Title 2 — Agriculture
0 chapters · 388 sections in this title.
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 Repealed by Ga.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…
O.C.G.A. § 2-12-1 Short title
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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
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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
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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
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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
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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, § 2-12-103, 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
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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
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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
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(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
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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
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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 any rule or regulation promulgated under this article notwi…
O.C.G.A. § 2-12-109 Prohibited acts
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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
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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
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(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
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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
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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
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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
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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 any rule or regulation promulgated under this article notwi…
O.C.G.A. § 2-12-2 Definitions
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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
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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 registration, labeling, packaging, sale, storage, transportation, distributi…
O.C.G.A. § 2-12-3 Commissioner to administer article
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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
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(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
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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
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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
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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
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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
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(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
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(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
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(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
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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
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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…