Title 2 — Agriculture
0 chapters · 388 sections in this title.
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. § 2-7-100 Reciprocal examination waiver
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The Commissioner may waive all or part of the examination requirements provided for in Code Sections 2-7-98, 2-7-99, and 2-7-111 on a reciprocal basis with any other state which has substantially the same standards. History. — Ga. L. 1972, p. 849, § 14; Ga. L. 1976, p. 369, § 16.…
O.C.G.A. § 2-7-104 Records to be kept; inspection thereof
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The Commissioner shall require licensed pesticide contractors and licensed certified commercial applicators who are not employed by or otherwise acting for a licensed pesticide contractor to maintain records with respect to applications of pesticides. Such relevant information as…
O.C.G.A. § 2-7-107 Inspections; search warrants; injunctions
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(a) For the purpose of carrying out this article, the Commissioner may enter upon any public or private premises, at reasonable times, in order to: (1) Have access for the purpose of inspecting any equipment subject to this article; (2) Inspect or sample lands actually or reporte…
O.C.G.A. § 2-7-108 Subpoena powers
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The Commissioner may issue subpoenas to compel the attendance of witnesses and the production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this article. Hist…
O.C.G.A. § 2-7-109 Judicial review of Commissioner’s actions
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Any person aggrieved by any action of the Commissioner may obtain judicial review thereof in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ History. — Ga. L. 1972, p. 849, § 17; Ga. L. 1976, p. 369, § 19. 2-7-110. Reports of pesticide accide…
O.C.G.A. § 2-7-110 Short title
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Purpose of article; legislative findings. Definitions. Commissioner to administer 2-7-111. 253 article; appointment of Pesticide Advisory Board. Delegation of duties. Publication of information; instruction. Cooperative agreements; grants-in-aid. Promulgation of rules and regulat…
O.C.G.A. § 2-7-112 Exemptions from article
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(a) Farmers. Code Section 2-7-99, relating to licenses and requirements for their issuance, shall not apply to any farmer applying pesticides classified for general use for himself or for his farmer neighbors, provided that: (1) He operates farm property and operates and maintain…
O.C.G.A. § 2-7-113 Effect of article on certain other laws
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No provision of this article shall authorize any person to violate any of the provisions of any law or any rules or regulations adopted and promulgated thereunder, the administration and enforcement of which is assigned to the Department of Natural Resources or any division there…
O.C.G.A. § 2-7-114 Penalties
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Any person violating any provision of this article or any regulation adopted hereunder shall be guilty of a misdemeanor. History. — Ga. L. 1972, p. 849, § 19; Ga. L. 1976, p. 369, § 21. 313 T.2, C.7, A.4 AGRICULTURE 2-7-130 ARTICLE 4 PEST CONTROL COMPACT 2-7-130. Enactment; text …
O.C.G.A. § 2-7-130 Enactment; text of compact
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The Pest Control Compact is enacted into law and entered into with all other jurisdictions legally joining therein. The compact is substantially as follows: PEST CONTROL COMPACT ARTICLE I. FINDINGS. The party states find that: (a) In the absence of the higher degree of cooperatio…
O.C.G.A. § 2-7-131 Cooperation with insurance fund
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Consistent with the law of this state and within the limits of funds appropriated or otherwise available, the departments, agencies, and officers of this state may cooperate with the insurance fund established by the Pest Control Compact. History. — Code 1981, § 2-7-131, enacted …
O.C.G.A. § 2-7-132 Filing of compact bylaws and amendments
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Pursuant to Article IV (h) of the Pest Control Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture. History. — Code 1981, § 2-7-132, enacted by Ga. L. 1984, p. 1021, § 1. 2-7-133. Compact administrator.
O.C.G.A. § 2-7-133 Compact administrator
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The compact administrator for the Pest Control Compact for this state shall be the Commissioner of Agriculture. History. — Code 1981, § 2-7-133, enacted by Ga. L. 1984, p. 1021, § 1. 2-7-134. Request or application for assistance from insurance fund. Within the meaning of Article…
O.C.G.A. § 2-7-136 Enactment; text of compact
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Cooperation with insurance fund. Filing of compact bylaws and amendments. Compact administrator. Request or application for assistance from insurance fund. Appropriation of funds; receipt and expenditure of payments. ‘‘Executive head’’ defined. Liability for Use of Fertilizers, P…
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. § 2-7-150 Short title
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This article shall be cited as the ‘‘Georgia Boll Weevil Eradication Act of 1985.’’ History. — Code 1981, § 2-7-150, enacted by Ga. L. 1985, p. 1079, § 1. 2-7-151. Declaration of purpose.
O.C.G.A. § 2-7-151 Declaration of purpose
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The boll weevil, Anthonomus grandis Boheman, is declared to be a serious pest and a menace to the cotton-growing industry. The purpose of this article is to provide for the eradication of this pest. History. — Code 1981, § 2-7-151, enacted by Ga. L. 1985, p. 1079, § 1.
O.C.G.A. § 2-7-152 Definitions
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As used in this article, the term: (1) ‘‘Bale’’ means a running bale of cotton averaging 500 pounds. (1.1) ‘‘Boll weevil’’ means Anthonomus grandis Boheman in any stage of development. (2) ‘‘Certificate’’ means a document issued by the Commissioner certifying that a regulated art…
O.C.G.A. § 2-7-153 Administration and enforcement by Commissioner
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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, § 2-7-153, enacted by Ga. L. 1985, p. 1079, § 1. 2-7-154. Powers of Commissioner.
O.C.G.A. § 2-7-154 Powers of Commissioner
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The Commissioner is authorized to: (1) Cooperate with and, as he may deem necessary, enter into written agreements with any other agency of this state, any agency of the federal government, any agency of another state, any person who may be engaged in the growing, processing, mar…
O.C.G.A. § 2-7-155 Short title
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Declaration of purpose. Definitions. Administration and enforcement by Commissioner. Powers of Commissioner. Certification of cotton growers’ organization by Commissioner;
O.C.G.A. § 2-7-157 Prohibited activities
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It shall be unlawful: (1) To plant cotton in any eradication zone in which planting has been prohibited by the Commissioner; (2) To alter, forge, counterfeit, or engage in the unauthorized use of any certificate, permit, or other document provided for in this article; or (3) To s…
O.C.G.A. § 2-7-158 Penalties
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(a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court. (b) Any cotto…
O.C.G.A. § 2-7-19 Short title
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Definitions. Division of Entomology established. Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized. Duty of Commissioner generally. Publication of information and advice. Cooperative agreements. Purchases and expenditures. …
O.C.G.A. § 2-7-2 Definitions
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As used in this article, the term: 255 2-7-2 (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 other…
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. § 2-7-201 Transport of live feral hogs; permit required
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(a) No person shall transport live feral hogs anywhere in this state unless authorized to do so pursuant to a feral hog transport permit carried on such person while engaging in the transport of such feral hogs. (b)(1) Upon request by any person, the department shall issue a fera…
O.C.G.A. § 2-7-202 Commingling feral hogs with domestic swine prohibited
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No person shall commingle feral hogs with domestic swine or hold feral hogs on any premises where domestic swine are located. History. — Code 1981, § 2-7-202, enacted by Ga. L. 2015, p. 1352, § 3/HB 475. 2-7-203. Penalty for violation.
O.C.G.A. § 2-7-203 Penalty for violation
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Except as provided in subsection (e) of Code Section 2-7-201, any person who violates any provision of this article shall be guilty of a misdemeanor. History. — Code 1981, § 2-7-203, enacted by Ga. L. 2015, p. 1352, § 3/HB 475. 2-7-204. Promulgation of rules and regulations.
O.C.G.A. § 2-7-204 Promulgation of rules and regulations
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The department may promulgate all rules and regulations necessary to administer the provisions of this article. History. — Code 1981, § 2-7-204, enacted by Ga. L. 2015, p. 1352, § 3/HB 475. 337 T.2, C.8 AGRICULTURE T.2, C.8 CHAPTER 8 AGRICULTURAL COMMODITIES PROMOTION Sec. 2-8-18…
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. § 2-7-24 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. 2-7-…
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. § 2-7-3 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. § 2-7-5 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. 2-7-6. Publication of information and advice.
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 Labeling of fertilizer, § 2-12-6
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False or misleading statements or claims made in regard to agricultural liming materials, § 2-12-45. Misrepresentations made in regard to soil amendments, § 2-12-77. Misbranding of commercial feed, § 213-9. Standards for, labeling of, and adulteration of, food generally, T. 26, C…
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. 2-7-55. Registration required; exceptions; contents of application; fees; renewal; special local needs. (a) Every pesticide which is distributed in this state…
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. § 2-7-6 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. § 2-7-60 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…