reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-27 - Report of violations; investigation and disposition

Any person, including a common carrier, who receives plants, plant products, or other things or substances sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which this article and the rules and regulations made pursuant thereto have not been complied with, shall immediately inform the Commissioner or any employee or agent of the Commissioner and shall isolate and hold the plants, plant products, or other things or substances in question unopened or unused, subject to such inspection and such disposition as may be provided by the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-28 - Act of agent imputed to principal

In construing and enforcing this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation, or other principal within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such association, partnership, corporation, or other principal, as well as that of the individual.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-29 - Enforcement of article generally; criminal proceedings; subpoena powers

The Commissioner may enforce this article and the rules and regulations made pursuant hereto by injunction in the proper court as well as by criminal proceedings. It shall be the duty of the prosecuting attorneys of all courts to represent the Commissioner when called upon to do so. In the discharge of his duties and in the enforcement of the powers delegated in this article, the Commissioner may issue subpoenas for the production of evidence, require production of books and papers, administer oaths, and subpoena and hear witnesses. To this end, it is made the duty of the various sheriffs throughout this state to serve all subpoenas and other papers upon the request of the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-30 - Injunctions; violations declared public nuisances

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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-31 - Penalty

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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-50 - Short title

This article shall be known as the "Georgia Pesticide Control Act of 1976."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-51 - Purpose of article; legislative findings

The purpose of this article is to regulate, in the public interest, the labeling, distribution, storage, transportation, use, and disposal of pesticides. The General Assembly finds that pesticides are valuable to this state's agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests but that it is essential to the public health and welfare that they be regulated to prevent adverse effects on human life and on the environment. New pesticides which are valuable to the control of pests and for use as defoliants, desiccants, and plant regulators are continually being discovered or synthesized. The dissemination of accurate scientific information as to the proper use of any pesticide is vital to the public health and welfare and to the environment, both immediately and in the future. Therefore, it is deemed necessary to provide for regulation of such pesticides.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-54 - Commissioner to administer article

This article shall be administered by the Commissioner of Agriculture of this state.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-56 - Issuance of experimental use permits; terms; revocation or modification

(a)
Provided the state is authorized by the administrator of the Environmental Protection Agency to issue experimental use permits, the Commissioner may:
(1)
Issue an experimental use permit to any person applying for an experimental use permit, if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under subsection (i) of Code Section
2-7-55
. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed;
(2)
Refuse to issue an experimental use permit, if he determines that issuance of such permit is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment;
(3)
Prescribe terms, conditions, and a period of time for the experimental use permit, which permit shall be under the supervision of the Commissioner; and
(4)
Revoke or modify any experimental use permit at any time if he finds that its terms or conditions are being violated or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(b)
Any person who has obtained an Environmental Protection Agency experimental use permit for a product to be used in this state shall, before shipping the product into this state, also secure an experimental use permit from the Commissioner. No fee shall be required for any experimental use permit issued under this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-57 - Licensing of restricted use pesticide dealers required; application; fees; responsibility of dealer

(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
.
(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.
(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.
Amended by 2010 Ga. Laws 360,§ 1-4, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-58 - Denial, suspension, or revocation of license, registration, or permit

The Commissioner is authorized to deny, suspend, or revoke any license, registration, or permit provided for in this article, subject to a hearing and in conformance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," in any case in which he finds that there has been a failure or refusal to comply with this article or regulations adopted hereunder.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-60 - Subpoena powers

The Commissioner may issue subpoenas to compel the attendance of witnesses or the production of books, documents, and records or any combination thereof in this state, in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-61 - Records to be kept; access by Commissioner; confidentiality

(a)
Any person issued a license, permit, or registration under this article may be required by the Commissioner to keep accurate records containing the following information:
(1)
The delivery, movement, or holding of any pesticide or device, including the quantity thereof;
(2)
The date of shipment and receipt;
(3)
The name of consignor and consignee; and
(4)
Any other information necessary for the enforcement of this article, as prescribed by the Commissioner.
(b)
The Commissioner shall have access to the records required in subsection (a) of this Code section at any reasonable time, in order to copy or make copies of such records, for the purpose of carrying out this article. Unless required for the enforcement of this article, the information derived from such records shall be confidential and, if summarized, shall not identify an individual person.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-64 - Delegation of duties

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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-65 - Cooperation with federal and state agencies; grants-in-aid

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;
(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;
(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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-66 - [Repealed and Reserved] Disposition of funds

Repealed by 2010 Ga. Laws 360,§ 1-4.1, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-67 - Publication of information

The Commissioner may publish, in such form as he deems proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides, provided that individual distribution information shall not be a public record.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-68 - Designation of trade secrets by applicant; protection from public disclosure; notification of proposed release; declaratory judgment

(a)
In submitting data required by this article, the applicant may:
(1)
Clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information; and
(2)
Submit such marked material separately from other material required to be submitted under this article.
(b)
Notwithstanding any other provision of this article, the Commissioner shall not make public any information which in his judgment contains or relates to trade secrets or any commercial or financial information obtained from a person and considered privileged or confidential, provided that when necessary to carry out this article, information relating to formulas of products acquired by authorization of this article may be revealed to any state or federal agency consulted or as required by law and may be revealed at a public hearing or in findings of fact issued by the Commissioner.
(c)
If the Commissioner proposes to release for inspection any information which the applicant or registrant has indicated that he believes is protected from disclosure under subsection (b) of this Code section, he shall notify the applicant or registrant, in writing, by certified mail or statutory overnight delivery. The Commissioner shall not thereafter make such data available for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether such information is subject to protection under subsection (b) of this Code section.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-69 - Sampling and inspections authorized; notice of contemplated proceedings; search warrants; duty of enforcement; injunctions; written warnings authorized for minor violations

(a)
Sampling and examination of pesticides or devices shall be made under the direction of the Commissioner for the purpose of determining whether they comply with the requirements of this article. The Commissioner is authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times, in order to have access to inspect and sample labeled pesticides or devices packaged for distribution. If it appears upon inspection or examination that a pesticide or device fails to comply with this article or regulations adopted hereunder and the Commissioner contemplates instituting criminal proceedings against any person, the Commissioner shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity, within a reasonable time, to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter, in the opinion of the Commissioner, it appears that this article or regulations adopted hereunder have been violated by such person, the Commissioner shall refer a copy of the results of the analysis or the examination of such pesticide or device to the prosecuting attorney for the county in which the violation occurred.
(b)
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. The court, upon such application, may issue the search warrant for the purposes requested.
(c)
The Commissioner is charged with the duty of enforcing the requirements of this article and the rules and regulations promulgated hereunder.
(d)
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.
(e)
Nothing in this article shall be construed as requiring the Commissioner to report minor violations of this article for prosecution or for the institution of condemnation proceedings, when he believes that the public interest will be served best by a suitable notice of warning in writing.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-70 - Stop sale, use, or removal order

When the Commissioner has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this article or of any of the prescribed regulations under this article, he may issue and serve a written stop sale, use, or removal order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order upon him, the Commissioner may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device shall not be sold, used, or removed until this article has been complied with and until the pesticide or device has been released in writing under conditions specified by the Commissioner or until the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-71 - Judicial actions after stop sale, use, or removal order generally; injunctions; condemnation; disposition of condemned pesticide or device; costs and expenses

(a)
After service of a stop sale, use, or removal order is made upon any person, either that person, the registrant, or the Commissioner may file an action in a court of competent jurisdiction in the appropriate county for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions, mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this article or regulations adopted hereunder.
(b)
If the pesticide or device is condemned, after entry of decree it shall be disposed of by destruction or sale as the court directs; and if such pesticide or device is sold, the proceeds, less costs, including legal costs, shall be retained pursuant to the provisions of Code Section
45-12-92.1
, provided that the pesticide or device shall not be sold contrary to this article or regulations adopted hereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance.
(c)
When a decree of condemnation is entered against a pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
Amended by 2010 Ga. Laws 360,§ 1-4.2, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-72 - Effect of article on certain other laws

No provision of this article shall authorize any person to violate any law or any rules or regulations adopted and promulgated thereunder, the administration and enforcement of which are assigned to the Department of Natural Resources or any division thereof 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 2 - CONTROL OF PESTICIDES (§§ 2-7-50 — 2-7-73) › Section 2-7-73 - Penalties

Any person who violates any provision of this article or of the regulations adopted hereunder shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-90 - Short title

This article shall be cited as the "Georgia Pesticide Use and Application Act of 1976."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-91 - Purpose of article; legislative findings

The purpose of this article is to regulate, in the public interest, the use and application of pesticides to control pests, as defined in this article. Pesticides perform a valuable role by:
(1)
Controlling insects, fungi, nematodes, rodents, and other pests which ravage and destroy our supply of food and fiber, which serve as vectors of disease, and which otherwise constitute a nuisance in the environment or the home;
(2)
Controlling weeds which compete in the production of food and fiber and which otherwise are unwanted elements in our environment; and
(3)
Regulating plant growth to enhance both the quantity and quality of our supply of food and fiber and to facilitate its harvest.
New pesticides are continually being discovered, synthesized, or developed which are valuable for the control of pests and for use as defoliants, desiccants, plant regulators, and related purposes. However, such pesticides may be ineffective, may cause injury to man, or may cause unreasonable adverse effects on the environment if not properly used. Pesticides may injure man or animals, either by direct poisoning or by gradual accumulation of pesticide residues in the tissues. Crops or other plants may also be injured by the improper use of pesticides. The drifting or washing of pesticides into streams or lakes may cause appreciable damage to aquatic life. A pesticide applied for the purpose of killing pests in a crop which is not itself injured by the pesticide may drift and injure other crops or nontarget organisms with which it comes in contact. Therefore, it is deemed necessary to provide for regulation of the use and application of such pesticides.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-93 - Commissioner to administer article; appointment of Pesticide Advisory Board

This article shall be administered by the Commissioner of Agriculture of this state. In the administration of this article the Commissioner shall appoint a Pesticide Advisory Board for the purpose of advising him on all matters relating to pesticides and their use and application.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-94 - Delegation of duties

The functions vested in the Commissioner by this article may be delegated by him to such employees or agents of the department as the Commissioner may from time to time designate for such purposes.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-95 - Publication of information; instruction

The Commissioner may cooperate with educational institutions and other state or federal agencies in publishing information and conducting short courses of instruction in the areas of knowledge required by this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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:
(1)
Secure uniformity of regulations;
(2)
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;
(3)
Develop and administer state plans for training and for certification of certified applicators consistent with federal standards;
(4)
Contract for training with other agencies for the purpose of training certified applicators;
(5)
Prepare and submit state plans to meet federal certification standards, as provided for in Section 4 of FIFRA; and
(6)
Regulate certified applicators.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-98 - Classification of certifications and licenses; standards for certification of applicators

(a)
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.
(b)
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.
(c)
In determining standards, the Commissioner shall consider:
(1)
The characteristics of the pesticide formulation, such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;
(2)
The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;
(3)
The relative hazards or patterns of use, such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and
(4)
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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-101 - Renewals of licenses, permits, or certifications; penalty for late renewals

(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.
(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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-103 - Evidence of financial responsibility required; amount of bond, insurance, or cash deposit; notice of reduction or cancellation

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-107 - Inspections; search warrants; injunctions

(a)
For the purpose of carrying out this article, the Commissioner may enter upon any public or private premises, at reasonable times, in order to:
(1)
Have access for the purpose of inspecting any equipment subject to this article;
(2)
Inspect or sample lands actually or reported to be exposed to pesticides;
(3)
Inspect storage or disposal areas;
(4)
Inspect or investigate complaints of injury to humans or land;
(5)
Sample pesticides being applied or to be applied; or
(6)
Observe the use and application of any pesticide.
(b)
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.
(c)
The Commissioner is charged with the duty of enforcing the requirements of this article and the rules and regulations promulgated hereunder.
(d)
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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 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."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-110 - Reports of pesticide accidents; claim of damage; notification; inspection; effect of failure to file; failure to permit observation as bar to claim

(a)
The Commissioner by regulation may require the reporting of significant pesticide accidents or incidents.
(b)
Any person claiming damages from a pesticide application shall file with the Commissioner, on a form prescribed by the Commissioner, a written statement claiming that he has been damaged. This report shall be filed within 60 days after the date that damages occur. If a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25 percent of the crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of the pesticide, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred, and the date on which the alleged damage occurred. The Commissioner shall prepare a form to be furnished for use in such cases. Such form shall also contain such other requirements as the Commissioner may deem proper. Upon receipt of such statement, the Commissioner shall notify the licensee and the owner or lessee of the land or other person who may be charged with responsibility for the damages claimed and shall furnish such copies of the statement as may be requested. The Commissioner shall inspect damages whenever possible. When he determines that a complaint has sufficient merit, he shall make such information available to the person claiming damages and to the person who is alleged to have caused the damage.
(c)
The filing of a report as prescribed in subsection (b) of this Code section or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law; nor shall the failure to file a report be considered any bar to the maintenance of any criminal or civil action.
(d)
The failure to file a report as prescribed in subsection (b) of this Code section shall not be a violation of this article. However, if the person failing to file such report is the only one injured from the use or application of a pesticide by others, the Commissioner, when in the public interest, may refuse to hold a hearing for the denial, suspension, or revocation of a license or permit issued under this article until such report is filed.
(e)
Where damage is alleged to have occurred, the claimant shall permit the Commissioner and the licensee and his representatives, including the bondsman and the insurer, to observe, within reasonable hours, the lands or nontarget organism alleged to have been damaged, in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-111 - Applicability of article to governmental entities; liability of such entities

(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.
(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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 7 - PLANT DISEASE, PEST CONTROL, AND PESTICIDES (§§ 2-7-1 — 2-7-204) › Article 3 - USE AND APPLICATION OF PESTICIDES (§§ 2-7-90 — 2-7-114) › Section 2-7-112 - Exemptions from article

(a)
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:
(1)
He operates farm property and operates and maintains pesticide application equipment primarily for his own use;
(2)
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
(3)
He operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors.
(b)
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.
(c)
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.
(d)
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.