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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

591 sections·Filtered byTitle 2✕

O.C.G.A. § 2-12-7 Inspection of fertilizer; methods of sampling and analysis; distribution of results
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(a) It shall be the duty of the Commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state and inspect the storage of bulk fertilizer at any time and place and to such extent as he or she may deem necessary to determine whether such fert…
O.C.G.A. § 2-12-8 Inspection fees; quarterly report; collection penalty; effect of failure to file report and pay assessment
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(a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 60¢ per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and …
O.C.G.A. § 2-12-9 Penalties for plant food deficiencies; time for payment; effect of failure to pay; alteration of content of fertilizer by recipient
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(a) Total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (1) If the analysis of the official sample shows that a fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in the regulation…
Short title

Showing 451–500 of 591

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O.C.G.A. § 2-12-40

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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.

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.

O.C.G.A. § 2-12-43 Licenses required; application, annual renewal, fees, revocation; registration of products; application, fees, cancellation

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(a)(1) Each person whose name appears on the label of an agricultural liming material or who is responsible for guaranteeing such liming material must obtain a lime license from the Commissioner before distributing such product in Georgia. (2) All licenses shall expire on June 30…

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…

O.C.G.A. § 2-12-50 Notice and prosecution of violations; hearings; penalty

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(a) If it appears to the Commissioner or the Commissioner’s agents that this article or the rules and regulations issued under this article have been violated, the Commissioner shall cause notice of the violation to be given to the licensee, distributor, or person responsible; an…

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.

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 aquatic life when applied in accordance with the directions for use shown …

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.

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. § 2-12-75 Semiannual reports to be filed; failure to file or false filing as ground for registration revocation

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Each registrant shall keep accurate records of his sales and shall file semiannual reports covering the periods January 1 through June 30 and July 1 through December 31. Such reports shall be due within 30 days from the date of the close of each such period. If the report is not …

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. § 2-12-80 Promulgation and adoption of rules and regulations; sharing of information

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The Commissioner is authorized to promulgate and adopt such rules and regulations as may be necessary to enforce this article. Such regulations may relate to, but shall not be limited to, methods of inspection and examination, designation of ingredients, and identity of products.…

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 soil amendment which the Commissioner determines does not comply with th…

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.

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

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.

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: (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 Commissioner to act on…

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.

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.

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. CHAPTER 13 COMMERCIAL FEEDS Sec. 2-13-1.

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. § 2-13-1 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. § 2-13-12 Establishment of standards for feeds; adoption of rules and regulations

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(a) The Commissioner is authorized to establish standards for commercial feeds. (b) The Commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regula…

O.C.G.A. § 2-13-13 Inspections authorized; receipt for samples; warrant; methods of sampling and analysis generally; forwarding of results

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(a) For the purpose of enforcing this chapter and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the Commissioner, upon presenting appropriat…

O.C.G.A. § 2-13-14 Issuance and enforcement of withdrawal from distribution orders; condemnation and confiscation authorized; disposition of condemned feed

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(a) Withdrawal from distribution orders. When the Commissioner or his authorized agent has reasonable cause to believe that any lot of commercial feed is being distributed in violation of this chapter or any of the prescribed regulations under this chapter, he may issue and enfor…

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.

O.C.G.A. § 2-13-20 Certificate of state chemist or other state employee as prima-facie evidence

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In any controversy or prosecution arising under this chapter, a certificate of the state chemist or other state employee making an analysis or inspection, duly sworn to by the state chemist or the employee, shall be prima-facie evidence of the facts therein certified. History. — …