O.C.G.A. § 2-10-98 — GA Code / Title 2 / Chapter 10 / Section 2-10-98
Georgia Code Title 2. Agriculture § 2-10-98
Status: in_force

A cooperative association organized under this article may join with other such associations or with individuals, firms, partnerships, or other associations or corporations engaged in the production of agricultural products to form a nonprofit cooperative association, with or without capital stock, under this article and may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any association, with or without capital stock, or any other corporation engaged in any activity authorized by this article.
O.C.G.A. § 2-10-81 — GA Code / Title 2 / Chapter 10 / Section 2-10-81
Georgia Code Title 2. Agriculture § 2-10-81
Status: in_force

As used in this article, the term:

(1) “Agricultural products” means: (A) Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and (B) Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams.

(1) “Agricultural products” means:

(A) Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and

(A) Any horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm products; and

(B) Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams.

(B) Any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams.

(2) “Association” means any corporation organized under this article.

(2) “Association” means any corporation organized under this article.

(3) “Members” means actual members of associations without capital stock and holders of common stock in associations organized with capital stock.

(3) “Members” means actual members of associations without capital stock and holders of common stock in associations organized with capital stock.

(4) “Persons” means individuals, firms, partnerships, corporations, and associations.

(4) “Persons” means individuals, firms, partnerships, corporations, and associations.
O.C.G.A. § 2-23-9 — GA Code / Title 2 / Chapter 23 / Section 2-23-9
Georgia Code Title 2. Agriculture § 2-23-9
Status: in_force

The department shall be authorized to enter into a contract or contracts with one or more entities to conduct the testing provided for in Code Section 2-23-8 as well as to include the certification, regulatory, and grading functions pursuant to this chapter and regulations promulgated by the department. The department shall additionally comply with all federal inspection, reporting, and auditing requirements.
O.C.G.A. § 2-8-215 — GA Code / Title 2 / Chapter 8 / Section 2-8-215
Georgia Code Title 2. Agriculture § 2-8-215
Status: in_force

Any person who violates any provision of this article or any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for contested cases and recoverable by a civil action brought in the name of the commission. Any moneys recovered pursuant to this Code section shall be applied for the use of the commission.
O.C.G.A. § 2-7-18 — GA Code / Title 2 / Chapter 7 / Section 2-7-18
Georgia Code Title 2. Agriculture § 2-7-18
Status: in_force

In case any person or persons refuse to execute the directions of the Commissioner or refuse to allow the Commissioner or his agents to do so, the judge of the superior court of the county having jurisdiction over such person, upon complaint filed by the Commissioner or any citizen, shall cite the person or persons to appear before him within three days after notice is served. The judge may hear and determine all these cases. Upon satisfactory evidence, the judge shall cause the prescribed treatment to be executed. The expenses thereof and the costs of court shall be collected from the owner or owners of the affected material.
O.C.G.A. § 2-15-7 — GA Code / Title 2 / Chapter 15 / Section 2-15-7
Georgia Code Title 2. Agriculture § 2-15-7
Status: in_force

<Effective upon appropriation of funds for purposes of Laws 2004, Act 728, Part II>

(a) All applications to the department for registration as a pacific white shrimp aquaculturalist shall: (1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agent's address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process.

(a) All applications to the department for registration as a pacific white shrimp aquaculturalist shall:

(1) Designate an address in this state where the applicant can be personally served with legal process;

(1) Designate an address in this state where the applicant can be personally served with legal process;

(2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agent's address in this state; or

(2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agent's address in this state; or

(3) Contain a designation of the Secretary of State for acceptance of service of legal process.

(3) Contain a designation of the Secretary of State for acceptance of service of legal process.

(b) A copy of such application shall be forwarded to the Secretary of State by the department.

(b) A copy of such application shall be forwarded to the Secretary of State by the department.

(c) The Commissioner shall by rule or regulation establish a registration fee in such amount as is reasonable and necessary to cover administrative costs.

(c) The Commissioner shall by rule or regulation establish a registration fee in such amount as is reasonable and necessary to cover administrative costs.
O.C.G.A. § 2-21-6 — GA Code / Title 2 / Chapter 21 / Section 2-21-6
Georgia Code Title 2. Agriculture § 2-21-6
Status: in_force

(a) The Commissioner shall promulgate rules and regulations fixing and establishing reasonable definitions and standards for organic food and feed commodities or products being produced or sold within the State of Georgia.

(a) The Commissioner shall promulgate rules and regulations fixing and establishing reasonable definitions and standards for organic food and feed commodities or products being produced or sold within the State of Georgia.

(b) The Commissioner may adopt, by reference, pursuant to Chapter 13 of Title 50, known as the “Georgia Administrative Procedure Act,” regulations for production, handling, and marketing of organically produced agricultural products as set forth by the United States Department of Agriculture.

(b) The Commissioner may adopt, by reference, pursuant to Chapter 13 of Title 50, known as the “Georgia Administrative Procedure Act,” regulations for production, handling, and marketing of organically produced agricultural products as set forth by the United States Department of Agriculture.

(c) The Commissioner is authorized by rule or regulation to adopt fees which may be charged, collected, and retained by certifying entities as compensation for the services of such certifying entities under the provisions of this chapter.

(c) The Commissioner is authorized by rule or regulation to adopt fees which may be charged, collected, and retained by certifying entities as compensation for the services of such certifying entities under the provisions of this chapter.

(d) The Commissioner is authorized to adopt reasonable rules and regulations necessary to carry out this chapter, to provide for the approval of certifying entities, and to provide for the certification of organic food and feed.

(d) The Commissioner is authorized to adopt reasonable rules and regulations necessary to carry out this chapter, to provide for the approval of certifying entities, and to provide for the certification of organic food and feed.
O.C.G.A. § 2-14-151 — GA Code / Title 2 / Chapter 14 / Section 2-14-151
Georgia Code Title 2. Agriculture § 2-14-151
Status: in_force

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.

(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) “Participant” means any person who enters the farm location, singly or with a group, for the purpose of harvesting fresh farm products from pick-your-own farm operations.

(2) “Participant” means any person who enters the farm location, singly or with a group, for the purpose of harvesting fresh farm products from pick-your-own farm operations.
O.C.G.A. § 2-4-2 — GA Code / Title 2 / Chapter 4 / Section 2-4-2
Georgia Code Title 2. Agriculture § 2-4-2
Status: in_force

(a) As used in this chapter, the term “commission” means the Georgia Seed Development Commission.

(a) As used in this chapter, the term “commission” means the Georgia Seed Development Commission.

(b) There is created a body corporate and politic and an instrumentality and public corporation of this state, to be known as the Georgia Seed Development Commission. It shall have perpetual existence. In such name, it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.

(b) There is created a body corporate and politic and an instrumentality and public corporation of this state, to be known as the Georgia Seed Development Commission. It shall have perpetual existence. In such name, it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.

(c) The commission is assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3 .

(c) The commission is assigned to the Department of Agriculture for administrative purposes only, as prescribed in Code Section 50-4-3 .
O.C.G.A. § 2-7-25 — GA Code / Title 2 / Chapter 7 / Section 2-7-25
Georgia Code Title 2. Agriculture § 2-7-25
Status: in_force

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.
O.C.G.A. § 2-14-132 — GA Code / Title 2 / Chapter 14 / Section 2-14-132
Georgia Code Title 2. Agriculture § 2-14-132
Status: in_force

Only onions which are of the Vidalia onion variety and which are grown within the Vidalia onion production area may be identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as Vidalia onions. The term “Vidalia” may be used in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state only if the onions are of the Vidalia onion variety and are grown in the Vidalia onion production area.
O.C.G.A. § 2-23-1 — GA Code / Title 2 / Chapter 23 / Section 2-23-1
Georgia Code Title 2. Agriculture § 2-23-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Hemp Farming Act.”
O.C.G.A. § 2-6-6 — GA Code / Title 2 / Chapter 6 / Section 2-6-6
Georgia Code Title 2. Agriculture § 2-6-6
Status: in_force

(a) The Cooperative Extension Service is authorized to receive, on behalf of this state, all grants of money or other aid made available from any source to assist the state in carrying out the policy and purposes of this article. All such moneys or other aid, together with any moneys appropriated or other provision made by this state for such purpose, shall be forthwith available to the Cooperative Extension Service as the agency of the state, subject, in the case of any funds or other aid received upon conditions, to the conditions upon which such funds or other aid have been received, for the purpose of administering this article. Such moneys or aid may be expended by the Cooperative Extension Service in carrying out the state plans provided for in Code Section 2-6-5 or in otherwise effectuating the purposes and policies of this article.

(a) The Cooperative Extension Service is authorized to receive, on behalf of this state, all grants of money or other aid made available from any source to assist the state in carrying out the policy and purposes of this article. All such moneys or other aid, together with any moneys appropriated or other provision made by this state for such purpose, shall be forthwith available to the Cooperative Extension Service as the agency of the state, subject, in the case of any funds or other aid received upon conditions, to the conditions upon which such funds or other aid have been received, for the purpose of administering this article. Such moneys or aid may be expended by the Cooperative Extension Service in carrying out the state plans provided for in Code Section 2-6-5 or in otherwise effectuating the purposes and policies of this article.

(b) Subject to any conditions upon which any such money or other aid is made available to the state and subject to the terms of any applicable plan made effective pursuant to this article, such expenditures may include, but need not be limited to, expenditures for: (1) Administration expenses; (2) Equipment; (3) Cost of research and investigation; (4) Cost of educational activities; (5) Compensation and expenses of members of the state advisory board provided for in Code Section 2-6-10 ; (6) Reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for the costs to such agencies, committees, or associations of assisting in the administration of this article when assistance is requested in writing by the Cooperative Extension Service and rendered to the Cooperative Extension Service; (7) Reimbursement of any other fund from which the Cooperative Extension Service has made expenditures in providing services in the administration of this article; (8) Payments to agricultural producers provided for in any plan made effective pursuant to this article; (9) Salaries of employees; and (10) All other expenditures requisite to carrying out the provisions and purposes of this article.

(b) Subject to any conditions upon which any such money or other aid is made available to the state and subject to the terms of any applicable plan made effective pursuant to this article, such expenditures may include, but need not be limited to, expenditures for:

(1) Administration expenses;

(1) Administration expenses;

(2) Equipment;

(2) Equipment;

(3) Cost of research and investigation;

(3) Cost of research and investigation;

(4) Cost of educational activities;

(4) Cost of educational activities;

(5) Compensation and expenses of members of the state advisory board provided for in Code Section 2-6-10 ;

(5) Compensation and expenses of members of the state advisory board provided for in Code Section 2-6-10 ;

(6) Reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for the costs to such agencies, committees, or associations of assisting in the administration of this article when assistance is requested in writing by the Cooperative Extension Service and rendered to the Cooperative Extension Service;

(6) Reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for the costs to such agencies, committees, or associations of assisting in the administration of this article when assistance is requested in writing by the Cooperative Extension Service and rendered to the Cooperative Extension Service;

(7) Reimbursement of any other fund from which the Cooperative Extension Service has made expenditures in providing services in the administration of this article;

(7) Reimbursement of any other fund from which the Cooperative Extension Service has made expenditures in providing services in the administration of this article;

(8) Payments to agricultural producers provided for in any plan made effective pursuant to this article;

(8) Payments to agricultural producers provided for in any plan made effective pursuant to this article;

(9) Salaries of employees; and

(9) Salaries of employees; and

(10) All other expenditures requisite to carrying out the provisions and purposes of this article.

(10) All other expenditures requisite to carrying out the provisions and purposes of this article.

(c) The Cooperative Extension Service shall provide for the keeping of full and accurate accounts as such state agency, showing all receipts and expenditures of moneys, securities, or other property received, held, or expended under this article, and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under this article.

(c) The Cooperative Extension Service shall provide for the keeping of full and accurate accounts as such state agency, showing all receipts and expenditures of moneys, securities, or other property received, held, or expended under this article, and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under this article.
O.C.G.A. § 2-8-59 — GA Code / Title 2 / Chapter 8 / Section 2-8-59
Georgia Code Title 2. Agriculture § 2-8-59
Status: in_force

The members and employees of the commission 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 acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
O.C.G.A. § 2-7-30 — GA Code / Title 2 / Chapter 7 / Section 2-7-30
Georgia Code Title 2. Agriculture § 2-7-30
Status: in_force

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 hereto is declared to constitute a public nuisance. Such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution as for a misdemeanor.
O.C.G.A. § 2-5-1 — GA Code / Title 2 / Chapter 5 / Section 2-5-1
Georgia Code Title 2. Agriculture § 2-5-1
Status: in_force

This chapter may be cited as the “Department of Agriculture Registration, License, and Permit Act.”
O.C.G.A. § 2-7-131 — GA Code / Title 2 / Chapter 7 / Section 2-7-131
Georgia Code Title 2. Agriculture § 2-7-131
Status: in_force

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.
O.C.G.A. § 2-10-53-1 — GA Code / Title 2 / Chapter 10 / Section 2-10-53-1
Georgia Code Title 2. Agriculture § 2-10-53.1
Status: repealed

(a) The Commissioner shall establish, operate, and maintain this state's farmers' markets under the oversight of a legislative advisory committee to be composed as follows: (1) The chairpersons of the House Appropriations Subcommittee for Economic Development and Tourism and the Senate Appropriations Subcommittee for Agriculture and Consumer Affairs or their designees, ex officio; (2) The chairperson of the House Agriculture and Consumer Affairs Committee or his or her designee; (3) The chairperson of the Senate Agriculture and Consumer Affairs Committee or his or her designee; (4) Three members of the House of Representatives appointed by the chairperson of the House Agriculture and Consumer Affairs Committee; and (5) Three members of the Senate appointed by the chairperson of the Senate Agriculture and Consumer Affairs Committee.

(a) The Commissioner shall establish, operate, and maintain this state's farmers' markets under the oversight of a legislative advisory committee to be composed as follows:

(1) The chairpersons of the House Appropriations Subcommittee for Economic Development and Tourism and the Senate Appropriations Subcommittee for Agriculture and Consumer Affairs or their designees, ex officio;

(1) The chairpersons of the House Appropriations Subcommittee for Economic Development and Tourism and the Senate Appropriations Subcommittee for Agriculture and Consumer Affairs or their designees, ex officio;

(2) The chairperson of the House Agriculture and Consumer Affairs Committee or his or her designee;

(2) The chairperson of the House Agriculture and Consumer Affairs Committee or his or her designee;

(3) The chairperson of the Senate Agriculture and Consumer Affairs Committee or his or her designee;

(3) The chairperson of the Senate Agriculture and Consumer Affairs Committee or his or her designee;

(4) Three members of the House of Representatives appointed by the chairperson of the House Agriculture and Consumer Affairs Committee; and

(4) Three members of the House of Representatives appointed by the chairperson of the House Agriculture and Consumer Affairs Committee; and

(5) Three members of the Senate appointed by the chairperson of the Senate Agriculture and Consumer Affairs Committee.

(5) Three members of the Senate appointed by the chairperson of the Senate Agriculture and Consumer Affairs Committee.

(b) The members of the legislative advisory committee shall appoint the committee's chairperson and vice-chairperson, who shall each serve two-year terms to coincide with the legislative biennium of the General Assembly.

(b) The members of the legislative advisory committee shall appoint the committee's chairperson and vice-chairperson, who shall each serve two-year terms to coincide with the legislative biennium of the General Assembly.

(c) The members of the legislative advisory committee shall receive the allowances provided for in Code Section 28-1-8 .

(c) The members of the legislative advisory committee shall receive the allowances provided for in Code Section 28-1-8 .

(d) The legislative advisory committee created by this Code section shall be tasked with the duty to: (1) Commission an independent study of the economic viability and public benefit of each existing farmers' market with an analysis of the benefits to this state's agribusiness economy, including this state's farmers, food supply chain, grocers, restaurants, agri-tourism, local economies, and the effectiveness of the marketing of Georgia grown products. Upon completion of the study, the findings shall be presented to the legislative advisory committee; and (2) Using such findings as provided for in paragraph (1) of this subsection, coordinate with the Commissioner and the department to develop a five-year plan for all of this state's farmers' markets that maximizes the public benefit of all farmers' market properties and ensures efficient and fiscally responsible operation of such markets.

(d) The legislative advisory committee created by this Code section shall be tasked with the duty to:

(1) Commission an independent study of the economic viability and public benefit of each existing farmers' market with an analysis of the benefits to this state's agribusiness economy, including this state's farmers, food supply chain, grocers, restaurants, agri-tourism, local economies, and the effectiveness of the marketing of Georgia grown products. Upon completion of the study, the findings shall be presented to the legislative advisory committee; and

(1) Commission an independent study of the economic viability and public benefit of each existing farmers' market with an analysis of the benefits to this state's agribusiness economy, including this state's farmers, food supply chain, grocers, restaurants, agri-tourism, local economies, and the effectiveness of the marketing of Georgia grown products. Upon completion of the study, the findings shall be presented to the legislative advisory committee; and

(2) Using such findings as provided for in paragraph (1) of this subsection, coordinate with the Commissioner and the department to develop a five-year plan for all of this state's farmers' markets that maximizes the public benefit of all farmers' market properties and ensures efficient and fiscally responsible operation of such markets.

(2) Using such findings as provided for in paragraph (1) of this subsection, coordinate with the Commissioner and the department to develop a five-year plan for all of this state's farmers' markets that maximizes the public benefit of all farmers' market properties and ensures efficient and fiscally responsible operation of such markets.

(e) This Code section shall stand repealed on January 10, 2027.

(e) This Code section shall stand repealed on January 10, 2027.
O.C.G.A. § 2-6-26 — GA Code / Title 2 / Chapter 6 / Section 2-6-26
Georgia Code Title 2. Agriculture § 2-6-26
Status: in_force

All employees of the State Soil and Water Conservation Commission, not including members of the commission, shall be subject to a merit system of employment as promulgated by the commission, under which all such employees shall be selected on a basis of merit, fitness, and efficiency, according to law. All such employees are authorized to become and be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. There shall be paid from the funds appropriated for the operation of the State Soil and Water Conservation Commission all employer contributions required by Chapter 2 of Title 47 creating the Employees' Retirement System of Georgia. All rights, credits, and funds in such retirement system which were possessed by persons at the time of their employment by the commission are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the commission.
O.C.G.A. § 2-9-9 — GA Code / Title 2 / Chapter 9 / Section 2-9-9
Georgia Code Title 2. Agriculture § 2-9-9
Status: in_force

(a) Every dealer in agricultural products, upon the receipt of agricultural products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying: (1) The name and address of the producer consigning such agricultural products; (2) The date of receipt; (3) The kind and quality of such products; (4) The amount of goods sold; (5) The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of “cash”; (6) The selling price; and (7) The items of expenses connected therewith.

(a) Every dealer in agricultural products, upon the receipt of agricultural products on a consignment basis and as he handles and disposes of the same, shall make and preserve for at least one year a record thereof, specifying:

(1) The name and address of the producer consigning such agricultural products;

(1) The name and address of the producer consigning such agricultural products;

(2) The date of receipt;

(2) The date of receipt;

(3) The kind and quality of such products;

(3) The kind and quality of such products;

(4) The amount of goods sold;

(4) The amount of goods sold;

(5) The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of “cash”;

(5) The name and address of the purchaser, provided that where sales total less than $5.00 in value, such sales may be made to the order of “cash”;

(6) The selling price; and

(6) The selling price; and

(7) The items of expenses connected therewith.

(7) The items of expenses connected therewith.

(b) An “account of sales,” together with payment in settlement for such shipment, shall be mailed to the producer within 48 hours after the sale of such agricultural products, unless otherwise agreed in writing.

(b) An “account of sales,” together with payment in settlement for such shipment, shall be mailed to the producer within 48 hours after the sale of such agricultural products, unless otherwise agreed in writing.
O.C.G.A. § 2-12-11 — GA Code / Title 2 / Chapter 12 / Section 2-12-11
Georgia Code Title 2. Agriculture § 2-12-11
Status: in_force

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:

(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label;

(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label;

(2) Its composition falls below or differs from that which it is purported to possess by its labeling;

(2) Its composition falls below or differs from that which it is purported to possess by its labeling;

(3) It contains unwanted crop seed or weed seed; or

(3) It contains unwanted crop seed or weed seed; or

(4) It contains domestic septage as such term is defined in 40 C.F.R. 503.9 .

(4) It contains domestic septage as such term is defined in 40 C.F.R. 503.9 .
O.C.G.A. § 2-12-5 — GA Code / Title 2 / Chapter 12 / Section 2-12-5
Georgia Code Title 2. Agriculture § 2-12-5
Status: in_force

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.”
O.C.G.A. § 2-7-104 — GA Code / Title 2 / Chapter 7 / Section 2-7-104
Georgia Code Title 2. Agriculture § 2-7-104
Status: in_force

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 the Commissioner may deem necessary to be recorded and maintained may be specified by regulation. Such records shall be kept for a period of time specified by the Commissioner by regulation. The Commissioner or his authorized designee shall be permitted to inspect such records during normal business hours at the place where they are maintained. Upon request in writing, the Commissioner or his authorized designee shall be furnished with a copy of such records forthwith by the licensee.
O.C.G.A. § 2-8-130 — GA Code / Title 2 / Chapter 8 / Section 2-8-130
Georgia Code Title 2. Agriculture § 2-8-130
Status: in_force

The Commissioner and the commission 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 state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
O.C.G.A. § 2-8-79 — GA Code / Title 2 / Chapter 8 / Section 2-8-79
Georgia Code Title 2. Agriculture § 2-8-79
Status: in_force

The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 2-7-3 — GA Code / Title 2 / Chapter 7 / Section 2-7-3
Georgia Code Title 2. Agriculture § 2-7-3
Status: in_force

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.
O.C.G.A. § 2-6-10 — GA Code / Title 2 / Chapter 6 / Section 2-6-10
Georgia Code Title 2. Agriculture § 2-6-10
Status: in_force

(a) The Cooperative Extension Service shall, by regulation, provide for the selection of five persons of legal age, resident in this state, to act as farmer members of a state advisory board. Such members shall be selected from the standpoint of their actual farming experience and comprehensive understanding of the agricultural problems of this state and shall represent, as nearly as possible, all sections of the state and all major types of farming.

(a) The Cooperative Extension Service shall, by regulation, provide for the selection of five persons of legal age, resident in this state, to act as farmer members of a state advisory board. Such members shall be selected from the standpoint of their actual farming experience and comprehensive understanding of the agricultural problems of this state and shall represent, as nearly as possible, all sections of the state and all major types of farming.

(b) The state advisory board, upon the request of the Cooperative Extension Service, shall advise the Cooperative Extension Service with regard to all matters of major importance in carrying out this article and may, in the absence of such request, submit advice and information to the Cooperative Extension Service with respect to the administration of this article.

(b) The state advisory board, upon the request of the Cooperative Extension Service, shall advise the Cooperative Extension Service with regard to all matters of major importance in carrying out this article and may, in the absence of such request, submit advice and information to the Cooperative Extension Service with respect to the administration of this article.
O.C.G.A. § 2-6-3 — GA Code / Title 2 / Chapter 6 / Section 2-6-3
Georgia Code Title 2. Agriculture § 2-6-3
Status: in_force

As used in this article, the term:

(1) “Other states of the United States” includes Puerto Rico.

(1) “Other states of the United States” includes Puerto Rico.

(2) “Person” means an individual, corporation, partnership, firm, business trust, joint-stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.

(2) “Person” means an individual, corporation, partnership, firm, business trust, joint-stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.
O.C.G.A. § 2-2-9 — GA Code / Title 2 / Chapter 2 / Section 2-2-9
Georgia Code Title 2. Agriculture § 2-2-9
Status: in_force

The Commissioner is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this title.
O.C.G.A. § 2-11-71 — GA Code / Title 2 / Chapter 11 / Section 2-11-71
Georgia Code Title 2. Agriculture § 2-11-71
Status: in_force

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.

(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.

(2) “Council” means the Seed Arbitration Council.

(3) “Person” means an individual, firm, partnership, corporation, or company.

(3) “Person” means an individual, firm, partnership, corporation, or company.

(4) “Purchaser” means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter or any commercial fruit or nut tree.

(4) “Purchaser” means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter or any commercial fruit or nut tree.

(5) “Seller” means any person who sells seed, including but not limited to the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation and any person who sells commercial fruit or nut trees.

(5) “Seller” means any person who sells seed, including but not limited to the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation and any person who sells commercial fruit or nut trees.
O.C.G.A. § 2-12-6 — GA Code / Title 2 / Chapter 12 / Section 2-12-6
Georgia Code Title 2. Agriculture § 2-12-6
Status: in_force

(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 when no primary plant nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); (5) Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and (6) Any other information as prescribed by regulation.

(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;

(1) Net weight;

(2) Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed;

(2) Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed;

(3) Guaranteed analysis;

(3) Guaranteed analysis;

(4) Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee);

(4) Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements:

(A) Made for (name of licensee); or

(A) Made for (name of licensee); or

(B) Distributed by (name of licensee);

(B) Distributed by (name of licensee);

(5) Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and

(5) Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and

(6) Any other information as prescribed by regulation.

(6) Any other information as prescribed by regulation.

(b) In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(b) In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(c) Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section.

(c) Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section.
O.C.G.A. § 2-14-120 — GA Code / Title 2 / Chapter 14 / Section 2-14-120
Georgia Code Title 2. Agriculture § 2-14-120
Status: in_force

(a) As used in this part, the term “dimension lumber” means lumber that is at least two inches (nominal) thick and up to but not including five inches (nominal) thick and two inches or more in width.

(a) As used in this part, the term “dimension lumber” means lumber that is at least two inches (nominal) thick and up to but not including five inches (nominal) thick and two inches or more in width.

(b) The Commissioner shall require with respect to the grading of dimension lumber that standards shall be in conformity with those which are currently adopted by the American Lumber Standards Committee under the auspices of the United States Department of Commerce.

(b) The Commissioner shall require with respect to the grading of dimension lumber that standards shall be in conformity with those which are currently adopted by the American Lumber Standards Committee under the auspices of the United States Department of Commerce.
O.C.G.A. § 2-7-64 — GA Code / Title 2 / Chapter 7 / Section 2-7-64
Georgia Code Title 2. Agriculture § 2-7-64
Status: in_force

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.
O.C.G.A. § 2-13-23 — GA Code / Title 2 / Chapter 13 / Section 2-13-23
Georgia Code Title 2. Agriculture § 2-13-23
Status: in_force

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.
O.C.G.A. § 2-8-36 — GA Code / Title 2 / Chapter 8 / Section 2-8-36
Georgia Code Title 2. Agriculture § 2-8-36
Status: in_force

Any person who violates any provision of this article or any provision of any marketing order duly issued by any commission under this article shall be guilty of a misdemeanor.
O.C.G.A. § 2-5-4 — GA Code / Title 2 / Chapter 5 / Section 2-5-4
Georgia Code Title 2. Agriculture § 2-5-4
Status: in_force

The filing of an application with the department for registration, a license, or a permit shall constitute an admission by the applicant that the applicant is doing business in this state.
O.C.G.A. § 2-8-91 — GA Code / Title 2 / Chapter 8 / Section 2-8-91
Georgia Code Title 2. Agriculture § 2-8-91
Status: in_force

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.
O.C.G.A. § 2-12-18 — GA Code / Title 2 / Chapter 12 / Section 2-12-18
Georgia Code Title 2. Agriculture § 2-12-18
Status: in_force

In addition to stop sale, stop use, or removal orders, any lot of fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction in the area in which such fertilizer is located. If the court finds such fertilizer to be in violation of this article and orders the condemnation of such fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of this state, provided that in no instance shall the disposition of such fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such fertilizer or for permission to process or relabel such fertilizer to bring it into compliance with this article.
O.C.G.A. § 2-6-43 — GA Code / Title 2 / Chapter 6 / Section 2-6-43
Georgia Code Title 2. Agriculture § 2-6-43
Status: in_force

Agencies of this state which have jurisdiction over or are charged with the administration of any state-owned lands lying within the boundaries of any district and agencies of any county or other governmental subdivision of the state which have jurisdiction over or are charged with the administration of any county-owned or other publicly owned lands lying within the boundaries of any such district shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under this article. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land use regulations adopted pursuant to Code Sections 2-6-35 through 2-6-38 shall be in all respects observed by the agencies administering such publicly owned lands.
O.C.G.A. § 2-7-201 — GA Code / Title 2 / Chapter 7 / Section 2-7-201
Georgia Code Title 2. Agriculture § 2-7-201
Status: in_force

(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.

(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 feral hog transport permit authorizing such person to transport live feral hogs; provided, however, that such permit shall only authorize the transportation of live feral hogs directly to slaughter, to a slaughtering facility, or to any other type of facility approved and licensed by the department, unless otherwise directed pursuant to an order issued by the state veterinarian. (2) The cost of a feral hog transport permit shall not exceed $15.00.

(b)(1) Upon request by any person, the department shall issue a feral hog transport permit authorizing such person to transport live feral hogs; provided, however, that such permit shall only authorize the transportation of live feral hogs directly to slaughter, to a slaughtering facility, or to any other type of facility approved and licensed by the department, unless otherwise directed pursuant to an order issued by the state veterinarian.

(b)(1) Upon request by any person, the department shall issue a feral hog transport permit authorizing such person to transport live feral hogs; provided, however, that such permit shall only authorize the transportation of live feral hogs directly to slaughter, to a slaughtering facility, or to any other type of facility approved and licensed by the department, unless otherwise directed pursuant to an order issued by the state veterinarian.

(2) The cost of a feral hog transport permit shall not exceed $15.00.

(2) The cost of a feral hog transport permit shall not exceed $15.00.

(c) The department may require a license for the operation of any facility which holds but does not slaughter live feral hogs. The cost of such license shall not exceed $100.00.

(c) The department may require a license for the operation of any facility which holds but does not slaughter live feral hogs. The cost of such license shall not exceed $100.00.

(d) Any fees for licenses collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(d) Any fees for licenses collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(e) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4 ; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. In addition, any license or permit previously issued under Title 27 to any such person shall by operation of law be revoked and shall not be reissued for a period of three years after the date of conviction. Such person shall be notified of the revocation by the Department of Natural Resources either personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24 .

(e) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4 ; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00. In addition, any license or permit previously issued under Title 27 to any such person shall by operation of law be revoked and shall not be reissued for a period of three years after the date of conviction. Such person shall be notified of the revocation by the Department of Natural Resources either personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24 .
O.C.G.A. § 2-8-121 — GA Code / Title 2 / Chapter 8 / Section 2-8-121
Georgia Code Title 2. Agriculture § 2-8-121
Status: in_force

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 market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines.

(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 market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines.

(2) “ Commission ” means the Agricultural Commodity Commission for Equines created under this article.

(2) “ Commission ” means the Agricultural Commodity Commission for Equines created under this article.

(3) “ Equine ” means any member of the Equidae family, including horses, mules, hinnies, and asses.

(3) “ Equine ” means any member of the Equidae family, including horses, mules, hinnies, and asses.

(4) “ Person ” means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.

(4) “ Person ” means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.

(5) “ Producer ” means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.

(5) “ Producer ” means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes.
O.C.G.A. § 2-14-80-1 — GA Code / Title 2 / Chapter 14 / Section 2-14-80-1
Georgia Code Title 2. Agriculture § 2-14-80.1
Status: in_force

(a) Any person using weight as a basis to determine board feet, cords, or units of pulpwood or timber who buys or offers to buy any pulpwood or timber within this state shall provide the seller or prospective seller of such pulpwood or timber with a quotation of the price of such pulpwood or timber calculated in dollars per 1000 pounds. This Code section shall not prohibit or restrict the use of any acceptable method to calculate the weight or quantity of pulpwood or timber. This Code section shall not be construed as requiring the purchase or use of scales for the purpose of measuring wood, nor shall it be construed as altering the common trade definition of a cord as being equivalent to 128 cubic feet.

(a) Any person using weight as a basis to determine board feet, cords, or units of pulpwood or timber who buys or offers to buy any pulpwood or timber within this state shall provide the seller or prospective seller of such pulpwood or timber with a quotation of the price of such pulpwood or timber calculated in dollars per 1000 pounds. This Code section shall not prohibit or restrict the use of any acceptable method to calculate the weight or quantity of pulpwood or timber. This Code section shall not be construed as requiring the purchase or use of scales for the purpose of measuring wood, nor shall it be construed as altering the common trade definition of a cord as being equivalent to 128 cubic feet.

(b) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

(b) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 2-7-19 — GA Code / Title 2 / Chapter 7 / Section 2-7-19
Georgia Code Title 2. Agriculture § 2-7-19
Status: in_force

When two reputable citizens of any county in this state notify the Commissioner, from belief, that noxious insects or plant diseases exist in their county, the Commissioner shall ascertain as speedily as possible the nature and extent of the condition reported. If, after such investigation, it is determined by the Commissioner that it is necessary or desirable for the public interest, he shall act with all due diligence to control or eradicate such insects or plant diseases by giving notice to the owner, tenant, or agent of the owner of such premises to treat such affected plants or other things or substances according to the methods he may prescribe or to destroy them within the period set forth in such notice. If, after the expiration of the period set forth in the notice, the affected materials or other things or substances have not been destroyed or treated as prescribed in the notice or the treatment has not been properly applied or is not effectual in ridding the affected materials, things, or substances of the pests, the Commissioner shall cause such affected materials, things, or substances to be properly treated or destroyed, as his judgment warrants. The cost of the work shall be assessed against the owner of the premises and shall be collected in the same manner as that provided in Code Section 2-7-17 .
O.C.G.A. § 2-8-5 — GA Code / Title 2 / Chapter 8 / Section 2-8-5
Georgia Code Title 2. Agriculture § 2-8-5
Status: in_force

(a) As used in this Code section, the term: (1) “ Agricultural commodities ” means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. (2) “Processor” has the meaning provided by Code Section 2-8-11 . (3) “Producer” has the meaning provided by Code Section 2-8-11 .

(a) As used in this Code section, the term:

(1) “ Agricultural commodities ” means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.

(1) “ Agricultural commodities ” means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.

(2) “Processor” has the meaning provided by Code Section 2-8-11 .

(2) “Processor” has the meaning provided by Code Section 2-8-11 .

(3) “Producer” has the meaning provided by Code Section 2-8-11 .

(3) “Producer” has the meaning provided by Code Section 2-8-11 .

(b) The Commissioner shall be authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use in connection with the general promotion of agricultural commodities as being Georgia grown.

(b) The Commissioner shall be authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use in connection with the general promotion of agricultural commodities as being Georgia grown.
O.C.G.A. § 2-14-153 — GA Code / Title 2 / Chapter 14 / Section 2-14-153
Georgia Code Title 2. Agriculture § 2-14-153
Status: in_force

(a) Every owner and operator of a pick-your-own farm operation shall post and maintain white signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.

(a) Every owner and operator of a pick-your-own farm operation shall post and maintain white signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location near the entrance of the farm. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an owner or operator shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.

(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice: “Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.”

(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:

“Under Georgia law, an owner or operator of a pick-your-own farm location is not liable for an injury to or the death of a participant from the inherent risks of harvesting agricultural products, pursuant to Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated.”

(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall not prevent an owner or operator from invoking the privileges of immunity provided by this article.

(c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall not prevent an owner or operator from invoking the privileges of immunity provided by this article.
O.C.G.A. § 2-14-134 — GA Code / Title 2 / Chapter 14 / Section 2-14-134
Georgia Code Title 2. Agriculture § 2-14-134
Status: in_force

(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.

(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 package, label, identify, or classify any onions for sale inside or outside this state as Vidalia onions or to use the term “Vidalia” in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state 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 package, label, identify, or classify any onions for sale inside or outside this state as Vidalia onions or to use the term “Vidalia” in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area.

(c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.

(c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both.

(d) It shall be unlawful for any person to sell onions in a manner which does not comply with the rules or regulations established by the Commissioner under authority of Code Section 2-14-133 .

(d) It shall be unlawful for any person to sell onions in a manner which does not comply with the rules or regulations established by the Commissioner under authority of Code Section 2-14-133 .
O.C.G.A. § 2-8-38 — GA Code / Title 2 / Chapter 8 / Section 2-8-38
Georgia Code Title 2. Agriculture § 2-8-38
Status: in_force

This article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this article.
O.C.G.A. § 2-9-7 — GA Code / Title 2 / Chapter 9 / Section 2-9-7
Georgia Code Title 2. Agriculture § 2-9-7
Status: in_force

The Commissioner may decline to grant a license or may suspend or revoke a license already granted if he is satisfied that the applicant or licensee has:

(1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied;

(1) Suffered a money judgment to be entered against him upon which execution has been returned unsatisfied;

(2) Made false charges for handling or services rendered;

(2) Made false charges for handling or services rendered;

(3) Failed to account promptly and properly or to make settlements with any producer;

(3) Failed to account promptly and properly or to make settlements with any producer;

(4) Made any false statement or statements as to condition, quality, or quantity of goods received or held for sale when he could have ascertained the true condition, quality, or quantity by reasonable inspection;

(4) Made any false statement or statements as to condition, quality, or quantity of goods received or held for sale when he could have ascertained the true condition, quality, or quantity by reasonable inspection;

(5) Made any false or misleading statement or statements as to market conditions or service rendered;

(5) Made any false or misleading statement or statements as to market conditions or service rendered;

(6) Been guilty of a fraud in the attempt to procure or in the procurement of a license; or

(6) Been guilty of a fraud in the attempt to procure or in the procurement of a license; or

(7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer consigning the same or without notifying such producer.

(7) Directly or indirectly sold agricultural products received on consignment or on a net return basis for his own account, without prior authority from the producer consigning the same or without notifying such producer.
O.C.G.A. § 2-8-2 — GA Code / Title 2 / Chapter 8 / Section 2-8-2
Georgia Code Title 2. Agriculture § 2-8-2
Status: in_force

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 provisions of this chapter which provide for the financing of the cost of programs authorized under this chapter are expressly found, determined, and declared to be an exercise of the authority vested in the General Assembly by this provision of the Constitution. It is the purpose of this chapter to promote agricultural products and commodities, provide education related to such agricultural products and commodities, and promote research concerning such agricultural products and commodities.
O.C.G.A. § 2-16-1 — GA Code / Title 2 / Chapter 16 / Section 2-16-1
Georgia Code Title 2. Agriculture § 2-16-1
Status: in_force

The General Assembly finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitutes an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers, marketers, or sellers to recover damages for the disparagement of any perishable product or commodity.
O.C.G.A. § 2-14-46 — GA Code / Title 2 / Chapter 14 / Section 2-14-46
Georgia Code Title 2. Agriculture § 2-14-46
Status: in_force

The shipment or movement into this state of any honeybees on comb, honeybees in hives, secondhand beehives, honeycomb, frames, used bee shipping cages, secondhand honey containers, or other used beekeeping fixtures is prohibited, except under special permit issued by the Commissioner under such rules and regulations as may be prescribed by him in accordance with Code Section 2-14-41 .
O.C.G.A. § 2-7-57 — GA Code / Title 2 / Chapter 7 / Section 2-7-57
Georgia Code Title 2. Agriculture § 2-7-57
Status: in_force

(a) It shall be unlawful for any person to act in the capacity of a restricted use pesticide dealer, as defined by this article, or to advertise as or assume to act as a restricted use pesticide dealer at any time, without first having obtained an annual license from the Commissioner, which license shall expire on December 31 of each year. A license shall be required for each location or outlet located within this state from which restricted use pesticides or pesticides with state restricted uses are distributed, provided that any manufacturer, registrant, or distributor who has no pesticide dealer outlet within this state and who distributes such pesticides directly into this state shall obtain a restricted use pesticide dealer license for his principal out-of-state location or outlet.

(a) It shall be unlawful for any person to act in the capacity of a restricted use pesticide dealer, as defined by this article, or to advertise as or assume to act as a restricted use pesticide dealer at any time, without first having obtained an annual license from the Commissioner, which license shall expire on December 31 of each year. A license shall be required for each location or outlet located within this state from which restricted use pesticides or pesticides with state restricted uses are distributed, provided that any manufacturer, registrant, or distributor who has no pesticide dealer outlet within this state and who distributes such pesticides directly into this state shall obtain a restricted use pesticide dealer license for his principal out-of-state location or outlet.

(b) Application for a license shall be accompanied by a $55.00 annual license fee, shall be on a form prescribed by the Commissioner, and shall include the full name of the person applying for such license. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officers of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(b) Application for a license shall be accompanied by a $55.00 annual license fee, shall be on a form prescribed by the Commissioner, and shall include the full name of the person applying for such license. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officers of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(c) This Code section shall not apply to a licensed pesticide contractor who sells pesticides only as an integral part of his pesticide application service, when such pesticides are dispensed only through equipment used for such pesticide application, or to a federal, state, county, or municipal agency which provides pesticides only for its own programs.

(c) This Code section shall not apply to a licensed pesticide contractor who sells pesticides only as an integral part of his pesticide application service, when such pesticides are dispensed only through equipment used for such pesticide application, or to a federal, state, county, or municipal agency which provides pesticides only for its own programs.

(d) If an application for renewal of a restricted use pesticide dealer license is not filed on or prior to January 1 of any one year, an additional fee of $15.00 shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued.

(d) If an application for renewal of a restricted use pesticide dealer license is not filed on or prior to January 1 of any one year, an additional fee of $15.00 shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued.

(e) Each restricted use pesticide dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer's license shall be subject to denial, suspension, or revocation, after a hearing, for any violation of this article or regulations issued hereunder, whether committed by the dealer or by the dealer's officer, agent, or employee.

(e) Each restricted use pesticide dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer's license shall be subject to denial, suspension, or revocation, after a hearing, for any violation of this article or regulations issued hereunder, whether committed by the dealer or by the dealer's officer, agent, or employee.
O.C.G.A. § 2-10-54 — GA Code / Title 2 / Chapter 10 / Section 2-10-54
Georgia Code Title 2. Agriculture § 2-10-54
Status: in_force

All full-time employees of the department whose regular work duties involve the operation of any farmers' market are prohibited from engaging in business as a “dealer in agricultural products,” as that term is defined in Code Section 2-9-1 , during their term of employment.
O.C.G.A. § 2-10-103 — GA Code / Title 2 / Chapter 10 / Section 2-10-103
Georgia Code Title 2. Agriculture § 2-10-103
Status: in_force

During any fiscal year, a cooperative association organized under this article may handle agricultural products of and engage in other business for nonmembers in value equal to but not greater than that for members.
O.C.G.A. § 2-12-40 — GA Code / Title 2 / Chapter 12 / Section 2-12-40
Georgia Code Title 2. Agriculture § 2-12-40
Status: in_force

This article shall be known and may be cited as the “Georgia Liming Materials Act of 1996.”
O.C.G.A. § 2-12-47 — GA Code / Title 2 / Chapter 12 / Section 2-12-47
Georgia Code Title 2. Agriculture § 2-12-47
Status: in_force

(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.

(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 state which contains toxic materials in quantities determined by the Commissioner which may be injurious to plants or animals.

(b) No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities determined by the Commissioner which may be injurious to plants or animals.

(c) No agricultural liming material which contains domestic septage as such term is defined in 40 C.F.R. 503.9 shall be sold or offered for sale in this state.

(c) No agricultural liming material which contains domestic septage as such term is defined in 40 C.F.R. 503.9 shall be sold or offered for sale in this state.
O.C.G.A. § 2-7-50 — GA Code / Title 2 / Chapter 7 / Section 2-7-50
Georgia Code Title 2. Agriculture § 2-7-50
Status: in_force

This article shall be known as the “Georgia Pesticide Control Act of 1976.”
O.C.G.A. § 2-8-23-1 — GA Code / Title 2 / Chapter 8 / Section 2-8-23-1
Georgia Code Title 2. Agriculture § 2-8-23.1
Status: in_force

(a) No marketing order issued by the Agricultural Commodity Commission for Beef shall impose an assessment in excess of $1.00 per head on bovine animals sold, nor shall any assessment be placed on any bovine animal which sells for less than $100.00.

(a) No marketing order issued by the Agricultural Commodity Commission for Beef shall impose an assessment in excess of $1.00 per head on bovine animals sold, nor shall any assessment be placed on any bovine animal which sells for less than $100.00.

(b) The Agricultural Commodity Commission for Beef may in its discretion lower the assessment amount imposed by any marketing regulation duly issued under the authority provided by this article.

(b) The Agricultural Commodity Commission for Beef may in its discretion lower the assessment amount imposed by any marketing regulation duly issued under the authority provided by this article.

(c) No marketing order issued by the Agricultural Commodity Commission for Wine and Grapes shall exceed the highest excise tax levied under Code Section 3-6-50 .

(c) No marketing order issued by the Agricultural Commodity Commission for Wine and Grapes shall exceed the highest excise tax levied under Code Section 3-6-50 .
O.C.G.A. § 2-8-102 — GA Code / Title 2 / Chapter 8 / Section 2-8-102
Georgia Code Title 2. Agriculture § 2-8-102
Status: in_force

(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 Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds.

(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 Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds.

(b) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission to annually review these investments and determine that such investments comply with this Code section.

(b) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission to annually review these investments and determine that such investments comply with this Code section.
O.C.G.A. § 2-12-102 — GA Code / Title 2 / Chapter 12 / Section 2-12-102
Georgia Code Title 2. Agriculture § 2-12-102
Status: in_force

As used in this article, the term:

(1) “Bulk” means not in a package or in packages of one cubic yard or more.

(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 behalf of the Commissioner.

(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 behalf of the Commissioner.

(3) “Custom medium” means a horticultural growing medium which is prepared to exact specifications of the person who will be planting in the medium and delivered directly to that person without intermediate or further distribution.

(3) “Custom medium” means a horticultural growing medium which is prepared to exact specifications of the person who will be planting in the medium and delivered directly to that person without intermediate or further distribution.

(4) “Department” means the Georgia Department of Agriculture.

(4) “Department” means the Georgia Department of Agriculture.

(5) “Distribute” means to offer for sale, sell, barter, exchange, or otherwise supply or make available.

(5) “Distribute” means to offer for sale, sell, barter, exchange, or otherwise supply or make available.

(6) “Horticultural growing medium” means any substance or mixture of substances which is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.

(6) “Horticultural growing medium” means any substance or mixture of substances which is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.

(7) “Label” means the display of all written, printed, or graphic matter on or attached to the immediate container accompanying the lot of horticultural growing medium.

(7) “Label” means the display of all written, printed, or graphic matter on or attached to the immediate container accompanying the lot of horticultural growing medium.

(8) “Labeling” means, in addition to the label, any written, printed, or graphic matter accompanying any horticultural growing medium or any advertisements, brochures, posters, television or radio announcements, or any other oral or written material used in promoting a horticultural growing medium.

(8) “Labeling” means, in addition to the label, any written, printed, or graphic matter accompanying any horticultural growing medium or any advertisements, brochures, posters, television or radio announcements, or any other oral or written material used in promoting a horticultural growing medium.

(9) “Person” means individuals, partnerships, corporations, other organized bodies or entities, or any combination thereof.

(9) “Person” means individuals, partnerships, corporations, other organized bodies or entities, or any combination thereof.

(10) “Registrant” means the person whose name appears on the label of a horticultural growing medium and who is responsible for labeling such medium.

(10) “Registrant” means the person whose name appears on the label of a horticultural growing medium and who is responsible for labeling such medium.
O.C.G.A. § 2-19-1 — GA Code / Title 2 / Chapter 19 / Section 2-19-1
Georgia Code Title 2. Agriculture § 2-19-1
Status: in_force

This chapter is enacted pursuant to the authority granted to the General Assembly by Article III, Section VI, Paragraph II(a)(3) of the Constitution of the State of Georgia and section 1121 of the federal Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, Public Law 105-277 , as amended, and is for the purpose of creating an indemnity fund and making expenditures from such fund to indemnify cotton producers in this state for losses incurred in 1998 or 1999 from the loss of certain properly stored, harvested cotton.
O.C.G.A. § 2-12-17 — GA Code / Title 2 / Chapter 12 / Section 2-12-17
Georgia Code Title 2. Agriculture § 2-12-17
Status: in_force

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 exposed for sale in violation of any of the provisions of this article until the law has been complied with and said fertilizer is released in writing by the Commissioner or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
O.C.G.A. § 2-8-96 — GA Code / Title 2 / Chapter 8 / Section 2-8-96
Georgia Code Title 2. Agriculture § 2-8-96
Status: in_force

The members and employees of the commission and the Commissioner shall be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, “The Georgia Tort Claims Act.''
O.C.G.A. § 2-9-13 — GA Code / Title 2 / Chapter 9 / Section 2-9-13
Georgia Code Title 2. Agriculture § 2-9-13
Status: in_force

The Commissioner shall adopt and enforce rules and regulations deemed necessary to carry out this article.
O.C.G.A. § 2-8-18 — GA Code / Title 2 / Chapter 8 / Section 2-8-18
Georgia Code Title 2. Agriculture § 2-8-18
Status: in_force

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.
O.C.G.A. § 2-7-1 — GA Code / Title 2 / Chapter 7 / Section 2-7-1
Georgia Code Title 2. Agriculture § 2-7-1
Status: in_force

This article shall be known as “The Entomology Act of 1937.”
O.C.G.A. § 2-9-4 — GA Code / Title 2 / Chapter 9 / Section 2-9-4
Georgia Code Title 2. Agriculture § 2-9-4
Status: in_force

Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7 , he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5 , a state license entitling the applicant to conduct business as a dealer in agricultural products. An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid.
O.C.G.A. § 2-7-16 — GA Code / Title 2 / Chapter 7 / Section 2-7-16
Georgia Code Title 2. Agriculture § 2-7-16
Status: in_force

Whenever inspection discloses that any places, plants or plant products, or other things or substances are infested or infected with any dangerous plant pest which has been declared a public nuisance under this article, the Commissioner or the Commissioner's agents or employees shall give written notice to the owner or other person in possession or control of the place where such things are found, in person or by registered or certified mail or statutory overnight delivery. Such owner or other person shall proceed to control, eradicate, or prevent the dissemination of such plant pest and to remove, cut, or destroy infested or infected plants and plant products or other things or substances within the time and in the manner prescribed by the notice or the rules and regulations made pursuant to this article or to take an appeal as provided in Code Section 2-7-24 .
O.C.G.A. § 2-8-100 — GA Code / Title 2 / Chapter 8 / Section 2-8-100
Georgia Code Title 2. Agriculture § 2-8-100
Status: in_force

(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 provide for the levying of assessments upon producers or processors utilizing the Georgia grown trademark. Such orders shall be in sufficient amounts to defray the expenses of such activities. Each such order shall indicate the maximum rate of any such assessment. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate is proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment.

(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 provide for the levying of assessments upon producers or processors utilizing the Georgia grown trademark. Such orders shall be in sufficient amounts to defray the expenses of such activities. Each such order shall indicate the maximum rate of any such assessment. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate is proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment.

(b) The commission may prescribe such rules as may be necessary and reasonable for the orderly collection of assessments and may take all legal action necessary to enforce payment of such assessments.

(b) The commission may prescribe such rules as may be necessary and reasonable for the orderly collection of assessments and may take all legal action necessary to enforce payment of such assessments.
O.C.G.A. § 2-7-101 — GA Code / Title 2 / Chapter 7 / Section 2-7-101
Georgia Code Title 2. Agriculture § 2-7-101
Status: in_force

(a) If the application for renewal of any license, permit, or certification is not filed prior to the first day of the succeeding license period, a penalty of 50 percent shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license, permit, or certification is issued.

(a) If the application for renewal of any license, permit, or certification is not filed prior to the first day of the succeeding license period, a penalty of 50 percent shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license, permit, or certification is issued.

(b) Any person holding a current valid license, permit, or certification may renew such license, permit, or certification for the next year or the next license period, subject to reexamination or such other requirements as the Commissioner may impose by regulation to ensure that applicators continue to meet the needs of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.

(b) Any person holding a current valid license, permit, or certification may renew such license, permit, or certification for the next year or the next license period, subject to reexamination or such other requirements as the Commissioner may impose by regulation to ensure that applicators continue to meet the needs of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.

(c) If a license, permit, or certification is not renewed within 60 days after the beginning of a new license period, then such licensee, permittee, or certificate holder shall be required to take another examination.

(c) If a license, permit, or certification is not renewed within 60 days after the beginning of a new license period, then such licensee, permittee, or certificate holder shall be required to take another examination.
O.C.G.A. § 2-8-205 — GA Code / Title 2 / Chapter 8 / Section 2-8-205
Georgia Code Title 2. Agriculture § 2-8-205
Status: in_force

The commission is authorized, and it shall be its duty to receive, collect, and disburse the funds of the commission.
O.C.G.A. § 2-8-207 — GA Code / Title 2 / Chapter 8 / Section 2-8-207
Georgia Code Title 2. Agriculture § 2-8-207
Status: in_force

Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of such funds. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the commission shall be signed by the chairperson of the commission.
O.C.G.A. § 2-6-32 — GA Code / Title 2 / Chapter 6 / Section 2-6-32
Georgia Code Title 2. Agriculture § 2-6-32
Status: in_force

(a) The supervisors of a district may utilize the services of the county agricultural agents and the facilities of the county agricultural agents' offices insofar as practicable and feasible. With the approval of the commission they may employ additional employees and agents, permanent and temporary, as they may require and may determine their qualifications, duties, and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as they may deem proper.

(a) The supervisors of a district may utilize the services of the county agricultural agents and the facilities of the county agricultural agents' offices insofar as practicable and feasible. With the approval of the commission they may employ additional employees and agents, permanent and temporary, as they may require and may determine their qualifications, duties, and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as they may deem proper.

(b) The supervisors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as the commission may require in the performance of its duties under this article.

(b) The supervisors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as the commission may require in the performance of its duties under this article.

(c) The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. They shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted and shall provide to the commission summary financial data listing cash receipts and disbursements for each state fiscal year.

(c) The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. They shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted and shall provide to the commission summary financial data listing cash receipts and disbursements for each state fiscal year.

(d) Any supervisor may be removed by the commission, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

(d) Any supervisor may be removed by the commission, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

(e) The supervisors of a district may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.

(e) The supervisors of a district may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
O.C.G.A. § 2-11-2 — GA Code / Title 2 / Chapter 11 / Section 2-11-2
Georgia Code Title 2. Agriculture § 2-11-2
Status: in_force

(a) Any person who deceives or defrauds any person in the sale of nursery stock by substituting stock other than that contracted for or different varieties of seedlings than those represented or contracted for or who falsely represents the name, class, description, or condition of any nursery stock or who makes any false statement or promise for the purpose of making a sale of nursery stock shall be guilty of a misdemeanor.

(a) Any person who deceives or defrauds any person in the sale of nursery stock by substituting stock other than that contracted for or different varieties of seedlings than those represented or contracted for or who falsely represents the name, class, description, or condition of any nursery stock or who makes any false statement or promise for the purpose of making a sale of nursery stock shall be guilty of a misdemeanor.

(b) Any person, acting either as principal or agent, who sells any fruit or nut trees representing the same to be of a certain kind, variety, or description and thereafter delivers to the purchaser, in filling such order and completing such sale, any fruit or nut trees of a different kind, variety, or description shall be guilty of a misdemeanor.

(b) Any person, acting either as principal or agent, who sells any fruit or nut trees representing the same to be of a certain kind, variety, or description and thereafter delivers to the purchaser, in filling such order and completing such sale, any fruit or nut trees of a different kind, variety, or description shall be guilty of a misdemeanor.
O.C.G.A. § 2-17-1 — GA Code / Title 2 / Chapter 17 / Section 2-17-1
Georgia Code Title 2. Agriculture § 2-17-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Grown Farm to Food Bank Program (F2FB).”
O.C.G.A. § 2-7-31 — GA Code / Title 2 / Chapter 7 / Section 2-7-31
Georgia Code Title 2. Agriculture § 2-7-31
Status: in_force

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 article or in the rules and regulations made pursuant hereto or who interferes with or obstructs any inspector or other employee or agent of the department in the performance of his duties shall be guilty of a misdemeanor.
O.C.G.A. § 2-13-4 — GA Code / Title 2 / Chapter 13 / Section 2-13-4
Georgia Code Title 2. Agriculture § 2-13-4
Status: in_force

The Commissioner may publish, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable and a report of the results of the analyses of official samples of commercial feeds sold within this state as compared with the analyses guaranteed in the registration and on the label. The information concerning production and use of commercial feed shall not disclose the operations of any person.
O.C.G.A. § 2-8-35 — GA Code / Title 2 / Chapter 8 / Section 2-8-35
Georgia Code Title 2. Agriculture § 2-8-35
Status: in_force

(a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.

(a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.

(b) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he has received an agricultural commodity regulated by a marketing order issued and in effect under this article and the quantity of such commodity received shall be guilty of a misdemeanor.

(b) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he has received an agricultural commodity regulated by a marketing order issued and in effect under this article and the quantity of such commodity received shall be guilty of a misdemeanor.
O.C.G.A. § 2-7-12 — GA Code / Title 2 / Chapter 7 / Section 2-7-12
Georgia Code Title 2. Agriculture § 2-7-12
Status: in_force

The Commissioner may visit any section of this state in which any dangerous pest is supposed to exist and determine whether any infested trees, plants, or other things or substances are worthy of remedial treatment or shall be destroyed. The Commissioner may supervise or cause the treatment, cutting, or destruction of plants, trees, or other things or substances when deemed necessary to prevent or control the dissemination of plant pests or to eradicate same and may prescribe rules and regulations therefor.
O.C.G.A. § 2-12-108 — GA Code / Title 2 / Chapter 12 / Section 2-12-108
Georgia Code Title 2. Agriculture § 2-12-108
Status: in_force

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 notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond.
O.C.G.A. § 2-7-108 — GA Code / Title 2 / Chapter 7 / Section 2-7-108
Georgia Code Title 2. Agriculture § 2-7-108
Status: in_force

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.
O.C.G.A. § 2-7-105 — GA Code / Title 2 / Chapter 7 / Section 2-7-105
Georgia Code Title 2. Agriculture § 2-7-105
Status: in_force

The Commissioner may provide for inspection of any equipment used for application of pesticides. He may require repairs or other changes before its further use for pesticide application. A list of requirements which equipment must meet may be adopted by regulation.
O.C.G.A. § 2-7-133 — GA Code / Title 2 / Chapter 7 / Section 2-7-133
Georgia Code Title 2. Agriculture § 2-7-133
Status: in_force

The compact administrator for the Pest Control Compact for this state shall be the Commissioner of Agriculture.
O.C.G.A. § 2-8-129 — GA Code / Title 2 / Chapter 8 / Section 2-8-129
Georgia Code Title 2. Agriculture § 2-8-129
Status: in_force

The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
O.C.G.A. § 2-8a-7 — GA Code / Title 2 / Chapter 8A / Section 2-8a-7
Georgia Code Title 2. Agriculture § 2-8A-7
Status: in_force

Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity, whichever is later. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund.
O.C.G.A. § 2-3-7 — GA Code / Title 2 / Chapter 3 / Section 2-3-7
Georgia Code Title 2. Agriculture § 2-3-7
Status: in_force

The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.
O.C.G.A. § 2-7-170 — GA Code / Title 2 / Chapter 7 / Section 2-7-170
Georgia Code Title 2. Agriculture § 2-7-170
Status: in_force

(a) No person, firm, or corporation engaged in an agricultural, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the “Georgia Pesticide Control Act of 1976,” and Article 3 of this chapter, known as the “Georgia Pesticide Use and Application Act of 1976,” shall be responsible or liable under this title, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that: (1) Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use; (2) The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of such approval, recommendation, or permit were violated or that warnings or limitations regarding the application or use were ignored; and (3) Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place.

(a) No person, firm, or corporation engaged in an agricultural, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the “Georgia Pesticide Control Act of 1976,” and Article 3 of this chapter, known as the “Georgia Pesticide Use and Application Act of 1976,” shall be responsible or liable under this title, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that:

(1) Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use;

(1) Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use;

(2) The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of such approval, recommendation, or permit were violated or that warnings or limitations regarding the application or use were ignored; and

(2) The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of such approval, recommendation, or permit were violated or that warnings or limitations regarding the application or use were ignored; and

(3) Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place.

(3) Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place.

(b) Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use.

(b) Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use.

(c) All orders issued by the Department of Agriculture and the Department of Natural Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the commissioner of natural resources.

(c) All orders issued by the Department of Agriculture and the Department of Natural Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the commissioner of natural resources.

(d) Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide.

(d) Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide.
O.C.G.A. § 2-2-8 — GA Code / Title 2 / Chapter 2 / Section 2-2-8
Georgia Code Title 2. Agriculture § 2-2-8
Status: in_force

(a) The Commissioner is authorized to advertise and promote the agricultural resources of this state through the use of educational exhibits at agricultural fairs. When he so desires, the Commissioner is authorized to establish such exhibits in cooperation with the College of Agricultural and Environmental Sciences of the University of Georgia, the Cooperative Extension Service of the University of Georgia, and other departments of this state.

(a) The Commissioner is authorized to advertise and promote the agricultural resources of this state through the use of educational exhibits at agricultural fairs. When he so desires, the Commissioner is authorized to establish such exhibits in cooperation with the College of Agricultural and Environmental Sciences of the University of Georgia, the Cooperative Extension Service of the University of Georgia, and other departments of this state.

(b) For an event to qualify as an agricultural fair, the organization sponsoring such fair must: (1) Be able to show that at least 10 percent of the total receipts thereof are paid out in the form of premiums, scholarships, or agricultural programs; and (2) Be a nonprofit organization, spending the profits of the fair on the enterprise or paying them out in the form of premiums, scholarships, or educational programs.

(b) For an event to qualify as an agricultural fair, the organization sponsoring such fair must:

(1) Be able to show that at least 10 percent of the total receipts thereof are paid out in the form of premiums, scholarships, or agricultural programs; and

(1) Be able to show that at least 10 percent of the total receipts thereof are paid out in the form of premiums, scholarships, or agricultural programs; and

(2) Be a nonprofit organization, spending the profits of the fair on the enterprise or paying them out in the form of premiums, scholarships, or educational programs.

(2) Be a nonprofit organization, spending the profits of the fair on the enterprise or paying them out in the form of premiums, scholarships, or educational programs.

(c) Transportation costs, space rental, and utility costs at any agricultural fair shall be borne by the organization sponsoring such fair.

(c) Transportation costs, space rental, and utility costs at any agricultural fair shall be borne by the organization sponsoring such fair.

(d) Nothing in this Code section shall be construed to prohibit governmental agencies from participating in or exhibiting the resources of this state at any agricultural fair.

(d) Nothing in this Code section shall be construed to prohibit governmental agencies from participating in or exhibiting the resources of this state at any agricultural fair.
O.C.G.A. § 2-7-65 — GA Code / Title 2 / Chapter 7 / Section 2-7-65
Georgia Code Title 2. Agriculture § 2-7-65
Status: in_force

The Commissioner may cooperate, receive grants-in-aid, and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or of another state for the following purposes, without exclusion:

(1) To secure uniformity of regulations;

(1) To secure uniformity of regulations;

(2) To enter into cooperative agreements with the Environmental Protection Agency to register pesticides under the authority of this article and FIFRA;

(2) To enter into cooperative agreements with the Environmental Protection Agency to register pesticides under the authority of this article and FIFRA;

(3) To cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities or any combination thereof and to implement cooperative enforcement programs including, but not limited to, the registration and inspection of establishments;

(3) To cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities or any combination thereof and to implement cooperative enforcement programs including, but not limited to, the registration and inspection of establishments;

(4) To enter into a contract for monitoring pesticides for the national plan; and

(4) To enter into a contract for monitoring pesticides for the national plan; and

(5) To prepare and submit state plans to meet federal certification standards or for issuing experimental use permits.

(5) To prepare and submit state plans to meet federal certification standards or for issuing experimental use permits.
O.C.G.A. § 2-7-111 — GA Code / Title 2 / Chapter 7 / Section 2-7-111
Georgia Code Title 2. Agriculture § 2-7-111
Status: in_force

(a) All state agencies, municipal corporations, and other governmental agencies shall be subject to this article and rules adopted hereunder concerning the application and use of pesticides.

(a) All state agencies, municipal corporations, and other governmental agencies shall be subject to this article and rules adopted hereunder concerning the application and use of pesticides.

(b) Employees of agencies listed in subsection (a) of this Code section who use or supervise the use of restricted use pesticides restricted to use by certified applicators or state restricted pesticide uses restricted to use by certified applicators shall be subject to the requirements provided for in paragraph (2) of subsection (b) of Code Section 2-7-99 , provided that the Commissioner shall issue a limited license without a fee to such public applicator who has qualified for such license. Such license shall be valid only when such applicator is acting as an applicator applying or supervising application of pesticides used by such entities. Government research personnel shall be exempt from this licensing requirement when applying pesticides, other than restricted use pesticides restricted to use by certified applicators or state restricted pesticide uses restricted to use by certified applicators, to experimental plots only. Individuals licensed pursuant to this subsection shall be certified commercial applicators for the use of “restricted use pesticides” covered by the applicant's classification.

(b) Employees of agencies listed in subsection (a) of this Code section who use or supervise the use of restricted use pesticides restricted to use by certified applicators or state restricted pesticide uses restricted to use by certified applicators shall be subject to the requirements provided for in paragraph (2) of subsection (b) of Code Section 2-7-99 , provided that the Commissioner shall issue a limited license without a fee to such public applicator who has qualified for such license. Such license shall be valid only when such applicator is acting as an applicator applying or supervising application of pesticides used by such entities. Government research personnel shall be exempt from this licensing requirement when applying pesticides, other than restricted use pesticides restricted to use by certified applicators or state restricted pesticide uses restricted to use by certified applicators, to experimental plots only. Individuals licensed pursuant to this subsection shall be certified commercial applicators for the use of “restricted use pesticides” covered by the applicant's classification.

(c) Such governmental agencies and municipal corporations shall be subject to legal recourse by any person damaged by the application of any pesticide. Such action may be brought in the county where the damage or some part thereof occurred.

(c) Such governmental agencies and municipal corporations shall be subject to legal recourse by any person damaged by the application of any pesticide. Such action may be brought in the county where the damage or some part thereof occurred.
O.C.G.A. § 2-12-46 — GA Code / Title 2 / Chapter 12 / Section 2-12-46
Georgia Code Title 2. Agriculture § 2-12-46
Status: in_force

(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 liming materials are in compliance with the provisions of this article. The Commissioner, individually or through his or her agent, is authorized to enter upon any public or private premises or carrier during regular business hours in order to have access to agricultural liming material subject to the provisions of this article and regulations pertaining thereto and to the records relating to their distribution.

(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 liming materials are in compliance with the provisions of this article. The Commissioner, individually or through his or her agent, is authorized to enter upon any public or private premises or carrier during regular business hours in order to have access to agricultural liming material subject to the provisions of this article and regulations pertaining thereto and to the records relating to their distribution.

(b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists (AOAC) or such other methods approved by the Commissioner.

(b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists (AOAC) or such other methods approved by the Commissioner.

(c) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the Commissioner as provided for by regulation.

(c) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the Commissioner as provided for by regulation.
O.C.G.A. § 2-9-39 — GA Code / Title 2 / Chapter 9 / Section 2-9-39
Georgia Code Title 2. Agriculture § 2-9-39
Status: in_force

Each grain dealer under this article must be equipped with or have available to him suitable scales which are in good order and so arranged that all grain can be weighed by the dealer. The scales belonging to or used by such grain dealer shall be subject to examination by representatives of the Commissioner and to disapproval by the Commissioner. If the Commissioner disapproves of any weighing apparatus, it shall not be used in ascertaining the weight of grain for the purpose of this article until such disapproval is withdrawn.
O.C.G.A. § 2-4-9 — GA Code / Title 2 / Chapter 4 / Section 2-4-9
Georgia Code Title 2. Agriculture § 2-4-9
Status: in_force

The Governor is authorized to convey to the commission on behalf of the state any real or personal property or interest therein owned by the state in furtherance of this chapter. The consideration for such conveyance shall be determined by the Governor and expressed in the conveyance, provided that such consideration shall be nominal, the benefits going to the state and its citizens constituting full and adequate consideration. If, within one year after a conveyance by the Governor, use of the property conveyed has not been made by the commission, such property or interest shall revert to the state.
O.C.G.A. § 2-8-68 — GA Code / Title 2 / Chapter 8 / Section 2-8-68
Georgia Code Title 2. Agriculture § 2-8-68
Status: in_force

(a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.

(a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof.

(b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.

(b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.

(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article.

(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article.
O.C.G.A. § 2-3-12 — GA Code / Title 2 / Chapter 3 / Section 2-3-12
Georgia Code Title 2. Agriculture § 2-3-12
Status: in_force

Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Houston County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Furthermore, the venue for actions brought against the authority shall be in the Superior Court of Houston County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this chapter shall be construed to impair any rights afforded the state under the Constitution of the United States.
O.C.G.A. § 2-14-150 — GA Code / Title 2 / Chapter 14 / Section 2-14-150
Georgia Code Title 2. Agriculture § 2-14-150
Status: in_force

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 personal benefits from such activity. The General Assembly finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage the direct sale of agricultural products from farmers to the general public by limiting the civil liability of farmers involved in such activity.
O.C.G.A. § 2-6-5 — GA Code / Title 2 / Chapter 6 / Section 2-6-5
Georgia Code Title 2. Agriculture § 2-6-5
Status: in_force

(a) The Cooperative Extension Service is authorized and directed to formulate for each calendar year and to submit to the secretary of agriculture of the United States for and in the name of this state, a state plan for carrying out the purposes of this article during such calendar year.

(a) The Cooperative Extension Service is authorized and directed to formulate for each calendar year and to submit to the secretary of agriculture of the United States for and in the name of this state, a state plan for carrying out the purposes of this article during such calendar year.

(b) The Cooperative Extension Service is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this article, it finds necessary to provide for the more substantial accomplishment of the purposes of this article.

(b) The Cooperative Extension Service is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this article, it finds necessary to provide for the more substantial accomplishment of the purposes of this article.

(c) Each such plan shall provide for such participation in its administration by such voluntary county and community committees or associations of agricultural producers, organized for such purposes, as the Cooperative Extension Service determines to be necessary or proper for the effective administration of the plan.

(c) Each such plan shall provide for such participation in its administration by such voluntary county and community committees or associations of agricultural producers, organized for such purposes, as the Cooperative Extension Service determines to be necessary or proper for the effective administration of the plan.

(d) Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods: (1) For such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities as the Cooperative Extension Service determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state; and (2) For payments to agricultural producers, in connection with such agreements or methods, in such amounts as the Cooperative Extension Service determines to be fair, reasonable, and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.

(d) Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods:

(1) For such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities as the Cooperative Extension Service determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state; and

(1) For such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities as the Cooperative Extension Service determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state; and

(2) For payments to agricultural producers, in connection with such agreements or methods, in such amounts as the Cooperative Extension Service determines to be fair, reasonable, and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.

(2) For payments to agricultural producers, in connection with such agreements or methods, in such amounts as the Cooperative Extension Service determines to be fair, reasonable, and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.

(e) Any such plan shall provide for such educational programs as the Cooperative Extension Service determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this article.

(e) Any such plan shall provide for such educational programs as the Cooperative Extension Service determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this article.

(f) Each such plan shall contain an estimate of expenditures necessary to carry out such plan, together with a statement of such amount as the Cooperative Extension Service determines to be necessary to be paid by the secretary of agriculture of the United States as a grant in aid of such plan under Section 7 of the federal Soil Conservation and Domestic Allotment Act, 1 in order to provide for the effective carrying out of such plan and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the Cooperative Extension Service to be necessary for carrying out such plan during such period.

(f) Each such plan shall contain an estimate of expenditures necessary to carry out such plan, together with a statement of such amount as the Cooperative Extension Service determines to be necessary to be paid by the secretary of agriculture of the United States as a grant in aid of such plan under Section 7 of the federal Soil Conservation and Domestic Allotment Act, 1 in order to provide for the effective carrying out of such plan and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the Cooperative Extension Service to be necessary for carrying out such plan during such period.

(g) The Cooperative Extension Service shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans.

(g) The Cooperative Extension Service shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans.

1 16 U.S.C.A. § 590g.
O.C.G.A. § 2-12-19 — GA Code / Title 2 / Chapter 12 / Section 2-12-19
Georgia Code Title 2. Agriculture § 2-12-19
Status: in_force

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 notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond.
O.C.G.A. § 2-12-48 — GA Code / Title 2 / Chapter 12 / Section 2-12-48
Georgia Code Title 2. Agriculture § 2-12-48
Status: in_force

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 following provisions:

(1) In the event the neutralizing value (calcium carbonate equivalent) is found deficient, the penalty shall be 50¢ per percentage point or fraction thereof on all liming materials;

(1) In the event the neutralizing value (calcium carbonate equivalent) is found deficient, the penalty shall be 50¢ per percentage point or fraction thereof on all liming materials;

(2) In the event the magnesium (Mg) is found to be deficient, the penalty shall be $1.00 per percentage point or fraction thereof on all liming materials;

(2) In the event the magnesium (Mg) is found to be deficient, the penalty shall be $1.00 per percentage point or fraction thereof on all liming materials;

(3) When an official sample does not meet screen specifications as set forth in this article, the penalty shall be 50¢ per percentage point or fraction thereof for each sieve size failing to meet its guarantee;

(3) When an official sample does not meet screen specifications as set forth in this article, the penalty shall be 50¢ per percentage point or fraction thereof for each sieve size failing to meet its guarantee;

(4) If the moisture content of an official sample exceeds the guarantee, a penalty of $1.00 per ton shall be assessed for each increase in moisture of 5 percent or fraction thereof;

(4) If the moisture content of an official sample exceeds the guarantee, a penalty of $1.00 per ton shall be assessed for each increase in moisture of 5 percent or fraction thereof;

(5) When an official sample is subject to a penalty, the tonnage represented by the official sample shall be subject to a minimum penalty of $10.00 and a maximum penalty not to exceed the actual retail value of the liming material; and

(5) When an official sample is subject to a penalty, the tonnage represented by the official sample shall be subject to a minimum penalty of $10.00 and a maximum penalty not to exceed the actual retail value of the liming material; and

(6) Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty payment will be made to the Commissioner to be deposited in the state treasury.

(6) Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty payment will be made to the Commissioner to be deposited in the state treasury.
O.C.G.A. § 2-12-10 — GA Code / Title 2 / Chapter 12 / Section 2-12-10
Georgia Code Title 2. Agriculture § 2-12-10
Status: in_force

No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if:

(1) Its labeling is false or misleading in any particular;

(1) Its labeling is false or misleading in any particular;

(2) It is distributed under the name of another fertilizer product;

(2) It is distributed under the name of another fertilizer product;

(3) It is not labeled as required in Code Section 2-12-6 and in accordance with regulations prescribed under this article; or

(3) It is not labeled as required in Code Section 2-12-6 and in accordance with regulations prescribed under this article; or

(4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms.

(4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms.
O.C.G.A. § 2-6-44 — GA Code / Title 2 / Chapter 6 / Section 2-6-44
Georgia Code Title 2. Agriculture § 2-6-44
Status: in_force

The property and property rights of every kind and nature acquired in the name of the State of Georgia by any district shall be exempt from state, county, and other taxation.
O.C.G.A. § 2-7-106 — GA Code / Title 2 / Chapter 7 / Section 2-7-106
Georgia Code Title 2. Agriculture § 2-7-106
Status: in_force

No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or in such a manner as to pollute any waterway in a way harmful to any wildlife therein. The Commissioner may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Commissioner shall take into consideration any regulations issued by the United States Environmental Protection Agency and any regulations issued by the Environmental Protection Division of the Department of Natural Resources of this state.
O.C.G.A. § 2-22-3 — GA Code / Title 2 / Chapter 22 / Section 2-22-3
Georgia Code Title 2. Agriculture § 2-22-3
Status: in_force

Any integrator or processor shall provide to any contract grower or contract producer upon request thereby any statistical information and data used to determine compensation paid to such contract grower or contract producer under a production contract, other than a trade secret as defined by Code Section 10-1-761 .
O.C.G.A. § 2-1-3 — GA Code / Title 2 / Chapter 1 / Section 2-1-3
Georgia Code Title 2. Agriculture § 2-1-3
Status: in_force

It shall be lawful to sell or offer for sale perishable farm products, growing plants, and perishable seed on Sunday.
O.C.G.A. § 2-7-132 — GA Code / Title 2 / Chapter 7 / Section 2-7-132
Georgia Code Title 2. Agriculture § 2-7-132
Status: in_force

Pursuant to Article IV (h) of the Pest Control Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture.
O.C.G.A. § 2-14-41 — GA Code / Title 2 / Chapter 14 / Section 2-14-41
Georgia Code Title 2. Agriculture § 2-14-41
Status: in_force

The Commissioner shall have full and plenary power to deal with the American and European foul brood, all other contagious and infectious honeybee diseases, Africanized bees, or any other threat to honeybees. He shall have full power and authority to make, promulgate, and enforce such rules, ordinances, and regulations and to do and perform such acts, through his agents or otherwise, as in his judgment may be necessary to curtail, eradicate, or prevent the introduction, spread, or dissemination of any and all contagious diseases, Africanized bees, or any other threat to honeybees. All such rules, ordinances, and regulations shall have the force and effect of law.
O.C.G.A. § 2-8-17 — GA Code / Title 2 / Chapter 8 / Section 2-8-17
Georgia Code Title 2. Agriculture § 2-8-17
Status: in_force

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 appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the affected entity without complying with the requirement applicable to funds collected for the use and benefit of the state.
O.C.G.A. § 2-8-58 — GA Code / Title 2 / Chapter 8 / Section 2-8-58
Georgia Code Title 2. Agriculture § 2-8-58
Status: in_force

Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Peanuts shall be signed by either the chairman or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
O.C.G.A. § 2-21-7 — GA Code / Title 2 / Chapter 21 / Section 2-21-7
Georgia Code Title 2. Agriculture § 2-21-7
Status: in_force

Any person, producer, broker, distributor, or processor of an organic food or feed product which is adversely affected by any action of an approved certifying entity shall have the right to appeal to the Commissioner. Such appeal and any further proceedings shall be subject to Chapter 13 of Title 50, known as the “Georgia Administrative Procedure Act.”
O.C.G.A. § 2-14-64 — GA Code / Title 2 / Chapter 14 / Section 2-14-64
Georgia Code Title 2. Agriculture § 2-14-64
Status: in_force

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.
O.C.G.A. § 2-8-75 — GA Code / Title 2 / Chapter 8 / Section 2-8-75
Georgia Code Title 2. Agriculture § 2-8-75
Status: in_force

(a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.

(a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.

(b) Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he has received peanuts regulated by a marketing order issued and in effect under this article and the quantity of such peanuts received shall be guilty of a misdemeanor.

(b) Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he has received peanuts regulated by a marketing order issued and in effect under this article and the quantity of such peanuts received shall be guilty of a misdemeanor.
O.C.G.A. § 2-3-11 — GA Code / Title 2 / Chapter 3 / Section 2-3-11
Georgia Code Title 2. Agriculture § 2-3-11
Status: in_force

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
O.C.G.A. § 2-9-16 — GA Code / Title 2 / Chapter 9 / Section 2-9-16
Georgia Code Title 2. Agriculture § 2-9-16
Status: in_force

Any dealer in agricultural products who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor.
O.C.G.A. § 2-11-52 — GA Code / Title 2 / Chapter 11 / Section 2-11-52
Georgia Code Title 2. Agriculture § 2-11-52
Status: in_force

In order to execute the policy stated in Code Section 2-11-50 , the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. The dean shall designate a certifying agency, provided that such designee must be in good standing with the Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. The certifying agency so designated by the dean shall, along with its employees, be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, “The Georgia Tort Claims Act.”
O.C.G.A. § 2-11-20 — GA Code / Title 2 / Chapter 11 / Section 2-11-20
Georgia Code Title 2. Agriculture § 2-11-20
Status: in_force

This article may be cited as the “Georgia Seed Law.”
O.C.G.A. § 2-2-5 — GA Code / Title 2 / Chapter 2 / Section 2-2-5
Georgia Code Title 2. Agriculture § 2-2-5
Status: in_force

The Commissioner shall give a bond of $50,000.00 as a guaranty of the faithful performance of the duties of his office and for the proper accounting for all moneys, fees, etc., received by his office. The bond shall be furnished by a surety company authorized to do business in Georgia by the laws of this state. The premium on the bond shall be paid by the state.
O.C.G.A. § 2-8-29 — GA Code / Title 2 / Chapter 8 / Section 2-8-29
Georgia Code Title 2. Agriculture § 2-8-29
Status: in_force

(a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: (1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:

(1) To maintain books and records reflecting their operations under the marketing order;

(1) To maintain books and records reflecting their operations under the marketing order;

(2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and

(2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and

(3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.

(b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.

(c) In order to carry out the purposes of this Code section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.

(c) In order to carry out the purposes of this Code section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
O.C.G.A. § 2-8-12 — GA Code / Title 2 / Chapter 8 / Section 2-8-12
Georgia Code Title 2. Agriculture § 2-8-12
Status: in_force

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.
O.C.G.A. § 2-9-11 — GA Code / Title 2 / Chapter 9 / Section 2-9-11
Georgia Code Title 2. Agriculture § 2-9-11
Status: in_force

Whenever produce is shipped to or received by a licensed dealer for handling, purchase, or sale in this state at any market point and the dealer finds the produce to be in a spoiled, damaged, unmarketable, or unsatisfactory condition, unless both parties waive inspection before sale or other disposition thereof, the dealer shall cause the produce to be examined by an inspector assigned by the Commissioner for that purpose. The inspector shall execute and deliver a certificate to the applicant stating the day, the time, and the place of the inspection and the condition of the produce and shall mail or deliver a copy of such certificate to the shipper.
O.C.G.A. § 2-4-10 — GA Code / Title 2 / Chapter 4 / Section 2-4-10
Georgia Code Title 2. Agriculture § 2-4-10
Status: in_force

Nothing contained in this chapter shall be construed in any manner as authorizing the creation of a debt of the State of Georgia or a pledge of the credit of this state.
O.C.G.A. § 2-23-12 — GA Code / Title 2 / Chapter 23 / Section 2-23-12
Georgia Code Title 2. Agriculture § 2-23-12
Status: in_force

The department, in consultation with the Georgia Bureau of Investigation, shall promulgate rules and regulations as necessary to implement the provisions of this chapter. Such rules and regulations shall include the plan provided for in Code Section 2-23-11 upon the approval of such plan by the secretary of agriculture of the United States.
O.C.G.A. § 2-12-72 — GA Code / Title 2 / Chapter 12 / Section 2-12-72
Georgia Code Title 2. Agriculture § 2-12-72
Status: in_force

This article shall be administered by the Commissioner of Agriculture.
O.C.G.A. § 2-8-37 — GA Code / Title 2 / Chapter 8 / Section 2-8-37
Georgia Code Title 2. Agriculture § 2-8-37
Status: in_force

The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
O.C.G.A. § 2-8-134 — GA Code / Title 2 / Chapter 8 / Section 2-8-134
Georgia Code Title 2. Agriculture § 2-8-134
Status: in_force

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 persons of a like class.
O.C.G.A. § 2-8a-3 — GA Code / Title 2 / Chapter 8A / Section 2-8a-3
Georgia Code Title 2. Agriculture § 2-8A-3
Status: in_force

As used in this chapter, the term:

(1) “ Emerging crop ” means a plant or animal crop for which consumers have a demand.

(1) “ Emerging crop ” means a plant or animal crop for which consumers have a demand.

(2) “ Farmer ” means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1 , and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements.

(2) “ Farmer ” means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1 , and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements.

(3) “ Fund ” means the Emerging Crops Fund established in Code Section 2-8A-5 .

(3) “ Fund ” means the Emerging Crops Fund established in Code Section 2-8A-5 .

(4) “ Georgia Development Authority ” or “ authority ” means the Georgia Development Authority provided for in Chapter 10 of Title 50.

(4) “ Georgia Development Authority ” or “ authority ” means the Georgia Development Authority provided for in Chapter 10 of Title 50.

(5) “ Interest loan ” means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the costs of production of an emerging crop.

(5) “ Interest loan ” means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the costs of production of an emerging crop.

(6) “ Lender ” means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration.

(6) “ Lender ” means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration.
O.C.G.A. § 2-7-54 — GA Code / Title 2 / Chapter 7 / Section 2-7-54
Georgia Code Title 2. Agriculture § 2-7-54
Status: in_force

This article shall be administered by the Commissioner of Agriculture of this state.
O.C.G.A. § 2-8a-1 — GA Code / Title 2 / Chapter 8A / Section 2-8a-1
Georgia Code Title 2. Agriculture § 2-8A-1
Status: in_force

This chapter shall be known and may be cited as the “Emerging Crops Fund Act.”
O.C.G.A. § 2-5-8 — GA Code / Title 2 / Chapter 5 / Section 2-5-8
Georgia Code Title 2. Agriculture § 2-5-8
Status: in_force

The Commissioner shall make and publish in print or electronically such rules and regulations, not inconsistent with law, as he deems necessary to carry out the purposes of this chapter.
O.C.G.A. § 2-13-18 — GA Code / Title 2 / Chapter 13 / Section 2-13-18
Georgia Code Title 2. Agriculture § 2-13-18
Status: in_force

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 remedies at law. Such injunction shall be issued without bond.
O.C.G.A. § 2-8a-2 — GA Code / Title 2 / Chapter 8A / Section 2-8a-2
Georgia Code Title 2. Agriculture § 2-8A-2
Status: in_force

The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which are produced commercially and to make available to consumers emerging crops grown in Georgia.
O.C.G.A. § 2-6-47 — GA Code / Title 2 / Chapter 6 / Section 2-6-47
Georgia Code Title 2. Agriculture § 2-6-47
Status: in_force

The commission shall publish the result of the referendum. It shall consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition; provided, however, that the commission shall not have the authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum were cast in favor of the continuance of such district. If the commission determines that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making its determination, the commission shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in such referendum who voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of land of the district, the probable expense of carrying on erosion control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Code Section 2-6-21 .
O.C.G.A. § 2-2-1 — GA Code / Title 2 / Chapter 2 / Section 2-2-1
Georgia Code Title 2. Agriculture § 2-2-1
Status: in_force

There is established a Department of Agriculture for this state.
O.C.G.A. § 2-19-4 — GA Code / Title 2 / Chapter 19 / Section 2-19-4
Georgia Code Title 2. Agriculture § 2-19-4
Status: in_force

(a) A claim may be filed by an eligible cotton producer, as defined in Code Section 2-19-2 . In any case in which the person entitled to make a claim is mentally incompetent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.

(a) A claim may be filed by an eligible cotton producer, as defined in Code Section 2-19-2 . In any case in which the person entitled to make a claim is mentally incompetent or is deceased, the claim may be filed on his or her behalf by his or her guardian, executor, or such other individual as is authorized to administer his or her estate.

(b) A claim must be filed by the claimant not later than July 1, 1999; provided, however, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the office of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.

(b) A claim must be filed by the claimant not later than July 1, 1999; provided, however, that, upon good cause shown, the Commissioner may extend the time for filing for a period not exceeding two months after such date. Claims shall be filed in the office of the Commissioner in person or by mail. The department shall provide forms for use in filing claims.

(c) The claim shall be verified and shall contain the following: (1) The name, address, and telephone number of the claimant; (2) A description of the amount, nature, and circumstances of the loss; (3) A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy; (4) An authorization permitting the Commissioner to verify the contents of the application; and (5) Such other information as the Commissioner may require.

(c) The claim shall be verified and shall contain the following:

(1) The name, address, and telephone number of the claimant;

(1) The name, address, and telephone number of the claimant;

(2) A description of the amount, nature, and circumstances of the loss;

(2) A description of the amount, nature, and circumstances of the loss;

(3) A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;

(3) A statement of the extent to which the cotton producer has been or may reasonably be expected to be indemnified or reimbursed for these losses from any other source, including the proceeds of any distribution by a trustee in bankruptcy;

(4) An authorization permitting the Commissioner to verify the contents of the application; and

(4) An authorization permitting the Commissioner to verify the contents of the application; and

(5) Such other information as the Commissioner may require.

(5) Such other information as the Commissioner may require.
O.C.G.A. § 2-10-105 — GA Code / Title 2 / Chapter 10 / Section 2-10-105
Georgia Code Title 2. Agriculture § 2-10-105
Status: in_force

Each association organized under this article shall pay an annual license fee of $10.00 but shall be exempt from all franchise or license taxes.
O.C.G.A. § 2-7-202 — GA Code / Title 2 / Chapter 7 / Section 2-7-202
Georgia Code Title 2. Agriculture § 2-7-202
Status: in_force

No person shall commingle feral hogs with domestic swine or hold feral hogs on any premises where domestic swine are located.
O.C.G.A. § 2-8a-6 — GA Code / Title 2 / Chapter 8A / Section 2-8a-6
Georgia Code Title 2. Agriculture § 2-8A-6
Status: in_force

Any lender which has made or makes a loan to a farmer to finance the costs of production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, that the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be as established from time to time by the Georgia Development Authority. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter.
O.C.G.A. § 2-8-132 — GA Code / Title 2 / Chapter 8 / Section 2-8-132
Georgia Code Title 2. Agriculture § 2-8-132
Status: in_force

If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-131 and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others:

(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalf of any equines or disparages the quality, value, sale, or use of any other agricultural commodity;

(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalf of any equines or disparages the quality, value, sale, or use of any other agricultural commodity;

(2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission;

(2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission;

(3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.

(3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues.
O.C.G.A. § 2-8-69 — GA Code / Title 2 / Chapter 8 / Section 2-8-69
Georgia Code Title 2. Agriculture § 2-8-69
Status: in_force

(a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: (1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:

(1) To maintain books and records reflecting their operations under the marketing order;

(1) To maintain books and records reflecting their operations under the marketing order;

(2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and

(2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and

(3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order.

(b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.

(b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.

(c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.

(c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
O.C.G.A. § 2-10-110 — GA Code / Title 2 / Chapter 10 / Section 2-10-110
Georgia Code Title 2. Agriculture § 2-10-110
Status: in_force

Any corporation or association organized under any statute of this or any other state, by majority vote of its stockholders or members, may be brought under this article by limiting its membership to the classes mentioned in this article, by adopting the other restrictions provided in this article, and by filing articles of incorporation with the Secretary of State, if it has not done so already, and otherwise complying with the general corporation laws for the incorporation of private companies as set forth in Title 14. Such corporations shall be entitled to all the privileges and immunities and shall be subject to all the restrictions contained in this article.
O.C.G.A. § 2-12-107 — GA Code / Title 2 / Chapter 12 / Section 2-12-107
Georgia Code Title 2. Agriculture § 2-12-107
Status: in_force

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 article or of any rules and regulations promulgated under this article. No registration shall be revoked, denied, canceled, or refused until the registrant or person has been notified by certified mail or statutory overnight delivery, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or the Commissioner's authorized representative.
O.C.G.A. § 2-9-45 — GA Code / Title 2 / Chapter 9 / Section 2-9-45
Georgia Code Title 2. Agriculture § 2-9-45
Status: in_force

Any dealer in grain who violates any of the provisions of this article or who interferes with an agent of the Commissioner in the enforcement of this article shall be guilty of a misdemeanor.
O.C.G.A. § 2-7-9 — GA Code / Title 2 / Chapter 7 / Section 2-7-9
Georgia Code Title 2. Agriculture § 2-7-9
Status: in_force

The Commissioner may carry on investigations of methods of control, eradication, and prevention of dissemination of plant pests and for that purpose may employ the necessary experts and may rent, lease, or purchase the necessary land, when required for this purpose.
O.C.G.A. § 2-10-100 — GA Code / Title 2 / Chapter 10 / Section 2-10-100
Georgia Code Title 2. Agriculture § 2-10-100
Status: in_force

(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and may make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation, association, or associations formed in this or in any other state for the cooperative and more economical carrying on of its business or any part or parts thereof.

(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and may make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation, association, or associations formed in this or in any other state for the cooperative and more economical carrying on of its business or any part or parts thereof.

(b) Any two or more associations may by agreement unite in employing and using or may separately employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses.

(b) Any two or more associations may by agreement unite in employing and using or may separately employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses.
O.C.G.A. § 2-10-92 — GA Code / Title 2 / Chapter 10 / Section 2-10-92
Georgia Code Title 2. Agriculture § 2-10-92
Status: in_force

(a) In its bylaws each association shall provide for one or more regular meetings annually.

(a) In its bylaws each association shall provide for one or more regular meetings annually.

(b) The board of directors shall have the right to call a special meeting at any time.

(b) The board of directors shall have the right to call a special meeting at any time.

(c) Ten percent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting shall thereupon be called by the directors.

(c) Ten percent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting shall thereupon be called by the directors.

(d) Notice of all meetings, together with a statement of the purpose thereof, shall be mailed to each member at least ten days prior to the meeting, provided that the bylaws may require instead that such notice shall be given by publication in a newspaper of general circulation published at the principal place of business of the association.

(d) Notice of all meetings, together with a statement of the purpose thereof, shall be mailed to each member at least ten days prior to the meeting, provided that the bylaws may require instead that such notice shall be given by publication in a newspaper of general circulation published at the principal place of business of the association.
O.C.G.A. § 2-8-20 — GA Code / Title 2 / Chapter 8 / Section 2-8-20
Georgia Code Title 2. Agriculture § 2-8-20
Status: in_force

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 state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
O.C.G.A. § 2-16-4 — GA Code / Title 2 / Chapter 16 / Section 2-16-4
Georgia Code Title 2. Agriculture § 2-16-4
Status: in_force

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within two years after the cause of action accrues.
O.C.G.A. § 2-2-2 — GA Code / Title 2 / Chapter 2 / Section 2-2-2
Georgia Code Title 2. Agriculture § 2-2-2
Status: in_force

The department shall be under the control and management of the Commissioner of Agriculture, who shall be a practical farmer, elected by qualified voters at the same time, in the same manner, and under the same rules and regulations as the Governor and statehouse officers are elected. The office of the Commissioner shall be at the capital of the state.
O.C.G.A. § 2-6-22 — GA Code / Title 2 / Chapter 6 / Section 2-6-22
Georgia Code Title 2. Agriculture § 2-6-22
Status: in_force

As used in this article, the term:

(1) “Commission” or “State Soil and Water Conservation Commission” means the agency created in Code Section 2-6-23 .

(1) “Commission” or “State Soil and Water Conservation Commission” means the agency created in Code Section 2-6-23 .

(2) “District” or “soil and water conservation district” means an agency of this state organized in accordance with this article for the purposes, with the powers, and subject to the restrictions set forth in this article.

(2) “District” or “soil and water conservation district” means an agency of this state organized in accordance with this article for the purposes, with the powers, and subject to the restrictions set forth in this article.

(3) “Due notice” means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, notice given by posting at a reasonable number of conspicuous places within the appropriate area, including, where possible, public places where it is customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

(3) “Due notice” means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, notice given by posting at a reasonable number of conspicuous places within the appropriate area, including, where possible, public places where it is customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

(4) “Land occupier” or “occupier of land” means any person, firm, or corporation, other than the owner, who is in possession of any lands lying within a soil and water conservation district, whether as lessee, renter, tenant, or otherwise.

(4) “Land occupier” or “occupier of land” means any person, firm, or corporation, other than the owner, who is in possession of any lands lying within a soil and water conservation district, whether as lessee, renter, tenant, or otherwise.

(5) “Landowner” or “owner of land” means any person, firm, or corporation who holds legal or equitable title to any lands lying within a soil and water conservation district.

(5) “Landowner” or “owner of land” means any person, firm, or corporation who holds legal or equitable title to any lands lying within a soil and water conservation district.

(6) “Qualified elector” means any person qualified to vote in elections by the people under the Constitution of this state.

(6) “Qualified elector” means any person qualified to vote in elections by the people under the Constitution of this state.

(7) “Supervisor” means one of the members of the governing body of a soil and water conservation district, elected or appointed in accordance with this article.

(7) “Supervisor” means one of the members of the governing body of a soil and water conservation district, elected or appointed in accordance with this article.