Title 2 — Agriculture
0 chapters · 388 sections in this title.
O.C.G.A. § 2-12-5 Nonresident licensees
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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
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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
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(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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
O.C.G.A. § 2-13-1 Definitions
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As used in this chapter, the term: (1) ‘‘Brand name’’ means any word, name, symbol, or device or any combination thereof identifying the commercial feed of a distributor or licensee and distinguishing it from that of others. (2) ‘‘Commercial feed’’ means all materials except whol…
O.C.G.A. § 2-13-10 When commercial feed deemed adulterated
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A commercial feed shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health, provided that, if the substance is not an added substance, such commercial feed shall not be considered adulterated und…
O.C.G.A. § 2-13-11 Prohibited acts
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The following acts and the causing thereof within this state are prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) The adulteration or misbranding of any commercial feed; (3) The distribution of agricultural commodities,…
O.C.G.A. § 2-13-18 Injunctions
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The Commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other reme…
O.C.G.A. § 2-13-19 Initiation of prosecutions
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(a) It shall be the duty of the Attorney General or each district attorney of a superior court to whom any violation is reported by the Commissioner or his representative to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without…
O.C.G.A. § 2-13-2 Commissioner to administer chapter
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This chapter shall be administered by the Commissioner of Agriculture. History. — Code 1933, § 42-201, enacted by Ga. L. 1972, p. 10, § 1. 2-13-3. Cooperation with other agencies and associations.
O.C.G.A. § 2-13-23 Criminal penalty
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Any person who violates any of the provisions of this chapter or who impedes, hinders, or otherwise prevents or attempts to prevent the Commissioner or his duly authorized agent in the performance of his duty in connection with this chapter shall be guilty of a misdemeanor. 584 H…
O.C.G.A. § 2-13-3 Cooperation with other agencies and associations
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The Commissioner may cooperate and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. History. — Code 1933, § 42-215, enacted …
O.C.G.A. § 2-13-5 Disclosure of protected information
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Any person who uses to his own advantage or reveals to anyone other than the Commissioner, officers of the department, or the courts, when relevant in any judicial proceeding, any information acquired under the authority of this chapter concerning any method, records, formulation…
O.C.G.A. § 2-13-7 Compliance with Chapter 5 of this title
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Every nonresident licensee, at the time of licensing and before distributing commercial feed in this state, shall comply with Chapter 5 of this title, the ‘‘Department of Agriculture Registration, License, and Permit Act.’’ History. — Ga. L. 1945, p. 213, § 10; Code 1933, § 42-21…
O.C.G.A. § 2-13-8 Labeling requirements
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(a) A commercial feed, other than a customer-formula feed, shall be accompanied by a label bearing the following information: (1) The net weight, which may be stated in metric units in addition to the required avoirdupois units; (2) The product name and the brand name, if any, un…
O.C.G.A. § 2-13-9 When commercial feed deemed misbranded
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A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; 576 2-13-10 (3) If it is not labeled as required in Code Section 2-13-8; (4) If it purports to be …
O.C.G.A. § 2-14-123 Violations
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Any person violating any provisions of this part shall be guilty of a misdemeanor. History. — Code 1981, § 2-14-123, enacted by Ga. L. 1990, p. 338, § 1. ARTICLE 6 VIDALIA ONIONS
O.C.G.A. § 2-14-130 Short title
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This article shall be known and may be cited as the ‘‘Vidalia Onion Act of 1986.’’ History. — Code 1981, § 2-14-130, enacted by Ga. L. 1986, p. 3, § 1. 2-14-131. Definitions.
O.C.G.A. § 2-14-131 Definitions
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As used in this article, the term: (1) ‘‘Person’’ means an individual, partnership, corporation, association, or any other legal entity. (2) ‘‘Shipping date’’ means the first day on which Vidalia onions may be shipped for sale. (3) ‘‘Vidalia onion’’ means all onions of the Vidali…
O.C.G.A. § 2-14-132.1 Vidalia onion trademark; royalties; license fees
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The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions. The Commissi…
O.C.G.A. § 2-14-133 Rules and regulations; enforcement of article
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(a) The Commissioner is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state, including the requirements that al…
O.C.G.A. § 2-14-134 Violations; criminal penalties
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(a) It shall be unlawful for any person to sell or offer for sale either inside or outside this state any onions as Vidalia onions unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area. (b) It shall be unlawful for any person to p…
O.C.G.A. § 2-14-135 Civil penalties; injunctions
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(a) Any person who violates any provision of this article or who violates any rule or regulation issued by the Commissioner pursuant to this article shall be liable for a civil penalty in an amount not to exceed $5,000.00 for each and every violation thereof, the amount of such p…
O.C.G.A. § 2-14-136 Marketing season shipping date
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The Commissioner may determine and announce a shipping date each year for the Vidalia onion marketing season in this state upon the recommendation of the Vidalia Onion Advisory Panel. Vidalia onions may be shipped prior to such date with a mandatory U.S. No. 1 grade certificate. …
O.C.G.A. § 2-14-137 Standards for grades
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The standards for grades adopted by the U.S. Department of Agriculture, U.S. Standards for Grades of Bermuda-Granex-Grano Type Onions, effective January 1, 1960, as amended March 18, 1962, and February 20, 1985 (7 C.F.R. 51.3195-51.3209), December 31, 1981, and U.S. Standards for…
O.C.G.A. § 2-14-138 Advisory panel created
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The Commissioner shall appoint a Vidalia Onion Advisory Panel, to consist of individuals involved in growing, packing, or growing and packing Vidalia onions; at least one county cooperative extension agent from the Vidalia onion production area; and any other person or persons se…
O.C.G.A. § 2-14-150 Legislative declarations; intent
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The General Assembly recognizes that persons who patronize farms specializing in pick-your-own agricultural products may incur injuries as a result of the risks involved in such activity. The General Assembly also finds that the state and its citizens derive numerous economic and…
O.C.G.A. § 2-14-151 Definitions
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As used in this article, the term: (1) ‘‘Agricultural products’’ means Christmas trees, fruits, vegetables, pecans, nuts, horticultural products, and other such fresh farm products that are made available to the general public through pick-your-own farm operations. (2) ‘‘Particip…
O.C.G.A. § 2-14-152 Liability of farm owner or operator
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(a) Except as provided in subsection (b) of this Code section, the owner or operator of any farm specializing in pick-your-own agricultural products shall not be liable for an injury to or the death of a participant resulting from the inherent risks of harvesting agricultural pro…
O.C.G.A. § 2-14-41.1 Prohibition against restriction of honeybee production or maintenance
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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 prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives. T…
O.C.G.A. § 2-14-42 Inspections authorized generally
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2-14-43. Inspection of honeybee colonies; assistance in inspection. 2-14-44. Disposition of infected bees or fixtures. 2-14-45. Compensation for destroyed property authorized; appraisal. 2-14-46. Importation of honeybees or secondhand equipment prohibited without special permit. …
O.C.G.A. § 2-14-43 Inspection of honeybee colonies; assistance in inspection
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The Commissioner may require the registration and inspection of honeybee colonies as needed. Such inspections shall be made for the primary purpose of combating the spread of bee diseases, Africanized bees, or any other threat to honeybees in this state. All persons subject to th…
O.C.G.A. § 2-14-44 Disposition of infected bees or fixtures
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The Commissioner, through his agents or employees, may require the removal from this state of any honeybees or beekeeping fixtures which have been brought into the state in violation of this article. If he finds that any bees or fixtures are infected with any contagious or infect…
O.C.G.A. § 2-14-45 Compensation for destroyed property authorized; appraisal
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Whenever bees, hives, or other equipment are ordered destroyed pursuant to Code Section 2-14-44, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner and the owner shall each appoint one…
O.C.G.A. § 2-14-47 Penalty for violation of article or rules or regulations
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Any person, firm, or corporation violating any of the provisions of this article or any of the rules or regulations of the Commissioner adopted in accordance with this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.0…
O.C.G.A. § 2-14-60 Definitions
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As used in this article, the term: (1) ‘‘Grower’’ means any producer of pecans who does not engage in the business of a processor, as defined in paragraph (2) of this Code section, and who does not sell any pecans at wholesale other than those grown by him. (2) ‘‘Processor’’ mean…
O.C.G.A. § 2-14-61 Licenses required of pecan processors and wholesalers
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(a) Within this state, no person, firm, partnership, or corporation shall engage in the processing of pecans other than those grown by him 592 2-14-61 SALE OF AGRIC. & FOREST PRODUCTS 2-14-64 or it or in selling pecans other than those grown by him or it at wholesale without firs…
O.C.G.A. § 2-14-64 Rules and regulations
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The Commissioner is authorized to adopt and promulgate rules and regulations to implement this article and to accomplish its purposes. After they are legally adopted and promulgated, such rules and regulations shall have the force and effect of law. 593 2-14-80 History. — Ga. L. …
O.C.G.A. § 2-14-65 Injunctions
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In addition to the remedies provided in this article and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction. Such courts shall have jurisdiction and for good cause shown shall grant a tempor…