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Georgia Statutes, Title 2

Georgia/Statutes

← All Georgia coverage

Title 2

21 chapters · 591 sections in this title.

All chapters in Title 2591 Ch 8, AGRICULTURAL COMMODITIES PROMOTION115 Ch 7, PLANT DISEASE, PEST CONTROL, AND PES…102 Ch 12, FERTILIZERS, LIMING MATERIALS, AND S…57 Ch 10, MARKETING FACILITIES, ORGANIZATIONS,…46 Ch 6, SOIL AND WATER CONSERVATION43 Ch 14, SALE OF AGRICULTURAL AND FOREST PRODUCTS37 Ch 9, DEALERS IN AGRICULTURAL PRODUCTS35 Ch 11, SEEDS AND PLANTS29 Ch 13, COMMERCIAL FEEDS20 Ch 2, DEPARTMENT OF AGRICULTURE15 Ch 3, GEORGIA AGRICULTURAL EXPOSITION AUTH…15 Ch 23, HEMP FARMING12 Ch 4, GEORGIA SEED DEVELOPMENT COMMISSION10 Ch 5, REGISTRATION, LICENSES, AND PERMITS …9

102 sections·Filtered byTitle 2✕Ch 7✕

O.C.G.A. § 2-7-1 Short title
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This article shall be known as ‘‘The Entomology Act of 1937.’’ History. — Ga. L. 1937, p. 659, § 1.
O.C.G.A. § 2-7-10 Inspection of plants and other things capable of disseminating or carrying plant pests
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The Commissioner may inspect or cause to be inspected by duly authorized employees or agents any plants, plant products, or other articles, things, or substances that may in the Commissioner’s opinion be capable of disseminating or carrying plant pests. For this purpose the Commi…
O.C.G.A. § 2-7-11 Nursery inspections; rules governing nursery stock and plants in transit
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(a) The Commissioner may inspect or cause to be inspected all nurseries in this state at such intervals as the Commissioner may deem best. The Commissioner shall have a plenary power to make all rules and regulations governing nurseries and the movement of nursery stock therefrom…
O.C.G.A. § 2-7-12 Treatment, cutting, or destruction of infested trees, plants, or other things or substances
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The Commissioner may visit any section of this state in which any dangerous pest is supposed to exist and determine whether any infested trees, plants, or other things or substances are worthy of remedial treatment or shall be destroyed. The Commissioner may supervise or cause th…

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O.C.G.A. § 2-7-13 Interception and inspection of plants, plant products, or other things or substances in transit; disposition

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The Commissioner may intercept and inspect, while in transit or after arrival at destination, all plants, plant products, or other things or substances likely to carry plant pests being moved in this state or brought into this state from another state or territory of the United S…

O.C.G.A. § 2-7-14 Demand for information; penalty

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(a) The Commissioner may demand of any person who has plants or plant products or other things likely to carry plant pests in his or her possession to give full information as to the origin and source of the same. (b) It shall be a misdemeanor for a person to refuse to give the i…

O.C.G.A. § 2-7-15 Declaration of public nuisance authorized

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The Commissioner may declare a dangerous plant pest, as well as any plant or other thing which has been infested or infected therewith or exposed to infestation or infection and is therefore likely to communicate the same, to be a public nuisance. History. — Ga. L. 1937, p. 659, …

O.C.G.A. § 2-7-16 Notice of declaration of nuisance; prescription of treatment; right of appeal

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Whenever inspection discloses that any places, plants or plant products, or other things or substances are infested or infected with any dangerous plant pest which has been declared a public nuisance under this article, the Commissioner or the Commissioner’s agents or employees s…

O.C.G.A. § 2-7-18 Judicial proceeding where owner refuses to act or to permit Commissioner to act; expenses and court costs

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In case any person or persons refuse to execute the directions of the Commissioner or refuse to allow the Commissioner or his agents to do so, the judge of the superior court of the county having jurisdiction over such person, upon complaint filed by the Commissioner or any citiz…

O.C.G.A. § 2-7-19 Investigation on citizens’ complaint; notice to owner; treatment or destruction of affected plants or other things or substances; costs

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When two reputable citizens of any county in this state notify the Commissioner, from belief, that noxious insects or plant diseases exist in their county, the Commissioner shall ascertain as speedily as possible the nature and extent of the condition reported. If, after such inv…

O.C.G.A. § 2-7-2 Definitions

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As used in this article, the term: (1) ‘‘Agent’’ means any person soliciting orders for or selling or distributing nursery stock under the partial or full control of a nurseryman or dealer. (2) ‘‘Dealer’’ means any person not a grower of nursery stock, who buys or otherwise acqui…

O.C.G.A. § 2-7-20 Declaration of quarantine; violation unlawful

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(a) The Commissioner may declare a quarantine against any area, place, nursery, grove, orchard, county, or counties within this state, other states, or territories of the United States or any portion thereof or any foreign country, in reference to dangerous plant pests and may pr…

O.C.G.A. § 2-7-21 Registration of certain growers

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The Commissioner may provide for the registration of all growers of plant or nursery stock intended for sale or distribution, when such plants or nursery stock has been declared by the Commissioner as being liable or likely to disseminate or capable of disseminating plant pests. …

O.C.G.A. § 2-7-22 Assessment of costs

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For the purpose of defraying the expenses of the registration of nurserymen, dealers, agents, and plant growers and the certification and inspection of plants or plant products or other things, the Commissioner may assess and collect the cost thereof, any surplus to be paid into …

O.C.G.A. § 2-7-23 Promulgation of rules and regulations; publication thereof

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(a) The Commissioner may make such rules and regulations governing the conditions under which plants or other products may be produced as will permit such plants or other products to be certified as free or relatively free from plant pests. (b) Any rules and regulations made by t…

O.C.G.A. § 2-7-24 Administrative review of rules and notices

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Any person affected by any rule or regulation made or notice given pursuant to this article may have a review thereof as provided in Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ for the purpose of having such rule, regulation, or notice modified, suspende…

O.C.G.A. § 2-7-25 Required compliance with article and rules

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It shall be unlawful for any nurseryman, dealer, or agent to sell, give away, carry, ship, or deliver for carriage or shipment any nursery stock, except in compliance with this article and the rules and regulations made pursuant thereto. History. — Ga. L. 1937, p. 659, § 14.

O.C.G.A. § 2-7-26 Importation of injurious insect or plant disease without permit prohibited

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The introduction into this state of any insect injurious to plants in any stage of development or of any specimen of any disease injurious to plants, except under a special permit issued by the Commissioner, is prohibited. History. — Ga. L. 1937, p. 659, § 11.

O.C.G.A. § 2-7-27 Report of violations; investigation and disposition

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Any person, including a common carrier, who receives plants, plant products, or other things or substances sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which this article and the rules and regulations made pursuant thereto hav…

O.C.G.A. § 2-7-28 Act of agent imputed to principal

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In construing and enforcing this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation, or other principal within the scope of his employment or office shall in every case be deemed the a…

O.C.G.A. § 2-7-29 Enforcement of article generally; criminal proceedings; subpoena powers

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The Commissioner may enforce this article and the rules and regulations made pursuant hereto by injunction in the proper court as well as by criminal proceedings. It shall be the duty of the prosecuting attorneys of all courts to represent the Commissioner when called upon to do …

O.C.G.A. § 2-7-3 Division of Entomology established

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There is established as a division of the Department of Agriculture the Division of Entomology, which shall be under the supervision of the chief entomologist appointed pursuant to Code Section 2-7-4 and shall be subject to the control and supervision of the Commissioner. History…

O.C.G.A. § 2-7-30 Injunctions; violations declared public nuisances

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The Commissioner may institute action to enjoin any violation of this article or any rule or regulation or quarantine promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant to this article or any quarantine established pursuant …

O.C.G.A. § 2-7-31 Penalty

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Any person who violates any provision or requirement of this article or of the rules and regulations made thereunder or of any notice given pursuant thereto or who forges, counterfeits, defaces, destroys, or wrongfully or improperly uses any certificate provided for in this artic…

O.C.G.A. § 2-7-4 Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized

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(a) The Commissioner shall be ex officio state entomologist. (b) The Commissioner is authorized to designate a chief entomologist, who must be a graduate of a recognized college of agriculture and shall have had courses in entomology and plant pathology and experience in field an…

O.C.G.A. § 2-7-5 Duty of Commissioner generally

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It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the state from plant pests. History. — Ga. L. 1937, p. 659, § 4; Ga. L. 1996, p. 329, § 2.

O.C.G.A. § 2-7-6 Publication of information and advice

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The Commissioner may disseminate information and advice to the public on the prevention, control, or eradication of plant pests, by the publication and distribution of printed matter, by correspondence, and by other methods. History. — Ga. L. 1937, p. 659, § 4; Ga. L. 1996, p. 32…

O.C.G.A. § 2-7-7 Cooperative agreements

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The Commissioner may enter into cooperative arrangements with any person, municipality, county, or other department of this state and with boards, officers, and authorities of other states and of the United States for inspection with reference to plant pests and for the control a…

O.C.G.A. § 2-7-8 Purchases and expenditures

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The Commissioner may purchase all necessary materials, supplies, office and field equipment, and other things and may make such other expenditures as may be essential and necessary in carrying out this article, within the limits of the amount appropriated by law. History. — Ga. L…

O.C.G.A. § 2-7-9 Investigations authorized; employment of experts; rental, lease, or purchase of land

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The Commissioner may carry on investigations of methods of control, eradication, and prevention of dissemination of plant pests and for that purpose may employ the necessary experts and may rent, lease, or purchase the necessary land, when required for this purpose. History. — Ga…

O.C.G.A. § 2-7-50 Short title

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This article shall be known as the ‘‘Georgia Pesticide Control Act of 1976.’’ History. — Ga. L. 1976, p. 282, § 1.

O.C.G.A. § 2-7-51 Purpose of article; legislative findings

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The purpose of this article is to regulate, in the public interest, the labeling, distribution, storage, transportation, use, and disposal of pesticides. The General Assembly finds that pesticides are valuable to this state’s agricultural production and to the protection of man a…

O.C.G.A. § 2-7-52 Definitions

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As used in this article, the term: (1) ‘‘Active ingredient’’ means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, or desiccant. (2) ‘‘Adulterated’’ shall apply to any pesticide: (A) If its strength …

O.C.G.A. § 2-7-53 Meaning of ‘‘misbranded

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The term ‘‘misbranded’’ shall apply: (1) To any pesticide or device subject to this article: (A) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (B) If it is an imitation…

O.C.G.A. § 2-7-54 Commissioner to administer article

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This article shall be administered by the Commissioner of Agriculture of this state. History. — Ga. L. 1976, p. 282, § 2.

O.C.G.A. § 2-7-55 Registration required; exceptions; contents of application; fees; renewal; special local needs

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(a) Every pesticide which is distributed in this state shall be registered with the Commissioner, subject to this article. Such registration shall be renewed annually prior to January 1, provided that registration is not required if a pesticide is shipped from one plant or wareho…

O.C.G.A. § 2-7-56 Issuance of experimental use permits; terms; revocation or modification

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(a) Provided the state is authorized by the administrator of the Environmental Protection Agency to issue experimental use permits, the Commissioner may: (1) Issue an experimental use permit to any person applying for an experimental use permit, if he determines that the applican…

O.C.G.A. § 2-7-57 Licensing of restricted use pesticide dealers required; application; fees; responsibility of dealer

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(a) It shall be unlawful for any person to act in the capacity of a restricted use pesticide dealer, as defined by this article, or to advertise as or assume to act as a restricted use pesticide dealer at any time, without first having obtained an annual license from the Commissi…

O.C.G.A. § 2-7-58 Denial, suspension, or revocation of license, registration, or permit

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The Commissioner is authorized to deny, suspend, or revoke any license, registration, or permit provided for in this article, subject to a hearing and in conformance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ in any case in which he finds that ther…

O.C.G.A. § 2-7-59 Grounds for denial, suspension, or cancellation of registration of pesticides formulated to meet local needs or for seeking legal recourse against them; notice and hearing; judicial review

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(a) Provided the state is certified by the administrator of the Environmental Protection Agency to register pesticides formulated to meet special local needs, the Commissioner may act according to the criteria set forth in this Code section in refusing to register such pesticides…

O.C.G.A. § 2-7-60 Subpoena powers

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The Commissioner may issue subpoenas to compel the attendance of witnesses or the production of books, documents, and records or any combination thereof in this state, in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under t…

O.C.G.A. § 2-7-61 Records to be kept; access by Commissioner; confidentiality

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(a) Any person issued a license, permit, or registration under this article may be required by the Commissioner to keep accurate records containing the following information: (1) The delivery, movement, or holding of any pesticide or device, including the quantity thereof; (2) Th…

O.C.G.A. § 2-7-62 Prohibited acts; exemptions

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(a) It is unlawful for any person to distribute any of the following in this state: (1) Any pesticide which has not been registered pursuant to this article; (2) Any pesticide, if any of the claims made for it or any of the directions for its use or any labeling differs from the …

O.C.G.A. § 2-7-63 Powers of Commissioner generally; rules and regulations

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(a) The Commissioner is authorized, after due notice and an opportunity for a hearing: (1) To declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals) which is injuri…

O.C.G.A. § 2-7-64 Delegation of duties

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All authority vested in the Commissioner by virtue of this article may be executed with like force and effect by such employees of the Department of Agriculture as the Commissioner may designate from time to time for such purposes. History. — Ga. L. 1950, p. 390, § 12; Ga. L. 197…

O.C.G.A. § 2-7-65 Cooperation with grants-in-aid

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federal and state agencies; The Commissioner may cooperate, receive grants-in-aid, and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or of another state for the following purposes, without exclusion: (1) To secure …

O.C.G.A. § 2-7-67 Publication of information

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The Commissioner may publish, in such form as he deems proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides, provided that individual distribution information shall not be a public…

O.C.G.A. § 2-7-68 Designation of trade secrets by applicant; protection from public disclosure; notification of proposed release; declaratory judgment

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(a) In submitting data required by this article, the applicant may: (1) Clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information; and (2) Submit such marked material separately from other material required to be submitted und…

O.C.G.A. § 2-7-69 Sampling and inspections authorized; notice of contemplated proceedings; search warrants; duty of enforcement; injunctions; written warnings authorized for minor violations

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(a) Sampling and examination of pesticides or devices shall be made under the direction of the Commissioner for the purpose of determining whether they comply with the requirements of this article. The Commissioner is authorized, upon presentation of proper identification, to ent…

O.C.G.A. § 2-7-70 Stop sale, use, or removal order

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When the Commissioner has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this article or of any of the prescribed regulations under this article, he may issue and serve a written s…