reglab/housing_qa huggingface dataset:
GA Code § 2-7-96 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-96. Cooperative Agreements; Grants-in-Aid

 The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or of another state, to obtain assistance in the implementation of this article, in order to:    Secure uniformity of regulations;   Cooperate in the enforcement of the federal pesticide control laws through the use of personnel and facilities of the state or the federal government or both and implement cooperative enforcement programs;   Develop and administer state plans for training and for certification of certified applicators consistent with federal standards;   Contract for training with other agencies for the purpose of training certified applicators;   Prepare and submit state plans to meet federal certification standards, as provided for in Section 4 of FIFRA; and   Regulate certified applicators.    (Ga. L. 1972, p. 849, § 23; Ga. L. 1976, p. 369, § 9.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1990, "Section" was substituted for "section" in paragraph (5).   U.S. Code.   - Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in paragraph (5) of this Code section, is codified at 7 U.S.C. § 136b.
GA Code § 2-7-98 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-98. Classification of Certifications and Licenses; Standards for Certification of Applicators

  The Commissioner may classify or subclassify certifications or licenses to be issued under this article, as may be necessary for the effective administration and enforcement of this article. Each classification shall be subject to separate requirements, provided that no person shall be required to pay an additional license fee if such person desires to be licensed in one or all of the license classifications provided for certified commercial pesticide applicators by the Commissioner under the authority of this Code section.   The Commissioner, in promulgating regulations under this article, shall prescribe standards for the certification of applicators of pesticides. Such standards may relate to the use and handling of pesticides or to the use and handling of the pesticide or class of pesticides covered by the individual's certification and shall be relative to the hazards involved.   In determining standards, the Commissioner shall consider:   The characteristics of the pesticide formulation, such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;   The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;   The relative hazards or patterns of use, such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and   The extent of the intended use.  Further, the Commissioner shall take into consideration the standards of the Environmental Protection Agency and is authorized to adopt such standards by regulation.       (Ga. L. 1972, p. 849, § 6; Ga. L. 1976, p. 369, § 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61C Am. Jur. 2d, Pollution Control, § 1719 et seq.   ALR.    - Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.
GA Code § 2-7-100 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-100. Reciprocal Examination Waiver

 The Commissioner may waive all or part of the examination requirements provided for in Code Sections 2-7-98, 2-7-99, and 2-7-111 on a reciprocal basis with any other state which has substantially the same standards.   (Ga. L. 1972, p. 849, § 14; Ga. L. 1976, p. 369, § 16.)
GA Code § 2-7-101 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-101. Renewals of Licenses, Permits, or Certifications; Penalty for Late Renewals

  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.   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.   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.    (Ga. L. 1972, p. 849, § 8; Ga. L. 1976, p. 369, § 10.)
GA Code § 2-7-103 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-103. Evidence of Financial Responsibility Required; Amount of Bond, Insurance, or Cash Deposit; Notice of Reduction or Cancellation

  Required. The Commissioner shall not issue a pesticide contractor's license until the applicant has furnished evidence of financial responsibility with the Commissioner, consisting either of a surety bond, a liability insurance policy, or a cash deposit or certification thereof, protecting persons who may suffer legal damages as a result of the operation of the applicant, provided that such surety bond, liability insurance policy, or cash deposit need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant.   Amount; notice of reduction or cancellation by surety or insurer. The amount of surety bond, liability insurance, or cash deposit provided for in this Code section shall be set by regulation. Such surety bond, liability insurance, or cash deposit shall be maintained at not less than the minimum set by regulation at all times during the license period. The Commissioner shall be notified ten days prior to any reduction made at the request of the applicant or any cancellation of such surety bond or liability insurance by the surety or insurer. The total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy or cash deposit. The Commissioner may accept a liability insurance policy, surety bond, or cash deposit in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial contractors and $500.00 for all other contractors, for the total amount of liability insurance, surety bond, or cash deposit required, provided that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner, unless such applicant furnishes the Commissioner with a surety bond, liability insurance, or cash deposit which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. In the event that any contractor has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misuse of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed.   Personal liability for damage. Nothing in this article shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the Commissioner.    (Ga. L. 1972, p. 849, § 10; Ga. L. 1974, p. 1189, §§ 1, 2; Ga. L. 1976, p. 369, § 12; Ga. L. 1980, p. 749, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61C Am. Jur. 2d, Pollution Control, § 1692 et seq.
GA Code § 2-7-104 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-104. Records to Be Kept; Inspection Thereof

 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.   (Ga. L. 1972, p. 849, § 12; Ga. L. 1976, p. 369, § 14.)
GA Code § 2-7-105 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-105. Equipment Inspection; Requirement of Repairs or Other Changes

 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.   (Ga. L. 1972, p. 849, § 13; Ga. L. 1976, p. 369, § 15.)
GA Code § 2-7-106 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-106. Transportation, Storage, and Disposal of Pesticides and Pesticide Containers

 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.   (Ga. L. 1972, p. 849, § 16; Ga. L. 1976, p. 369, § 18.)   Cross references.   - Powers of Environmental Protection Division of Department of Natural Resources regarding management of hazardous waste, § 12-8-60 et seq.
GA Code § 2-7-107 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-107. Inspections; Search Warrants; Injunctions

  For the purpose of carrying out this article, the Commissioner may enter upon any public or private premises, at reasonable times, in order to:   Have access for the purpose of inspecting any equipment subject to this article;   Inspect or sample lands actually or reported to be exposed to pesticides;   Inspect storage or disposal areas;   Inspect or investigate complaints of injury to humans or land;   Sample pesticides being applied or to be applied; or   Observe the use and application of any pesticide.     Should the Commissioner be denied access to any land, where such access was sought for the purposes set forth in this article, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for such purposes. Upon such application, the court may issue a search warrant for the purposes requested.   The Commissioner is charged with the duty of enforcing the requirements of this article and the rules and regulations promulgated hereunder.   In addition to any other remedy provided in this article, the Commissioner is authorized to bring an action to enjoin a violation of any provision of this article or any rule or regulation promulgated hereunder. In such an action it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.    (Ga. L. 1972, p. 849, § 21; Ga. L. 1976, p. 369, § 23; Ga. L. 1980, p. 749, §§ 4, 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agriculture, §§ 39 et seq., 53 et seq.
GA Code § 2-7-108 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-108. Subpoena Powers

 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.   (Ga. L. 1972, p. 849, § 20; Ga. L. 1976, p. 369, § 22.)
GA Code § 2-7-109 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-109. Judicial Review of Commissioner's Actions

 Any person aggrieved by any action of the Commissioner may obtain judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   (Ga. L. 1972, p. 849, § 17; Ga. L. 1976, p. 369, § 19.)
GA Code § 2-7-111 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-111. Applicability of Article to Governmental Entities; Liability of Such Entities

  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.   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.   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.    (Ga. L. 1976, p. 369, § 8.)   RESEARCH REFERENCES   ALR.   - Products liability: fertilizers, insecticides, pesticides, fungicides, weedkillers, and the like, or articles used in application thereof, 12 A.L.R.4th 462.
GA Code § 2-7-112 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-112. Exemptions From Article

  Farmers. Code Section 2-7-99, relating to licenses and requirements for their issuance, shall not apply to any farmer applying pesticides classified for general use for himself or for his farmer neighbors, provided that:   He operates farm property and operates and maintains pesticide application equipment primarily for his own use;   He is not regularly engaged in the business of applying pesticides for hire, amounting to a principal or regular occupation, and he does not publicly hold himself out as a pesticide contractor; and   He operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors.     Veterinarians. Paragraph (2) of subsection (b) of Code Section 2-7-99, relating to license and requirements for their issuance, shall not apply to a doctor of veterinary medicine applying pesticides to animals during the normal course of his veterinary practice, provided that he is not regularly engaged in the business of applying pesticides for hire, amounting to a principal or regular occupation, and does not publicly hold himself out as a pesticide contractor.   Experimental research. Code Section 2-7-99, relating to licenses and requirements for their issuance, shall not apply to research personnel applying pesticides, other than restricted use pesticides restricted to use by certified applicators or state restricted pesticide uses restricted to use by certified applicators, only to bona fide experimental plots.   Persons subject to Structural Pest Control Act. Persons subject to Chapter 45 of Title 43, the "Structural Pest Control Act," are exempt from this article and the regulations issued hereunder with respect to any activities which are regulated under Chapter 45 of Title 43.    (Ga. L. 1972, p. 849, § 15; Ga. L. 1976, p. 369, § 17.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2019, "Georgia" was deleted preceding "Structural Pest Control Act" in subsection (d).
GA Code § 2-7-113 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-113. Effect of Article on Certain Other Laws

 No provision of this article shall authorize any person to violate any of the provisions of any law or any rules or regulations adopted and promulgated thereunder, the administration and enforcement of which is assigned to the Department of Natural Resources or any division therein or to the Coastal Marshlands Protection Committee. This article shall not be construed as repealing, preempting, modifying, or limiting the authority or functions assigned to the Department of Natural Resources or its divisions or officials or to the Coastal Marshlands Protection Committee.   (Ga. L. 1976, p. 369, § 25.)
GA Code § 2-7-113.1 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-113.1. Local Regulation of Pesticides Prohibited; Variances From Rule or Regulation of Commissioner of Agriculture

  No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture.This provision shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.   The governing authority of any county or municipality may, by resolution, petition the Commissioner of Agriculture for a variance from a rule or regulation of the Commissioner because of special circumstances relating to the use or application of a pesticide. If such a petition is received by the Commissioner, it shall be the duty of the Commissioner to notify the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the Agriculture and Consumer Affairs Committee and Natural Resources and the Environment Committee of the Senate and the Agriculture and Consumer Affairs Committee and the Natural Resources and Environment Committee of the House of Representatives that such petition has been received. The Commissioner shall conduct a public hearing on such petition and issue a decision on the requested variance within 60 days of the receipt of the petition. If a decision is not given within 60 days of the receipt of the petition, the variance shall automatically be granted. The Commissioner may grant a variance requested under this subsection with or without changes.     (Code 1981, §2-7-113.1, enacted by Ga. L. 1992, p. 3162, § 1; Ga. L. 2009, p. 303, § 2/HB 117; Ga. L. 2011, p. 752, § 2/HB 142.)   Editor's notes.   - Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."
GA Code § 2-7-114 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 3 - Use and Application of Pesticides|§ 2-7-114. Penalties

 Any person violating any provision of this article or any regulation adopted hereunder shall be guilty of a misdemeanor.   (Ga. L. 1972, p. 849, § 19; Ga. L. 1976, p. 369, § 21.)
GA Code § 2-7-130 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 4 - Pest Control Compact|§ 2-7-130. Enactment; Text of Compact

 The Pest Control Compact is enacted into law and entered into with all other jurisdictions legally joining therein. The compact is substantially as follows:   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2019, "Governing Board" was substituted for "governing board" at the beginning of the third sentence of subsection (d) of Article IV.
GA Code § 2-7-131 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 4 - Pest Control Compact|§ 2-7-131. Cooperation With Insurance Fund

 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.    (Code 1981, §2-7-131, enacted by Ga. L. 1984, p. 1021, § 1.)
GA Code § 2-7-132 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 4 - Pest Control Compact|§ 2-7-132. Filing of Compact Bylaws and Amendments

 Pursuant to Article IV (h) of the Pest Control Compact, copies of bylaws and amendments thereto shall be filed with the Commissioner of Agriculture.    (Code 1981, §2-7-132, enacted by Ga. L. 1984, p. 1021, § 1.)
GA Code § 2-7-133 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 4 - Pest Control Compact|§ 2-7-133. Compact Administrator

 The compact administrator for the Pest Control Compact for this state shall be the Commissioner of Agriculture.    (Code 1981, §2-7-133, enacted by Ga. L. 1984, p. 1021, § 1.)
GA Code § 2-7-134 (2021)
2021 Georgia Code|Title 2 - Agriculture|Chapter 7 - Plant Disease, Pest Control, and Pesticides|Article 4 - Pest Control Compact|§ 2-7-134. Request or Application for Assistance From Insurance Fund

 Within the meaning of Article VI (b) or VIII (a) of the Pest Control Compact, a request or application for assistance from the insurance fund may be made by the Governor.    (Code 1981, §2-7-134, enacted by Ga. L. 1984, p. 1021, § 1.)