Title 2 — Agriculture
0 chapters · 388 sections in this title.
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…
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. § 2-7-66 Disposition of funds
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Reserved. Repealed by Ga. L. 2010, p. 9, § 1-4.1, effective May 12, 2010. Editor’s notes. — This Code section was based on Ga. L. 1976, p. 282, § 23. 2-7-67. Publication of information.
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. § 2-7-7 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. § 2-7-70 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…
O.C.G.A. § 2-7-72 Effect of article on certain other laws
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No provision of this article shall authorize any person to violate any law or any rules or regulations adopted and promulgated thereunder, the administration and enforcement of which are assigned to the Department of Natural Resources or any division thereof or to the Coastal Mar…
O.C.G.A. § 2-7-73 Penalties
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Any person who violates any provision of this article or of the regulations adopted hereunder shall be guilty of a misdemeanor. History. — Ga. L. 1950, p. 390, § 8; Ga. L. 1976, p. 282, § 18. ARTICLE 3 USE AND APPLICATION OF PESTICIDES
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. § 2-7-90 Short title
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This article shall be cited as the ‘‘Georgia Pesticide Use and Application Act of 1976.’’ History. — Ga. L. 1972, p. 849, § 1; Ga. L. 1976, p. 369, § 1.
O.C.G.A. § 2-7-91 Purpose of article; legislative findings
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The purpose of this article is to regulate, in the public interest, the use and application of pesticides to control pests, as defined in this article. Pesticides perform a valuable role by: (1) Controlling insects, fungi, nematodes, rodents, and other pests which ravage and dest…
O.C.G.A. § 2-7-92 Definitions
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As used in this article, the term: (1) ‘‘Animal’’ means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish. (2) ‘‘Beneficial insects’’ means those insects which, during their life cycles, are effective pollina…
O.C.G.A. § 2-7-94 Delegation of duties
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The functions vested in the Commissioner by this article may be delegated by him to such employees or agents of the department as the Commissioner may from time to time designate for such purposes. History. — Ga. L. 1972, p. 849, § 22; Ga. L. 1976, p. 369, § 24. 2-7-95. Publicati…
O.C.G.A. § 2-7-95 Publication of information; instruction
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The Commissioner may cooperate with educational institutions and other state or federal agencies in publishing information and conducting short courses of instruction in the areas of knowledge required by this article. History. — Ga. L. 1972, p. 849, § 18; Ga. L. 1976, p. 369, § …
O.C.G.A. § 2-7-96 Cooperative agreements; grants-in-aid
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The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or of another state, to obtain assistance in the implementation of this article, in order to: (1) Secure uniformity of re…
O.C.G.A. § 2-7-99 Licensing requirements; applications; issuance; fees; renewal
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(a) Pesticide contractor’s license. (1) Required; additional requirement; fee. No person shall engage in the business of contracting for the application of any pesticide to the lands of another within this state at any time without a pesticide contractor’s license issued by the C…
O.C.G.A. § 2-8-1 Short title
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This chapter may be cited as the ‘‘Georgia Agricultural Commodities Promotion Act.’’ History. — Ga. L. 1961, p. 301, § 2; Ga. L. 1969, p. 763, § 3; Ga. L. 1989, p. 1420, § 1. 2-8-2. Intent and purpose of chapter.
O.C.G.A. § 2-8-100 Levying and collection of assessments
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(a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of any marketing order which authorizes the carrying out of advertising and sales promotion plans, such order shall pro…
O.C.G.A. § 2-8-101 Limitations on application of marketing orders
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Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of this state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all per…
O.C.G.A. § 2-8-102 Deposit and disbursement of funds; investment
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(a) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commis…
O.C.G.A. § 2-8-103 Duties of Attorney General
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(a) The Attorney General of this state shall represent the commission in legal matters and shall be the attorney for the commission. (b) The Attorney General shall, upon complaint by the commission, bring an action in the superior court in the name of the commission for civil pen…
O.C.G.A. § 2-8-104 Violations
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Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor. History. — Code 1981, § 2-8-104, enacted by Ga. L. 2013, p. 74, § 1/HB 298. 2-8-105. Rules and regulati…
O.C.G.A. § 2-8-105 Definitions
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Authority of Commissioner. Creation. Composition; membership. Public corporation and instrumentality of the State of Georgia. Powers, duties, and authority of commission. Immunity from liability. Authority of Commissioner to issue, administer, and enforce provisions of marketing …
O.C.G.A. § 2-8-11 Definitions
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As used in this article, the term: (1) ‘‘Advertising and sales promotion’’ means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of agricultural c…
O.C.G.A. § 2-8-12 Commissioner to administer and enforce article
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The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department. History. — Ga. L. 1961, p. 301, § 4; Ga.…
O.C.G.A. § 2-8-120 Applicability
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This article shall apply only to the Agricultural Commodity Commission for Equines. History. — Code 1981, § 2-8-120, enacted by Ga. L. 2006, p. 632, § 2/SB 380.
O.C.G.A. § 2-8-121 Definitions
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As used in this article, the term: (1) ‘‘Advertising and sales promotion’’ means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to mar…
O.C.G.A. § 2-8-122 Commissioner’s authority
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The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department. 420 2-8-124 History. — Cod…
O.C.G.A. § 2-8-123 Commission created
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There is created the Agricultural Commodity Commission for Equines. History. — Code 1981, § 2-8-123, enacted by Ga. L. 2006, p. 632, § 2/SB 380. 2-8-124. Commission membership; nomination and election of commission members. (a) The commission shall be composed of: (1) The Commiss…
O.C.G.A. § 2-8-126 Receipt, collection, and disbursement of funds
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The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission.…
O.C.G.A. § 2-8-128 Persons handling funds to be bonded
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Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands. History. — Code 1981, § 2-8-128, enacted by Ga. L. 2006, p. 632, § 2/S…
O.C.G.A. § 2-8-131 Issuance, administration, and enforcement of marketing orders; hearing
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(a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders. (b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing ma…
O.C.G.A. § 2-8-134 Limited application of marketing orders
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Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all pers…
O.C.G.A. § 2-8-16 Funds of commissions — Receipt, collection, and disbursement
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The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this article. He shall disburse funds of any entity created under this article only upon the written authorization of the affected…
O.C.G.A. § 2-8-17 Funds of commissions — Treatment as trust funds
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Funds received by the Commissioner under this article shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and …
O.C.G.A. § 2-8-18 Bonds of persons handling funds
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Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands. 355 History. — Ga. L. 1961, p. 301, § 26; Ga. L. 1969, p. 763, § 27; Code 198…
O.C.G.A. § 2-8-19 Liability of commission members and employees
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The members and employees of any commission governed by this article and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other a…
O.C.G.A. § 2-8-2 Intent and purpose of chapter
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It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of agricultural products. The provi…
O.C.G.A. § 2-8-20 Cooperation with state and federal governmental authorities
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The Commissioner and any commission governed by this article are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this st…
O.C.G.A. § 2-8-200 Definitions
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As used in this article, the term: (1) ‘‘Commission’’ means the Agricultural Commodity Commission for Propane created under this article. 430 2-8-202 (2) ‘‘Dealer’’ means any person to whom the office of the Commissioner of Insurance issues a liquid propane license. The term shal…
O.C.G.A. § 2-8-201 Creation
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The Agricultural Commodity Commission for Propane is hereby created. The commission shall be organized and constituted, have corporate existence, possess powers and duties, and be governed and controlled as provided in this article. History. — Code 1981, § 2-8-201, enacted by Ga.…
O.C.G.A. § 2-8-204 Status of commission; oath of office
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The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall assume the duties…