reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 2 - LIMING MATERIALS (§§ 2-12-40 — 2-12-51) › Section 2-12-50 - Notice and prosecution of violations; hearings; penalty

(a)
If it appears to the Commissioner or the Commissioner's agents that this article or the rules and regulations issued under this article have been violated, the Commissioner shall cause notice of the violation to be given to the licensee, distributor, or person responsible; and the persons notified shall be given an opportunity to be heard in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If it appears after such hearing that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution as a misdemeanor or other appropriate action.
(b)
Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted pursuant to this article shall be guilty of a misdemeanor.
(c)
Nothing in this article shall be construed as requiring the Commissioner to report a violation of this article for prosecution or for the institution of seizure proceedings when the Commissioner believes that the public interest will best be served by other methods.
(d)
Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section
17-10-4
. Each such violation shall constitute a separate offense.
(e)
Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be liable for a civil penalty of not more than $50,000.00 per violation.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2020 Ga. Laws 505,§ 6, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-70 - Short title

This article shall be known as the "Georgia Soil Amendment Act of 1976."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-71 - Definitions

As used in this article, the term:
(1)
"Adulterated" means any soil amendment:
(A)
Which contains any deleterious or harmful agent in sufficient quantity to be injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label;
(B)
Whose composition differs substantially from that offered in support of registration or shown on the label;
(C)
Which contains noxious weed seed; or
(D)
Which contains domestic septage as such term is defined in
40 C.F.R. 503.9
.
(1.1)
"Apply" means to put, place, lay, spread, or deposit a soil amendment on the land, whether topically, with or without subsequent incorporation into the soil, by subsurface injection, or otherwise.
(2)
"Bulk" means in nonpackaged form.
(3)
"Distribute" means to import, consign, offer for sale, sell, barter, or otherwise supply soil amendments to any person in this state.
(4)
"Distributor" means any person who imports, consigns, sells, offers for sale, barters, or otherwise supplies soil amendments in this state.
(5)
"Label" means the display of written, printed, or graphic matter upon the immediate container of the soil amendment.
(6)
"Labeling" means all written, printed, or graphic matter accompanying any soil amendment and all advertisements, brochures, posters, and television, radio, and oral claims used in promoting its sale.
(7)
"Percent" or "percentage" means the parts per 100 by weight.
(8)
"Person" means an individual, partnership, association, corporation, or other organized body.
(9)
"Product name" means the designation under which a soil amendment is offered for distribution.
(10)
"Registrant" means any person who registers a soil amendment under this article.
(11)
"Soil amendment" means any substance intended for changing the characteristics of soil or other growth medium for the purposes of:
(A)
Increasing penetrability of water or air;
(B)
Increasing water-holding capacity;
(C)
Alleviating or decreasing soil compaction; or
(D)
Otherwise altering the soil or other medium in such manner that the physical properties are materially enhanced.
The term "soil amendment" does not include any substance for which nutritional claims are made, such as, but not limited to, commercial fertilizers, liming materials, or unmanipulated vegetable or animal manures.
Amended by 2024 Ga. Laws 567,§ 1, eff. 7/1/2024.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2020 Ga. Laws 505,§ 7, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-72 - Commissioner to administer article

This article shall be administered by the Commissioner of Agriculture.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-73 - Registration required; proof of claims or value; fee

(a)
Every soil amendment distributed in this state shall be registered with the Commissioner on forms obtained from the Commissioner's office. The applicant for registration shall provide such information as the Commissioner may require by regulation after opportunity for public hearing.
(b)
In determining the acceptability of any product for registration, the Commissioner may require proof of claims made for the soil amendment. If no specific claims are made, the Commissioner may require proof of the usefulness and value of the soil amendment. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed from tests conducted under conditions identical to or closely related to those conditions present in this state. The Commissioner may reject any data not developed under such conditions and may rely on the advice of the University of Georgia College of Agricultural and Environmental Sciences experiment station personnel or other university personnel in evaluating data for registration.
(c)
The registration fee shall be $55.00 per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
Amended by 2010 Ga. Laws 360,§ 1-11, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-74 - Refusal or revocation of registration

The Commissioner shall refuse to register any soil amendment which fails to comply with this article. He may revoke any registration, after opportunity for hearing, upon satisfactory evidence that the registrant or any of his designated agents has used fraudulent or deceptive practices in the distribution of any soil amendment.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-75 - Inspection fees; semiannual reporting

(a)
Any person who distributes a soil amendment to another person in this state must pay the Commissioner an inspection fee; provided, however, that sales or exchanges between registrants and sales of containers of ten pounds or less shall be exempt from such fee. The Commissioner shall establish the per ton inspection fee at an amount not to exceed 30¢ per ton, which amount shall equal or exceed annual costs anticipated to be incurred by the department in administering the soil amendment inspection program.
(b)
Each registrant must keep accurate records of the registrant's sales and must file semiannual reports covering the periods of January 1 through June 30 and July 1 through December 31. Each semiannual report must be accompanied by full payment of the inspection fee set forth in subsection (a) of this Code section. Each semiannual report must be submitted to the department within 30 days following the end of the applicable filing period. If the tonnage report is not timely filed or is false in any respect, then the Commissioner may revoke the registration or assess a penalty in the amount of the greater of 10 percent of the amount due or $10.00.
Amended by 2021 Ga. Laws 307,§ 2, eff. 5/10/2021.
Amended by 2020 Ga. Laws 505,§ 8, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-76 - Labeling requirements

Every soil amendment container shall be labeled on the face or display side in a readable and conspicuous form showing:
(1)
The product name;
(2)
A statement of claim or purpose, if any are made;
(3)
Adequate directions for use;
(4)
The net weight or volume; and
(5)
The name and address of the registrant.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-77 - When soil amendment deemed misbranded

A soil amendment shall be considered misbranded if:
(1)
Its label or labeling is false or misleading in any particular;
(2)
It is distributed under the name of another soil amendment; or
(3)
It is represented as a soil amendment or is represented to contain a soil amendment unless such soil amendment conforms to the definition, if any, prescribed by the Commissioner by regulation.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-78 - Inspection, sampling, and analysis

The Commissioner or his designated agents are authorized to enter upon any public or private property during regular working hours for the purpose of inspecting or sampling any soil amendment to determine if such amendment is being distributed in compliance with this article. In the examination of such samples, the Commissioner may rely on such tests as he may establish by regulation as necessary for the enforcement of this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-79 - Prohibited acts

It shall be a violation of this article for any person to:
(1)
Distribute an unregistered soil amendment;
(2)
Distribute an unlabeled soil amendment;
(3)
Distribute a misbranded soil amendment;
(4)
Distribute an adulterated soil amendment;
(5)
Fail to comply with a stop sale, use, or removal order;
(6)
Fail to submit semiannual reports; or
(7)
(A)
Apply or distribute a soil amendment on a site, or on a separate site that has close geographic proximity to and is operationally connected with the underlying site, when:
(i)
The owner of such site or the person who has applied or distributed a soil amendment on such site is subject to a consent order, enforcement action, or ongoing investigation by the department or the Environmental Protection Division of the Department of Natural Resources, including, but not limited to, actions regarding the contamination of surface water, ground water, or soil contamination, and such consent order, enforcement action or ongoing investigation has not been withdrawn or resolved to the satisfaction of the issuing agency with respect to such site;
(ii)
A notice of violation has been issued by the Environmental Protection Division of the Department of Natural Resources or the department; and
(iii)
The department has notified the owner of such site and the person who has applied or distributed a soil amendment on such site that application of soil amendments on such site must cease.
(B)
For purposes of this paragraph only, the term 'site' means the site identified in the nutrient management plan submitted to the department or a portion thereof.
Amended by 2024 Ga. Laws 567,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-80 - Promulgation and adoption of rules and regulations; sharing of information

The Commissioner is authorized to:
(1)
Promulgate and adopt:
(A)
Such rules and regulations as may be necessary to enforce this article. Such regulations may relate to, but shall not be limited to, methods of inspection and examination, designation of ingredients, and identity of products;
(B)
Rules and regulations relative to soil amendments derived from industrial by-products which may include, but not be limited to, application rates, proper conditions for application, application record keeping and retention, use of site-specific nutrient management plans, and storage and containment in or on lands where soil amendments are applied, but shall exclude forest products, soil amendments derived from industrial by-products generated solely from forest products, excluding chemical by-products of pulp digestion, slates, clays, shells, gypsum, and lime; provided, however, that pursuant to Code Section
2-1-6
, no local government shall be prohibited or impaired from adopting or enforcing any zoning ordinance, including the adoption of buffers and setbacks; provided, further, that no such buffer or setback shall exceed 100 feet in width; and
(C)
Rules and regulations that require every owner and operator of a farm on which soil amendments are being applied to procure a site-specific nutrient management plan and make a copy of such plan available for inspection at the request of the department; and
(2)
Share such information and consult with other agencies such as, but not limited to, the Environmental Protection Division of the Department of Natural Resources and the United States Department of Agriculture's Natural Resources Conservation Service.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2021 Ga. Laws 220,§ 1, eff. 7/1/2021.
Amended by 2020 Ga. Laws 505,§ 9, eff. 1/1/2021.
Amended by 2019 Ga. Laws 35,§ 6, eff. 4/18/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-81 - Stop sale, use, and removal orders

The Commissioner may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment, ordering him to hold at a designated place any such lot of soil amendment which the Commissioner determines does not comply with this article. When such soil amendment has been made to comply with this article, it shall be released in writing by the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-82 - Injunctions

The Commissioner may bring an action to enjoin the violation or threatened violation of this article or the regulations adopted under this article in the superior court of the appropriate county.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 3 - SOIL AMENDMENTS (§§ 2-12-70 — 2-12-83) › Section 2-12-83 - Penalties

(a)
Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted under this article shall be guilty of a misdemeanor.
(b)
Any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section
17-10-4
. Each such violation shall constitute a separate offense.
(c)
Any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be liable for a civil penalty of not more than $50,000.00 per violation.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2020 Ga. Laws 505,§ 10, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-100 - Short title

This article shall be known and may be cited as the "Georgia Horticultural Growing Media Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-101 - Purpose

Horticultural growing media are one of the foundations of successful horticultural businesses. As such, it is vital that growers are adequately informed of the basic contents of such media. The purpose of this article is to ensure that horticultural growing media are accurately labeled to reflect their known composition and are suitable for their intended purpose.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-102 - Definitions

As used in this article, the term:
(1)
"Bulk" means not in a package or in packages of one cubic yard or more.
(2)
"Commissioner" means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act on behalf of the Commissioner.
(3)
"Custom medium" means a horticultural growing medium which is prepared to exact specifications of the person who will be planting in the medium and delivered directly to that person without intermediate or further distribution.
(4)
"Department" means the Georgia Department of Agriculture.
(5)
"Distribute" means to offer for sale, sell, barter, exchange, or otherwise supply or make available.
(6)
"Horticultural growing medium" means any substance or mixture of substances which is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops.
(7)
"Label" means the display of all written, printed, or graphic matter on or attached to the immediate container accompanying the lot of horticultural growing medium.
(8)
"Labeling" means, in addition to the label, any written, printed, or graphic matter accompanying any horticultural growing medium or any advertisements, brochures, posters, television or radio announcements, or any other oral or written material used in promoting a horticultural growing medium.
(9)
"Person" means individuals, partnerships, corporations, other organized bodies or entities, or any combination thereof.
(10)
"Registrant" means the person whose name appears on the label of a horticultural growing medium and who is responsible for labeling such medium.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-103 - Administration and enforcement

The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-104 - Authority of Commissioner

The Commissioner is authorized to:
(1)
Cooperate with and, as the Commissioner may deem necessary, enter into written agreements with any other agency of this state, another state, or the federal government or any other organization or entity that may be of assistance;
(2)
Inspect or cause to be inspected by duly authorized employees any lands, facilities, equipment, materials, substances, or products used for preparation, distribution, or labeling of horticultural growing media. For this purpose, the Commissioner shall have the power to enter into or upon any place during regular business hours upon notice and to open and sample any bulk material, bundle, package, or other container containing or thought to contain any horticultural growing medium, or to inspect labels or labeling;
(3)
Require every person registering any horticultural growing medium in this state to furnish on forms supplied by the Commissioner such information as the Commissioner may require to ascertain the accuracy and truthfulness of any label, labeling, or composition of any horticultural growing medium;
(4)
Place a stop sale order on any horticultural growing medium if the composition thereof is inaccurately or untruthfully labeled;
(5)
Adopt, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as the Commissioner deems necessary to ensure the accuracy or truthfulness of labels or labeling or content of horticultural growing media, including but not limited to:
(A)
Requiring that all registrants of horticultural growing media register each product name with the Commissioner and supply the Commissioner with a complete label and labeling for each product name;
(B)
Requiring that all registrants of horticultural growing media supply analyses of horticultural growing media they have distributed, upon request of the Commissioner;
(C)
Specifying the contents of the label and the manner of expressing the contents required on each package or accompanying each shipment of horticultural growing media;
(D)
Requiring an annual registration fee for each product registered of not more than $100.00 per product nor more than $1,500.00 per registrant;
(E)
Establishing a stop sale procedure for horticultural growing media which do not meet the requirements of this article or the rules and regulations of the Commissioner;
(F)
Determining the suitability of any horticultural growing medium for its intended purpose; and
(G)
Requiring data and proof of usefulness from registrants of horticultural growing media in order to determine suitability for its intended purpose.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-105 - Assessment and collection of cost of registration

For the purpose of defraying expenses of registration under this article, the Commissioner may assess and collect the cost thereof with any surplus to be paid into the state treasury.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-106 - Exemptions

(a)
Distribution of horticultural growing media planted with live plant material is exempt from the labeling and registration requirements imposed pursuant to this article.
(b)
Distribution of custom media is exempt from the registration requirements imposed pursuant to this article provided it is prepared for a single purchaser and is not held for distribution to other purchasers.
(c)
Distribution of horticultural growing media containing plant nutrients shall be exempt from the requirements of Article 1 of this chapter, the "Georgia Plant Food Act of 1989."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-107 - Revocation, denial, cancellation, and refusal of registration

The Commissioner is authorized to revoke and cancel registrations of any person or to refuse to register horticultural growing media upon satisfactory evidence that the registrant or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No registration shall be revoked, denied, canceled, or refused until the registrant or person has been notified by certified mail or statutory overnight delivery, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or the Commissioner's authorized representative.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-108 - Injunctions against violations

The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-109 - Prohibited acts

It shall be unlawful for any person to:
(1)
Distribute an unregistered horticultural growing medium, except one exempted from the registration requirements of this article;
(2)
Distribute a horticultural growing medium if the label or labeling thereof does not accurately reflect its composition;
(3)
Distribute a horticultural growing medium which is unsuitable for its intended purpose or which contains substances at a level harmful to plant growth;
(4)
Fail to supply the Commissioner with analyses of a horticultural growing medium when requested by the Commissioner or a person authorized by the Commissioner or this article to make such requests;
(5)
Fail to cease distribution of any horticultural growing medium for which the Commissioner has issued a stop sale order; or
(6)
Obstruct the Commissioner in the performance of the Commissioner's duties under this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 12 - FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS (§§ 2-12-1 — 2-12-110) › Article 4 - HORTICULTURAL GROWING MEDIA (§§ 2-12-100 — 2-12-110) › Section 2-12-110 - Penalty

Any person violating any provision of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-3 - Cooperation with other agencies and associations

The Commissioner may cooperate and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-4 - Publication of information as to sales, production, use, and analyses

The Commissioner may publish, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable and a report of the results of the analyses of official samples of commercial feeds sold within this state as compared with the analyses guaranteed in the registration and on the label. The information concerning production and use of commercial feed shall not disclose the operations of any person.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-5 - Disclosure of protected information

Any person who uses to his own advantage or reveals to anyone other than the Commissioner, officers of the department, or the courts, when relevant in any judicial proceeding, any information acquired under the authority of this chapter concerning any method, records, formulations, or processes which as trade secrets are entitled to protection, shall be guilty of a misdemeanor, provided that this prohibition shall not be deemed to prohibit the Commissioner or his duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States government or the governments of other states, when such officials are similarly prohibited by law from revealing this information.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-7 - Compliance with Chapter 5 of this title

Every nonresident licensee, at the time of licensing and before distributing commercial feed in this state, shall comply with Chapter 5 of this title, the "Department of Agriculture Registration, License, and Permit Act."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-8 - Labeling requirements

(a)
A commercial feed, other than a customer-formula feed, shall be accompanied by a label bearing the following information:
(1)
The net weight, which may be stated in metric units in addition to the required avoirdupois units;
(2)
The product name and the brand name, if any, under which the commercial feed is distributed;
(3)
The guaranteed analysis stated in such terms as the Commissioner, by regulation, determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods, such as the methods published by the Association of Official Analytical Chemists;
(4)
The common or usual name of each ingredient used in the manufacture of the commercial feed, listed in descending order of predominance by weight; provided, however, that for any commercial feed other than equine feed, the Commissioner, by regulation, may permit the use of a collective term for a group of ingredients which performs a similar function or exempt such commercial feeds or any group thereof from this requirement of an ingredient statement if the Commissioner finds that such statement is not required in the interest of consumers;
(5)
The name and the principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
(6)
Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the Commissioner may require by regulation as necessary for their safe and effective use; and
(7)
Such precautionary statements as the Commissioner, by regulation, determines are necessary for the safe and effective use of the commercial feed.
(b)
A customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:
(1)
The name and address of the manufacturer;
(2)
The name and address of the purchaser;
(3)
The date of delivery;
(4)
The product name and brand name, if any, and the net weight of each commercial feed used in the mixture;
(5)
The net weight of every other ingredient used;
(6)
Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Commissioner may require, by regulation, as necessary for their safe and effective use;
(7)
Such precautionary statements as the Commissioner, by regulation, determines are necessary for the safe and effective use of the customer-formula feed; and
(8)
If a drug-containing product is used:
(A)
The purpose of the medication (claim statement); and
(B)
The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with regulations.
Amended by 2007 Ga. Laws 53,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-9 - When commercial feed deemed misbranded

A commercial feed shall be deemed to be misbranded:
(1)
If its labeling is false or misleading in any particular;
(2)
If it is distributed under the name of another commercial feed;
(3)
If it is not labeled as required in Code Section
2-13-8
;
(4)
If it purports to be or is represented as a commercial feed or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the Commissioner; or
(5)
If any word, statement, or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-11 - Prohibited acts

The following acts and the causing thereof within this state are prohibited:
(1)
The manufacture or distribution of any commercial feed that is adulterated or misbranded;
(2)
The adulteration or misbranding of any commercial feed;
(3)
The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of Code Section
2-13-10
;
(4)
The removal or disposal of a commercial feed in violation of an order under Code Section
2-13-14
;
(5)
The failure or refusal to obtain a commercial feed license or small package registration in accordance with Code Section
2-13-6
;
(6)
The violation of Code Section
2-13-5
; and
(7)
The waiving by the Commissioner of any penalties imposed under this chapter.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-12 - Establishment of standards for feeds; adoption of rules and regulations

(a)
The Commissioner is authorized to establish standards for commercial feeds.
(b)
The Commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the Commissioner, by regulation, shall adopt, unless he determines that they are inconsistent with this chapter or are not appropriate to conditions which exist in this state, the following:
(1)
The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials, Incorporated, and published in the 1992 official publication of that organization and supplements thereto; and
(2)
Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act and supplements thereto.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-14 - Issuance and enforcement of withdrawal from distribution orders; condemnation and confiscation authorized; disposition of condemned feed

(a)
Withdrawal from distribution orders.
When the Commissioner or his authorized agent has reasonable cause to believe that any lot of commercial feed is being distributed in violation of this chapter or any of the prescribed regulations under this chapter, he may issue and enforce a written or printed withdrawal from distribution order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the Commissioner or the court. The Commissioner shall release the lot of commercial feed so withdrawn when such provisions and regulations have been complied with. If compliance is not obtained within 30 days, the Commissioner may begin, or upon request of the distributor or licensee shall begin, proceedings for condemnation.
(b)
Condemnation and confiscation.
Any lot of commercial feed not in compliance with such provisions and regulations shall be subject to seizure on complaint of the Commissioner to the superior court of the county in which the commercial feed is located. If the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of this state, provided that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-15 - through 2-13-17 - [Reserved]

Repealed by Ga. L. 1992, p. 3018, §§ 11-13, effective May 4, 1992.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-18 - Injunctions

The Commissioner is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. Such injunction shall be issued without bond.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-19 - Initiation of prosecutions

(a)
It shall be the duty of the Attorney General or each district attorney of a superior court to whom any violation is reported by the Commissioner or his representative to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the Commissioner reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the Commissioner.
(b)
Nothing in this chapter shall be construed as requiring the Commissioner or his representative to report for prosecution, to institute seizure proceedings, or to issue a withdrawal from distribution order as a result of minor violations of the chapter or when he believes the public interest will best be served by suitable notice or warning in writing.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-20 - Certificate of state chemist or other state employee as prima-facie evidence

In any controversy or prosecution arising under this chapter, a certificate of the state chemist or other state employee making an analysis or inspection, duly sworn to by the state chemist or the employee, shall be prima-facie evidence of the facts therein certified.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-21 - Applicability of "Georgia Administrative Procedure Act."

The provisions of this chapter pertaining to rule making, the issuance, revocation, or denial of licenses and registrations, and other administrative actions authorized under this chapter shall be subject to and conducted 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 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-22 - Exemptions from chapter; when chapter may be waived

(a)
This chapter shall not apply to any commercial feeds that have been manufactured or produced by any person, partnership, firm, or corporation for the purpose of feeding his, their, or its own domestic animals, livestock, or poultry.
(b)
This chapter shall not apply to any commercial feeds whenever the purchaser of such commercial feeds desires to waive this chapter in regard to a particular manufacturer, seller, or producer of commercial feeds and the manufacturer, seller, or producer agrees to waive this chapter. No valid waiver may be executed unless the owner of the domestic animals, livestock, or poultry owns an interest in the feed manufacturing concern or the manufacturing concern owns an interest in the domestic animals, livestock, or poultry. The waiver shall be in writing, signed by both parties, and filed with the department. At any time after the waiver is on file, either party to the waiver may direct, in writing, that the department withdraw the waiver.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 13 - COMMERCIAL FEEDS (§§ 2-13-1 — 2-13-23) › Section 2-13-23 - Criminal penalty

Any person who violates any of the provisions of this chapter or who impedes, hinders, or otherwise prevents or attempts to prevent the Commissioner or his duly authorized agent in the performance of his duty in connection with this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 2 - COTTON (§ 2-14-20) › Section 2-14-20 - Sale of cottonseed hulls without having weight stamped on package

Any person, firm, or corporation who sells cottonseed hulls in bales or packages without having the weight thereof plainly stamped or branded on each bale or package shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-40 - License required for sale of bees; fee; revocation of license

(a)
All persons, firms, or corporations desiring to carry on as a business the sale of bees, queens, nuclei, etc., shall apply to the Commissioner of Agriculture as ex officio state entomologist for a license to do so. The application shall be accompanied by a fee of $25.00. All fees so collected shall be turned over to the Office of the State Treasurer.
(b)
The Commissioner, upon investigation of the party so applying and at his discretion, shall issue a license to the same. Such license shall be revoked by the Commissioner if the licensee fails to comply with this article or to carry out the rules and regulations established by the Commissioner.
(c)
Any person, firm, or corporation attempting to carry on as a business the sale of bees, queens, nuclei, etc., without the license required by subsection (a) of this Code section or after such license has been revoked shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Code Section
2-14-47
.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-41 - Powers of Commissioner generally; promulgation and enforcement of rules, ordinances, and regulations

The Commissioner shall have full and plenary power to deal with the American and European foul brood, all other contagious and infectious honeybee diseases, Africanized bees, or any other threat to honeybees. He shall have full power and authority to make, promulgate, and enforce such rules, ordinances, and regulations and to do and perform such acts, through his agents or otherwise, as in his judgment may be necessary to curtail, eradicate, or prevent the introduction, spread, or dissemination of any and all contagious diseases, Africanized bees, or any other threat to honeybees. All such rules, ordinances, and regulations shall have the force and effect of law.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-41.1 - Prohibition against restriction of honeybee production or maintenance

No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the establishment or maintenance of honeybees in hives. This Code section shall not be construed to restrict the zoning authority of county or municipal governments.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-42 - Inspections authorized generally

The Commissioner and his agents and employees shall have the authority to enter any depot, express office, storeroom, warehouse, or other premises for the purpose of inspecting any honeybees or beekeeping fixtures or appliances therein in order to ascertain whether such bees or fixtures are infected with any contagious or infectious diseases, have become Africanized, or pose any other threat to honeybees. They may also make such inspections when they have reason to believe that any honeybees or beekeeping fixtures or appliances on the premises have been or are being transported in violation of this article.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 14 - SALE OF AGRICULTURAL AND FOREST PRODUCTS (§§ 2-14-1 — 2-14-153) › Article 3 - HONEYBEES (§§ 2-14-40 — 2-14-47) › Section 2-14-43 - Inspection of honeybee colonies; assistance in inspection

The Commissioner may require the registration and inspection of honeybee colonies as needed. Such inspections shall be made for the primary purpose of combating the spread of bee diseases, Africanized bees, or any other threat to honeybees in this state. All persons subject to this article shall be provided a reasonable opportunity to assist the inspectors in the inspection of such colonies.
Amended by 2003 Ga. Laws 348, § 1, eff. 7/1/2003.