reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-30 - District supervisors - Election procedure for elected supervisors

(a)
Within 30 days after the date of issuance by the Secretary of State of a certificate of organization for a soil and water conservation district, nominating petitions may be filed with the commission to nominate candidates for supervisors of such district. The commission shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the commission unless it is subscribed by 25 or more qualified electors of the county in which the nominee resides. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for supervisor.
(b)
The commission shall be required to give due notice of an election only in the particular county in which an election is to be held. The ballot for each county shall contain only the names of the nominees from that county and the electors of each county shall be eligible to vote only for the nominees of their particular county. The names of all nominees within the county on behalf of whom nominating petitions have been filed within the time designated shall appear upon the ballots arranged in the alphabetical order of their surnames, with a square before each name and a direction to insert an "X" in the square appearing before the name of the person for whom the elector desires to vote. The nominee receiving the highest number of votes shall be declared the duly elected district supervisor from that county.
(c)
The commission shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-32 - District supervisors - Services of county agricultural agents; employees and agents; copies of rules, orders, and other documents; surety bonds; removal of supervisor; consultation

(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.
(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.
(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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-34 - Conditions to extending benefits or performing work

As a condition to the extending of any benefits under this article to or the performance of any work upon any lands not owned or controlled by this state or any of its agencies, the supervisors of a district may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require landowners and occupiers of land to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-35 - Land use regulations - Adoption authorized; public hearings

The supervisors of each district shall have authority to formulate regulations governing the use of lands within the district, in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The supervisors may conduct such public meetings and public hearings upon proposed regulations as may be necessary to assist them in this work.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-36 - Land use regulations - Referendum

(a)
The supervisors shall not have the authority to adopt land use regulations until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have considered the result of such referendum. No proposed regulations shall be submitted in a referendum until after they have been submitted to and approved in writing by the commission. Copies of such proposed regulations shall be available for the inspection of all eligible voters during the period between the publication of the notice and the date of the referendum. The notice of the referendum shall recite the contents of the proposed regulations or shall state where copies of such proposed regulations may be examined.
(b)
The question shall be submitted by ballots, upon which the words:
"[ ] YES Shall the proposed land use regulations for conser-
[ ] NO vation of soil and prevention of erosion be approved?"
shall appear, with directions that all persons desiring to vote for approval of the regulations shall vote "Yes" and all persons desiring to vote against the regulations shall vote "No."
(c)
The supervisors shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof.
(d)
All owners of lands within the district, and only such landowners, shall be eligible to vote in the referendum.
(e)
No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in this Code section and if the referendum was conducted fairly.
(f)
The supervisors shall not have the authority to adopt proposed regulations unless at least a majority of the votes cast in the referendum were cast for approval of the proposed regulations. However, the approval of the proposed regulations by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to adopt such proposed regulations.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-37 - Land use regulations - Provisions authorized; uniformity required; availability of copies

(a)
The regulations to be adopted by the supervisors under this article may include:
(1)
Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures, having due regard to the legislative findings set forth in Code Section
2-6-21
;
(2)
Provisions requiring the observance of particular methods of cultivation, including: contour cultivating; contour furrowing; lister furrowing; sowing; planting; strip cropping, changes in cropping systems, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees, and grasses; forestation; and reforestation; having due regard to the legislative findings set forth in Code Section
2-6-21
; and
(3)
Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on, having due regard to the legislative findings set forth in Code Section
2-6-21
.
(b)
The regulations shall be uniform throughout the territory within the district, provided that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.
(c)
Copies of land use regulations adopted under this article shall be printed and made available to all owners and occupiers of lands lying within the district.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-38 - Land use regulations - Binding effect

Land use regulations adopted pursuant to Code Sections
2-6-35
and
2-6-36
by the supervisors of any district shall be binding and obligatory upon all owners and occupiers of land within such districts.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-40 - Land use regulations - Amendment or repeal

(a)
Any owner of land within a district may at any time file a petition with the supervisors asking that any or all of the land use regulations adopted by the supervisors under Code Sections
2-6-35
and
2-6-36
be amended, supplemented, or repealed.
(b)
Such land use regulations shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in Code Section
2-6-36
for adoption of land use regulations.
(c)
Referenda on adoption, amendment, supplementation, or repeal of land use regulations shall not be held more often than once in six months.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-41 - Right of eminent domain for small watershed project; conditions precedent; procedure

(a)
When a small watershed project is instituted under the sponsorship of a duly constituted district alone or under cosponsorship with any political subdivision of this state and is approved by the state and federal governments for construction thereof, and when, as a condition precedent to the exercise of the rights conferred in this Code section, 90 percent or more of the separate property owners have gratuitously given in writing and delivered to such district the necessary easements and land rights, for the purpose of the small watershed project, and when the governing board of the district finds that it cannot acquire by voluntary contract the remaining necessary easements and land rights, the sponsoring district, upon such showing incorporated in a condemnation proceeding, is granted the right of eminent domain for the purpose of acquiring the remaining necessary easements and land rights to enable it to accomplish the completion of the small watershed project.
(b)
Upon compliance with the conditions precedent set forth in subsection (a) of this Code section, a district may proceed to condemn such land in accordance with the procedure set forth by Code Sections
22-2-130
through
22-2-142
and other pertinent eminent domain statutes to acquire the remaining easements and land rights necessary. In any such proceeding, the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding. The condemnor shall tender to the condemnee the full sum awarded in the condemnation proceedings or shall pay the same into court, in the event of the refusal of the condemnee to accept the same, before entering upon, occupying, or subjecting to its use, by flooding or otherwise, any part of the lands or rights in land sought to be condemned.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-42 - Cooperation between districts

The supervisors of any two or more districts may cooperate with one another in the exercise of any or all powers conferred in this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-43 - State agencies to cooperate with districts and observe land use regulations

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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-44 - Exemption from taxation

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.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-45 - Discontinuance of district - Petition of landowners; hearings

Following the expiration of five years from the organization of a district, any 25 owners of land lying within the boundaries of such district may file a petition with the commission seeking to have the operations of the district terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-46 - Discontinuance of district - Referendum

(a)
Within 60 days after a petition has been received by the commission, it shall hold a referendum on the issue. The commission shall give due notice of the holding of the referendum, shall supervise such referendum, and shall issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots, upon which the words:
"[ ] YES Shall the existence of the (name of
[ ] NO district) be terminated?"
shall appear, with directions that all persons desiring to vote for termination of the district shall vote "Yes" and all persons desiring to vote against termination of the district shall vote "No."
(b)
All owners of lands lying within the boundaries of the district, and only such landowners, shall be eligible to vote in the referendum.
(c)
No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in this Code section and if the referendum was conducted fairly.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-47 - Discontinuance of district - Publication of referendum results; determination of feasibility of continuance

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
.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-48 - Discontinuance of district - Certification from committee; termination of affairs; application for dissolution; certificate of dissolution

(a)
Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the supervisors shall proceed forthwith to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay the proceeds of such sale into the state treasury.
(b)
The supervisors shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the commission setting forth the determination of the commission that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and that the proceeds were paid as provided in this Code section and shall set forth a full accounting of such properties and of the proceeds of the sale.
(c)
The Secretary of State shall issue a certificate of dissolution to the supervisors and shall record such certificate in an appropriate book of record in his office.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-49 - Discontinuance of district - Effect of dissolution

(a)
Upon issuance of a certificate of dissolution under Code Section
2-6-48
, all land use regulations theretofore adopted by a district and in force therein shall be of no further force and effect.
(b)
All contracts entered into prior to the dissolution of a district, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The commission shall be substituted for the district or supervisors as party to such contracts. The commission shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same rights and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise as the supervisors of the district would have had.
(c)
Such dissolution shall not affect the lien of any judgment entered under Code Section
2-6-39
nor the pendency of any action instituted under such Code section. The commission shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-50 - Discontinuance of district - Frequency of discontinuance attempts

The commission shall not be required to entertain petitions for the discontinuance of any district, to conduct referenda upon such petitions, or to make determinations pursuant to such petitions more often than once in five years.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-51 - District not liable for loss, damage, injury, or death

Notwithstanding any other provision of law to the contrary, no district shall have any liability for loss, damage, injury, or death resulting from the location of structures or dwellings on state owned or controlled property in violation of properly recorded easements when all legal recourse to remove such structures or dwellings has been exhausted and property rights in favor of the person infringing upon the easement have been upheld on a final judgment with no appeal or review pending. The provisions of this section shall only apply to soil and water conservation districts and their easements.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 6 - SOIL AND WATER CONSERVATION (§§ 2-6-1 — 2-6-52) › Article 2 - SOIL AND WATER CONSERVATION DISTRICTS (§§ 2-6-20 — 2-6-52) › Section 2-6-52 - Creation of Agricultural Water Conservation Incentive Program; purpose; participation; funding

(a)
There is created the Agricultural Water Conservation Incentive Program. The program shall be developed, implemented, and supervised by the State Soil and Water Conservation Commission.
(b)
The purpose of the program shall be to provide incentives to agricultural producers to foster water conservation and enhance water quality.
(c)
Participation in the program shall be voluntary.
(d)
The program shall include all 159 counties and 40 soil and water conservation districts.
(e)
Priority designations for inclusion in the program shall be under the authority of the State Soil and Water Conservation Commission.
(f)
Areas shall be included in the program as the funds are appropriated and the technical assistance becomes available from the local soil and water conservation district or the State Soil and Water Conservation Commission.
(g)
Funding may be provided to assist practices including but not limited to diversions, filter strips, fencing along streams, field borders, alternative watering systems, critical area plantings, grassed waterways, terraces, surface-water retention structures, heavy-use areas, closures of farm animal manure lagoons, riparian buffers or equivalent controls, animal manure waste systems and application, manure stack houses and other manure-holding structures, irrigation system enhancements, and other projects that foster water conservation and enhance water quality.
(h)
Priority designation for inclusion in this program for state funding shall be given to projects that foster water conservation and enhance water quality. To be eligible for cost share funds under this Code section, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality.
Added by 2004 Ga. Laws 470, § 1, eff. 5/10/2004.
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 2-7-1 - Short title

This article shall be known as "The Entomology Act of 1937."
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 2-7-2 - Definitions

As used in this article, the term:
(1)
"Agent" means any person soliciting orders for or selling or distributing nursery stock under the partial or full control of a nurseryman or dealer.
(2)
"Dealer" means any person not a grower of nursery stock, who buys or otherwise acquires nursery stock for the purpose of reselling or distributing same independently of any control of the nurseryman.
(3)
Reserved.
(4)
"Nursery" means any grounds or premises on or in which nursery stock is grown, kept, or propagated for sale or distribution.
(5)
"Nurseryman" means any person engaged in the production of nursery stock for sale or distribution.
(6)
"Nursery stock" means all trees or plants or parts of trees or plants grown or kept for or capable of propagation, distribution, or sale.
(7)
"Persons" means individuals, associations, partnerships, and corporations, whether private, public, or municipal.
(8)
"Places" means vessels, aircraft, cars, trucks, automobiles, wagons and other vehicles, buildings, docks, depots, yards, nurseries, greenhouses, orchards, and other premises where material affected by this article is grown, produced, kept, stored, or handled.
(8.1)
"Plant pest" means any organism which is determined by the Commissioner to be injurious to the agricultural, horticultural, or other interests of the state, including, but not limited to, insects, bacteria, fungi, viruses, or weeds.
(9)
"Plants and plant products" means trees, shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds, and other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, timber, and all other plant products. The term "trees" includes shade trees and all other trees except forest trees, jurisdiction as to which is vested in the State Forestry Commission, provided that the term "trees" includes nursery stock of all trees, including forestry trees.
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 2-7-3 - Division of Entomology established

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.
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 2-7-4 - Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized

(a)
The Commissioner shall be ex officio state entomologist.
(b)
The Commissioner is authorized to designate a chief entomologist, who must be a graduate of a recognized college of agriculture and shall have had courses in entomology and plant pathology and experience in field and administrative work in pest control while in the employment of one or more of the several states of the United States or in the employment of that branch of the federal government which is in charge of pest control. The chief entomologist shall serve at the pleasure of and shall be compensated in an amount determined 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 2-7-5 - Duty of Commissioner generally

It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the state from plant pests.
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 2-7-6 - Publication of information and advice

The Commissioner may disseminate information and advice to the public on the prevention, control, or eradication of plant pests, by the publication and distribution of printed matter, by correspondence, and by other methods.
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 2-7-7 - Cooperative agreements

The Commissioner may enter into cooperative arrangements with any person, municipality, county, or other department of this state and with boards, officers, and authorities of other states and of the United States for inspection with reference to plant pests and for the control and eradication thereof. The Commissioner may contribute a just and proportionate share of the expenses incurred under such arrangements.
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 2-7-8 - Purchases and expenditures

The Commissioner may purchase all necessary materials, supplies, office and field equipment, and other things and may make such other expenditures as may be essential and necessary in carrying out this article, within the limits of the amount appropriated by 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 1 - GENERAL PROVISIONS (§§ 2-7-1 — 2-7-31) › Section 2-7-9 - Investigations authorized; employment of experts; rental, lease, or purchase of land

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.
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 2-7-10 - Inspection of plants and other things capable of disseminating or carrying plant pests

The Commissioner may inspect or cause to be inspected by duly authorized employees or agents any plants, plant products, or other articles, things, or substances that may in the Commissioner's opinion be capable of disseminating or carrying plant pests. For this purpose the Commissioner or the Commissioner's employees and agents shall have the power to enter into or upon any place and to open any bundle, package, or other container containing or thought to contain plants or plant products or other things capable of disseminating or carrying plant pests.
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 2-7-11 - Nursery inspections; rules governing nursery stock and plants in transit

(a)
The Commissioner may inspect or cause to be inspected all nurseries in this state at such intervals as the Commissioner may deem best. The Commissioner shall have a plenary power to make all rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as the Commissioner may deem necessary in the eradication, control, or prevention of the dissemination of plant pests.
(b)
The Commissioner may also make rules and regulations:
(1)
To govern the sale and distribution of nursery stock by dealers and agents;
(2)
Under which nursery stock may be brought into this state from other states and territories of the United States or any foreign country; and
(3)
With reference to plants and plant products and other things and substances while in transit through this state as may be deemed necessary to prevent the introduction into, dissemination within, and establishment in this state of injurious plant pests.
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 2-7-12 - Treatment, cutting, or destruction of infested trees, plants, or other things or substances

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.
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 2-7-13 - Interception and inspection of plants, plant products, or other things or substances in transit; disposition

The Commissioner may intercept and inspect, while in transit or after arrival at destination, all plants, plant products, or other things or substances likely to carry plant pests being moved in this state or brought into this state from another state or territory of the United States or from any foreign country. If, upon inspection, such plants, plant products, or other things or substances are found to be infested or infected with an injurious plant pest or are believed to be likely to communicate or transmit same or are being transported in violation of any of the rules and regulations of the Commissioner, then such plants, plant products, or other things or substances may be treated if necessary and released, returned to the sender, or destroyed, their disposition to be determined under rules and regulations prescribed 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 2-7-14 - Demand for information; penalty

(a)
The Commissioner may demand of any person who has plants or plant products or other things likely to carry plant pests in his or her possession to give full information as to the origin and source of the same.
(b)
It shall be a misdemeanor for a person to refuse to give the information demanded under subsection (a) of this Code section if he or she is able to do so.
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 2-7-15 - Declaration of public nuisance authorized

The Commissioner may declare a dangerous plant pest, as well as any plant or other thing which has been infested or infected therewith or exposed to infestation or infection and is therefore likely to communicate the same, to be a public nuisance.
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 2-7-16 - Notice of declaration of nuisance; prescription of treatment; right of appeal

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
.
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 2-7-17 - Treatment of nuisance by department where owner fails to act; lien for expenses; compensation not allowed

Whenever an owner or other person cannot be found or fails, neglects, or refuses to obey the requirements of the notice given under Code Section
2-7-16
and the rules and regulations made pursuant to this article, such requirements shall be carried out by the inspectors or other employees or agents of the department. The Commissioner shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred, in the same manner as liens are had and enforced upon buildings and lots, wharves, and piers, for labor and materials furnished by virtue of contract with the owner. No compensation shall be allowed for any trees or plants, plant products, or other things or substances that are destroyed.
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 2-7-18 - Judicial proceeding where owner refuses to act or to permit Commissioner to act; expenses and court costs

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.
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 2-7-19 - Investigation on citizens' complaint; notice to owner; treatment or destruction of affected plants or other things or substances; costs

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
.
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 2-7-20 - Declaration of quarantine; violation unlawful

(a)
The Commissioner may declare a quarantine against any area, place, nursery, grove, orchard, county, or counties within this state, other states, or territories of the United States or any portion thereof or any foreign country, in reference to dangerous plant pests and may prohibit the movement within this state or any part thereof or the introduction into this state from other states or territories of the United States or any foreign country of all plants, plant products, or other things or substances from such quarantined places or areas as are likely to carry dangerous plant pests, if such quarantine is determined by the Commissioner, after due investigation, to be necessary in order to protect the agricultural, horticultural, or other interests of this state. In such cases the quarantine may be made absolute or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of within or outside the state.
(b)
Whenever the Commissioner declares a quarantine against any place, nursery, grove, orchard, county, or counties of the state or against other states or territories of the United States or any foreign country, as to a dangerous plant pest, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this state or to move, sell, or otherwise dispose of within this state any plant, plant produce, or other things included in such quarantine, except under such rules and regulations as may be prescribed 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 2-7-21 - Registration of certain growers

The Commissioner may provide for the registration of all growers of plant or nursery stock intended for sale or distribution, when such plants or nursery stock has been declared by the Commissioner as being liable or likely to disseminate or capable of disseminating plant pests.
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 2-7-22 - Assessment of costs

For the purpose of defraying the expenses of the registration of nurserymen, dealers, agents, and plant growers and the certification and inspection of plants or plant products or other things, the Commissioner may assess and collect the cost thereof, any surplus to be paid into the state treasury.
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 2-7-23 - Promulgation of rules and regulations; publication thereof

(a)
The Commissioner may make such rules and regulations governing the conditions under which plants or other products may be produced as will permit such plants or other products to be certified as free or relatively free from plant pests.
(b)
Any rules and regulations made by the Commissioner relative to the certification of tomato, cabbage, onion, and all other cruciferous plants shall be published on or before December 15 of the year preceding that in which such plants are to be grown; provided, however, that in case of emergency supplemental rules and regulations may be promulgated and published; and provided, further, that certification of tomato, cabbage, onion, and other cruciferous plants shall not be compulsory on the grower.
(c)
All rules and regulations made by the Commissioner within the limits of the authority conferred by this article shall have the full force and effect of law. Printed copies of all acts, rules and regulations, quarantines, and notices of the department which are published under the authority of the Commissioner shall be admitted as sufficient evidence of such acts, rules and regulations, quarantines, or notices in all courts and on all occasions whatsoever, when the correctness of such copies is certified 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 2-7-24 - Administrative review of rules and notices

Any person affected by any rule or regulation made or notice given pursuant to this article may have a review thereof as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for the purpose of having such rule, regulation, or notice modified, suspended, or withdrawn.
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 2-7-25 - Required compliance with article and rules

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.
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 2-7-26 - Importation of injurious insect or plant disease without permit prohibited

The introduction into this state of any insect injurious to plants in any stage of development or of any specimen of any disease injurious to plants, except under a special permit issued by the Commissioner, is prohibited.