer Act of 1997.’’ History. — Code 1981, § 2-12-1, enacted by Ga. L. 1997, p. 1271, § 1.
O.C.G.A. § 2-12-100 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Georgia Horticultural Growing Media Act.’’ History. — Code 1981, § 2-12-100, enacted by Ga. L. 1993, p. 986, § 1. 2-12-101. Purpose.
O.C.G.A. § 2-12-101 Purpose
0.5K chars
Horticultural growing media are one of the foundations of successful horticultural businesses. As such, it is vital that growers are adequately informed of the basic contents of such media. The purpose of this article is to ensure that horticultural growing media are accurately l…
O.C.G.A. § 2-12-102 Definitions
1.8K chars
As used in this article, the term: 564 2-12-103 (1) ‘‘Bulk’’ means not in a package or in packages of one cubic yard or more. (2) ‘‘Commissioner’’ means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissio…
O.C.G.A. § 2-12-103 Administration and enforcement
0.3K chars
The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department. History. — Code 1981, § 2-12-103, enacted by Ga. L. 1993, p. 986, § 1. 565 2-12-104 2-12-104. Authority of Commissioner.
O.C.G.A. § 2-12-104 Authority of Commissioner
2.8K chars
The Commissioner is authorized to: (1) Cooperate with and, as the Commissioner may deem necessary, enter into written agreements with any other agency of this state, another state, or the federal government or any other organization or entity that may be of assistance; (2) Inspec…
O.C.G.A. § 2-12-105 Assessment and collection of cost of registration
0.3K chars
For the purpose of defraying expenses of registration under this article, the Commissioner may assess and collect the cost thereof with any surplus to be paid into the state treasury. History. — Code 1981, § 2-12-105, enacted by Ga. L. 1993, p. 986, § 1. 2-12-106. Exemptions.
O.C.G.A. § 2-12-106 Exemptions
0.7K chars
(a) Distribution of horticultural growing media planted with live plant material is exempt from the labeling and registration requirements imposed pursuant to this article. (b) Distribution of custom media is exempt from the registration requirements imposed pursuant to this arti…
O.C.G.A. § 2-12-107 Revocation, denial, cancellation, and refusal of registration
1.0K chars
The Commissioner is authorized to revoke and cancel registrations of any person or to refuse to register horticultural growing media upon satisfactory evidence that the registrant or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this art…
O.C.G.A. § 2-12-108 Injunctions against violations
0.5K chars
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 any rule or regulation promulgated under this article notwi…
O.C.G.A. § 2-12-109 Prohibited acts
1.0K chars
It shall be unlawful for any person to: (1) Distribute an unregistered horticultural growing medium, except one exempted from the registration requirements of this article; (2) Distribute a horticultural growing medium if the label or labeling thereof does not accurately reflect …
O.C.G.A. § 2-12-110 Penalty
0.2K chars
Any person violating any provision of this article shall be guilty of a misdemeanor. History. — Code 1981, § 2-12-110, enacted by Ga. L. 1993, p. 986, § 1. 569 T.2, C.13 AGRICULTURE 2-13-1 CHAPTER 13 COMMERCIAL FEEDS Sec. 2-13-1. 2-13-2. Sec.
O.C.G.A. § 2-12-13 Short weight penalty; adjustment of invoice
0.6K chars
(a) If any fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such fertilizer shall within 30 days after official notice from the Commissioner submit to the consumer a penalty payment of four times the commercial value…
O.C.G.A. § 2-12-14 Exchange between licensees not restricted
3.1K chars
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…
O.C.G.A. § 2-12-17 Stop sale, stop use, or removal orders
0.8K chars
The Commissioner may issue and enforce a written or printed stop sale, stop use, or removal order to the owner or custodian of any lot of fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said fertilizer is being offered or expose…
O.C.G.A. § 2-12-18 Short title
1.1K chars
Definitions. Commissioner to administer article. Licensing requirements generally; fees; renewal; contents. Nonresident licensees. Labeling of fertilizer. Inspection of fertilizer; methods of sampling and analysis; distribution of results. Inspection fees; quarterly report; colle…
O.C.G.A. § 2-12-19 Injunctions
2.0K chars
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 any rule or regulation promulgated under this article notwi…
O.C.G.A. § 2-12-2 Definitions
8.5K chars
As used in this article, the term: 536 2-12-2 (1) ‘‘Brand’’ means a term, design, or trademark used in connection with one or several grades of fertilizer. (2) ‘‘Bulk fertilizer’’ nonpackaged form. means a fertilizer distributed in a (3) ‘‘Commercial value’’ means the average ret…
O.C.G.A. § 2-12-21 Local regulation prohibited
0.6K chars
(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 registration, labeling, packaging, sale, storage, transportation, distributi…
O.C.G.A. § 2-12-3 Commissioner to administer article
0.4K chars
This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture or other designated agent. History. — Code 1981, § 2-12-3, enacted by Ga. L. 1997,…
O.C.G.A. § 2-12-4 Licensing requirements generally; fees; renewal; contents
2.9K chars
(a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $100.00 per year an…
O.C.G.A. § 2-12-40 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Georgia Liming Materials Act of 1996.’’ History. — Code 1981, § 2-12-40, enacted by Ga. L. 1996, p. 1183, § 1. 2-12-41. Definitions.
O.C.G.A. § 2-12-41 Definitions
4.2K chars
As used in this article, the term: (1) ‘‘Agricultural liming material’’ means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity and which is sold or distributed for that purpose. Agricultural liming materials may either be in solid or liquid…
O.C.G.A. § 2-12-42 Administration of article
3.5K chars
This article shall be administered by the Commissioner of Agriculture of the State of Georgia. History. — Code 1981, § 2-12-42, enacted by Ga. L. 1996, p. 1183, § 1. 2-12-43. Licenses required; application, annual renewal, fees, revocation; registration of products; application, …
O.C.G.A. § 2-12-44 Semiannual tonnage statements
0.6K chars
Each licensee shall submit semiannually to the Commissioner, on forms furnished by or acceptable to the Commissioner, a statement as to the total tons of liming material sold by such licensee. This and such other information as the Commissioner may require by regulations shall be…
O.C.G.A. § 2-12-45 Labeling requirements
1.7K chars
(a) Agricultural liming materials sold, offered, or exposed for sale in this state shall have affixed to each container in a conspicuous manner on the outside thereof a plainly printed or stamped label, tag, or statement, or in the case of bulk sales, a delivery slip setting fort…
O.C.G.A. § 2-12-46 Analysis and sampling by Commissioner
1.2K chars
(a) It shall be the duty of the Commissioner, who may act through his or her authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the Commissioner may deem necessary to determine whether such agricultural …
O.C.G.A. § 2-12-47 Sale of noncomplying or toxic material prohibited
0.5K chars
(a) No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this article and rules and regulations adopted pursuant to this article. (b) No agricultural liming material shall be sold or offered for sale in this sta…
O.C.G.A. § 2-12-48 Penalties for deficient materials
1.6K chars
If the analysis of an official sample shows that an agricultural liming material is deficient in one or more of its guarantees beyond the investigational allowances set forth in the regulations of the Commissioner, the following penalties shall be assessed in accordance with the …
O.C.G.A. § 2-12-49 Rules and regulations; sharing of information
1.2K chars
The Commissioner, after reasonable notice and hearing, is authorized to promulgate and adopt rules and regulations for the administration of this article. The Commissioner is also authorized to promulgate and adopt rules and regulations relative to liming materials derived from i…
O.C.G.A. § 2-12-5 Nonresident licensees
0.5K chars
Every nonresident licensee, at the time of licensing and before distributing his or her fertilizer product or products in this state, shall comply with Chapter 5 of this title, the ‘‘Department of Agriculture Registration, License, and Permit Act.’’ History. — Code 1981, § 2-12-5…
O.C.G.A. § 2-12-50 Short title
1.2K chars
Definitions. Administration of article. Licenses required; application, annual renewal, fees, revocation; registration of products; application, fees, cancellation. Semiannual tonnage statements. Labeling requirements. Analysis and sampling by Commissioner. Sale of noncomplying o…
O.C.G.A. § 2-12-6 Labeling of fertilizer
1.5K chars
(a) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required …
O.C.G.A. § 2-12-70 Short title
0.1K chars
This article shall be known as the ‘‘Georgia Soil Amendment Act of 1976.’’ History. — Ga. L. 1976, p. 359, § 1. 2-12-71. Definitions.
O.C.G.A. § 2-12-71 Definitions
2.2K chars
As used in this article, the term: (1) ‘‘Adulterated’’ means any soil amendment: (A) Which contains any deleterious or harmful agent in sufficient quantity to be injurious to beneficial plants, animals, or 559 2-12-71 aquatic life when applied in accordance with the directions fo…
O.C.G.A. § 2-12-72 Commissioner to administer article
0.2K chars
This article shall be administered by the Commissioner of Agriculture. History. — Ga. L. 1976, p. 359, § 2. 2-12-73. Registration required; proof of claims or value; fee.
O.C.G.A. § 2-12-73 Registration required; proof of claims or value; fee
1.5K chars
(a) Every soil amendment distributed in this state shall be registered with the Commissioner on forms obtained from the Commissioner’s office. The applicant for registration shall provide such information as the Commissioner may require by regulation after opportunity for public …
O.C.G.A. § 2-12-74 Refusal or revocation of registration
0.4K chars
The Commissioner shall refuse to register any soil amendment which fails to comply with this article. He may revoke any registration, after opportunity for hearing, upon satisfactory evidence that the registrant or any of his designated agents has used fraudulent or deceptive pra…
O.C.G.A. § 2-12-76 Labeling requirements
0.4K chars
Every soil amendment container shall be labeled on the face or display side in a readable and conspicuous form showing: (1) The product name; (2) A statement of claim or purpose, if any are made; (3) Adequate directions for use; (4) The net weight or volume; and (5) The name and …
O.C.G.A. § 2-12-77 When soil amendment deemed misbranded
0.5K chars
A soil amendment shall be considered misbranded if: (1) Its label or labeling is false or misleading in any particular; (2) It is distributed under the name of another soil amendment; or (3) It is represented as a soil amendment or is represented to contain a soil amendment unles…
O.C.G.A. § 2-12-78 Inspection, sampling, and analysis
0.5K chars
The Commissioner or his designated agents are authorized to enter upon any public or private property during regular working hours for the purpose of inspecting or sampling any soil amendment to determine if such amendment is being distributed in compliance with this article. In …
O.C.G.A. § 2-12-79 Prohibited acts
1.7K chars
It shall be a violation of this article for any person to: (1) Distribute an unregistered soil amendment; (2) Distribute an unlabeled soil amendment; (3) Distribute a misbranded soil amendment; (4) Distribute an adulterated soil amendment; (5) Fail to comply with a stop sale, use…
O.C.G.A. § 2-12-81 Stop sale, use, and removal orders
0.5K chars
The Commissioner may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment, ordering him to hold at a designated place any such lot of 563 2-12-102 soil amendment which the Commissioner determines does not c…
O.C.G.A. § 2-12-82 Injunctions
0.3K chars
The Commissioner may bring an action to enjoin the violation or threatened violation of this article or the regulations adopted under this article in the superior court of the appropriate county. History. — Ga. L. 1976, p. 359, § 11. 2-12-83. Penalties.
O.C.G.A. § 2-12-83 Penalties
0.2K chars
Any person violating any of the provisions of this article or the regulations adopted under this article shall be guilty of a misdemeanor. History. — Ga. L. 1976, p. 359, § 12. ARTICLE 4 HORTICULTURAL GROWING MEDIA 2-12-100. Short title.