reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 2 - SALE AND TRANSPORTATION OF SEEDS (§§ 2-11-20 — 2-11-36) › Section 2-11-34 - Penalty for violations of article or rules and regulations; Commissioner authorized to utilize warning for minor violations

(a)
Any person or vendor violating any of the provisions of this article or rules and regulations promulgated under this article shall be guilty of a misdemeanor.
(b)
When the Commissioner or any of the Commissioner's authorized agents find that a person has violated any of the provisions of this article or rules and regulations promulgated under this article, the Commissioner may institute proceedings in the superior court of the county in which the violation occurred to have such person convicted therefor or may file with the prosecuting attorney, with the view of prosecution, such evidence as may be deemed necessary.
(c)
It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted against the accused.
(d)
Nothing in this article shall be construed as requiring the Commissioner or any of the Commissioner's authorized agents to report, for prosecution or for the institution of seizure proceedings, minor violations of this article when the Commissioner believes that the public interest will best be served by a suitable notice of warning in writing.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 2 - SALE AND TRANSPORTATION OF SEEDS (§§ 2-11-20 — 2-11-36) › Section 2-11-35 - Local regulation prohibited

(a)
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 regulating the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds.
(b)
This Code section shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.
Added by 2005 Ga. Laws 329,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 2 - SALE AND TRANSPORTATION OF SEEDS (§§ 2-11-20 — 2-11-36) › Section 2-11-36 - Seeds used in production of low THC oil

This article shall not apply to seeds used for the production of low THC oil in accordance with Article 9 of Chapter 12 of Title 16 and no person shall be subject to regulation or penalties pursuant to this article for growing, selling, offering for sale, exposing for sale, or transporting in this state any seed used for the lawful production of low THC oil pursuant to Article 9 of Chapter 12 of Title 16.
Added by 2019 Ga. Laws 27,§ 5, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 3 - CERTIFICATION OF SEEDS AND PLANTS (§§ 2-11-50 — 2-11-53) › Section 2-11-50 - Legislative intent

The General Assembly declares that for the purpose of fostering improved agricultural methods, promoting advances in agricultural fields, and giving legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of this state a method for protecting the public in the guarantee of the high quality of seeds and plants for various agricultural pursuits. It is the intent of the General Assembly to carry out that policy by this article, protecting the public from false claims and unwarranted statements as to genetic identity, varietal purity, and germinating viability of seeds and plants presented and claimed to be foundation, registered, or certified.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 3 - CERTIFICATION OF SEEDS AND PLANTS (§§ 2-11-50 — 2-11-53) › Section 2-11-51 - Definitions

For the purposes of this article, the term:
(1)
"Certified seed" means the progeny of foundation, registered, or in special cases certified seed which meets the standards of the official seed certifying agency.
(2)
"Foundation seed" means the progeny of breeder's seed or in special cases the progeny of foundation seed which meets the standards of the official seed certifying agency.
(3)
"Plant" means seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other parts used in the propagation of field crops, vegetables, fruits, flowers, trees, or other plants.
(4)
"Registered seed" means the progeny of foundation seed and meets the standards of the official seed certifying agency.
(5)
"Seed" means the true seeds of all field crops, vegetables, flowers, trees, or other plants.
(6)
"Variety" carries its original meaning and includes "strains" of varieties which are sufficiently different from the parent variety to justify special designation.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 3 - CERTIFICATION OF SEEDS AND PLANTS (§§ 2-11-50 — 2-11-53) › Section 2-11-52 - Designation of agency for certification of seeds and plants; liability for damages resulting from certification work; immunity

In order to execute the policy stated in Code Section
2-11-50
, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. The dean shall designate a certifying agency, provided that such designee must be in good standing with the Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. The certifying agency so designated by the dean shall, along with its employees, be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, "The Georgia Tort Claims Act."
Amended by 2012 Ga. Laws 747,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 3 - CERTIFICATION OF SEEDS AND PLANTS (§§ 2-11-50 — 2-11-53) › Section 2-11-53 - False use of evidence of certification in sale of seeds or plants

It shall be a misdemeanor for any person, firm, association, or corporation selling seeds or plants in this state to use any evidence of certification, including specially designed tags or any tags similar thereto or the word "certified," on any package of seeds or plants, unless such seeds or plants have been duly inspected and certified as provided for in this article or have been inspected and certified by a legally constituted agency of another state or foreign country. The duty of enforcing this Code section shall be vested in the Commissioner.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-70 - Purpose; creation of Seed Arbitration Council

(a)
The intent and purpose of this article are to provide a method for assisting farmers, persons purchasing seed and commercial fruit and nut trees, and persons selling seed and commercial fruit and nut trees in determining the validity of complaints of seed and commercial fruit and nut trees purchasers against seed and commercial fruit and nut tree sellers relating to the quality and performance of the seed and the identity of the variety of fruit and nut trees by establishing a committee to investigate, hold informal hearings, make findings, and render recommendations in the nature of arbitration proceedings where damages suffered by seed and commercial fruit and nut trees purchasers are caused by the alleged failure of the seed to perform as represented or to conform to the description on the labeling thereof as required by law or to be the variety of fruit or nut tree represented by the seller.
(b)
In order to effectuate the intent and purpose set out in subsection (a) of this Code section, there is created the "Seed Arbitration Council."
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-71 - Definitions

As used in this article, the term:
(1)
"Commissioner" means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state.
(2)
"Council" means the Seed Arbitration Council.
(3)
"Person" means an individual, firm, partnership, corporation, or company.
(4)
"Purchaser" means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter or any commercial fruit or nut tree.
(5)
"Seller" means any person who sells seed, including but not limited to the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation and any person who sells commercial fruit or nut trees.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-72 - Notice of requirements for filing complaint printed on seed container, label, or invoice; effect of failure to provide notice

(a)
At the time of purchase of agricultural, vegetable, flower, tree, or shrub seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings or at the time of purchase of any commercial fruit or nut tree, language setting forth the requirement for filing a complaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed or on a label attached to or on the invoice covering the commercial fruit or nut tree.
(b)
Such language shall be in addition to the labeling requirements specified in Code Section
2-11-22
and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner.
(c)
If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed or on a label or invoice covering the commercial fruit or nut tree, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section
2-11-73
.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-74 - Membership of Seed Arbitration Council; terms; chairperson and secretary; sessions; expenses

(a)
The Seed Arbitration Council shall be composed of five members. One member and one alternate shall be appointed upon the recommendation of each of the following individuals or executive committee:
(1)
The associate dean for the Cooperative Extension Service of the University of Georgia;
(2)
The associate dean for the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia;
(3)
The president of the Georgia Farm Bureau Federation;
(4)
The executive committee of the Georgia Seedsmen's Association; and
(5)
The Commissioner of Agriculture.
(b)
Each member and each alternate shall continue to serve until a replacement has been recommended by his or her appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate.
(c)
The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct.
(d)
The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner.
(e)
Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-75 - Hearings and investigations

(a)
Upon receipt of a seed buyer complaint or a commercial fruit or nut tree buyer complaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint.
(b)
Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed or commercial fruit or nut tree purchaser filing the complaint, such determination to be made by the chairperson.
(c)
The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings.
(d)
In conducting its investigation, the council, in addition to other activities deemed necessary, is authorized to:
(1)
Examine the purchaser on the use of the seed or commercial fruit or nut tree or trees about which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed or commercial fruit or nut tree or trees alleged to be faulty or of a different variety;
(2)
Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary;
(3)
Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may participate directly in the proceeding; and
(4)
Seek evaluations from authorities in allied disciplines when deemed necessary.
(e)
Any investigation made by fewer than all of the councilmembers shall be by authority of a written directive by the chairperson, and such investigation shall be summarized in writing and considered by the council in reporting its findings and recommendations.
(f)
The Attorney General shall provide legal services for the council.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-76 - Findings and recommendations

(a)
After completion of the informal hearing by the council, a report of findings and recommendations shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section
2-11-73
. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following:
(1)
That no action be taken;
(2)
That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice;
(2.1)
That money damages be paid to the purchaser of a commercial fruit or nut tree or trees as a result of the alleged failure of the tree or trees to be the variety represented to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees;
(3)
That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or
(4)
Such other recommendation found by the council to be fair and equitable to the parties.
(b)
In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperate in the arbitration proceedings.
2023 CODE OF GEORGIA › Title 2 - AGRICULTURE (§§ 2-1-1 — 2-23-12) › Chapter 11 - SEEDS AND PLANTS (§§ 2-11-1 — 2-11-77) › Article 4 - SEED ARBITRATION COUNCIL (§§ 2-11-70 — 2-11-77) › Section 2-11-77 - Rules and regulations

Pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-1 - Short title

This article shall be known and may be cited as the "Georgia Fertilizer Act of 1997."
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-3 - Commissioner to administer article

This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture or other designated agent.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-4 - Licensing requirements generally; fees; renewal; contents

(a)
No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $100.00 per year and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
(b)
An application for license shall be made on forms furnished by or otherwise acceptable to the Commissioner and shall include:
(1)
The name and address of the licensee;
(2)
The name and address of each production location in the state. The licensee shall inform the Commissioner in writing of any additional production locations established during the period of the license; and
(3)
Any other information as prescribed by regulation.
(c)
(1)
No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $60.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $60.00 shall be due each July 1.
(2)
If the registration renewal fee is not paid by July 1, the registration fee shall increase in the manner prescribed by regulation. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall be considered permanent so long as no changes or deviations are made in the labels of such products and the required registration fee is paid.
(3)
The application for registration shall include the following information:
(A)
The brand and grade;
(B)
The guaranteed analysis;
(C)
The sources of all plant nutrients;
(D)
The name and address of the licensee;
(E)
The net weight or weights; and
(F)
Any other information as prescribed by regulation.
Amended by 2010 Ga. Laws 360,§ 1-8, 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-5 - Nonresident licensees

Every nonresident licensee, at the time of licensing and before distributing his or her fertilizer product or products in this state, shall comply with Chapter 5 of this title, the "Department of Agriculture Registration, License, and Permit Act."
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-6 - Labeling of fertilizer

(a)
Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(1)
Net weight;
(2)
Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed;
(3)
Guaranteed analysis;
(4)
Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements:
(A)
Made for (name of licensee); or
(B)
Distributed by (name of licensee);
(5)
Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and
(6)
Any other information as prescribed by regulation.
(b)
In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.
(c)
Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-7 - Inspection of fertilizer; methods of sampling and analysis; distribution of results

(a)
It shall be the duty of the Commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state and inspect the storage of bulk fertilizer at any time and place and to such extent as he or she may deem necessary to determine whether such fertilizers are in compliance with the provisions of this article. The Commissioner is authorized to enter upon any public or private premises or carriers during business hours in order to have access to fertilizers subject to provisions of this article and the regulations pertaining thereto, and to the records relating to their distribution and storage.
(b)
The methods of sampling and analysis shall be those adopted by the Commissioner by regulation.
(c)
The Commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided by the terms "lot" and "official sample" as defined in paragraphs (17) and (19) of Code Section
2-12-2
.
(d)
The results of official analysis of fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-8 - Inspection fees; quarterly report; collection penalty; effect of failure to file report and pay assessment

(a)
There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 60¢ per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
(b)
(1)
Each licensee distributing fertilizer in this state shall file with the Commissioner a quarterly report of the total tons of fertilizer distributed by such licensee in the state to nonlicensees for the quarterly period ending on the last day of March, June, September, and December. This and such other information as the Commissioner may require by regulation shall be supplied on forms furnished by or acceptable to the Commissioner. A quarterly tonnage report is required even if no reportable tonnage has been sold, provided that licensees which only distribute specialty fertilizer in containers of ten pounds or less shall not be required to submit these quarterly reports.
(2)
The report shall be due on or before 30 days following the close of the filing period, and the inspection fee at the rate stated in subsection (a) of this Code section shall be included with the report. If the tonnage report is not filed and the payment of inspection fees is not made within 30 days after the end of the specified filing period, a penalty fee of 10 percent of the amount due or $10.00, whichever is greater, shall be assessed against the licensee and added to the amount due.
(3)
A report not filed for six months or a fee or an assessed penalty which remains unpaid for six months shall constitute cause for the revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee.
(c)
When more than one person is involved in the distribution of a fertilizer, the licensee who finally distributes a fertilizer to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees.
Amended by 2010 Ga. Laws 360,§ 1-9, 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-10 - Distribution of misbranded fertilizer prohibited; when misbranded

No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if:
(1)
Its labeling is false or misleading in any particular;
(2)
It is distributed under the name of another fertilizer product;
(3)
It is not labeled as required in Code Section
2-12-6
and in accordance with regulations prescribed under this article; or
(4)
It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-11 - Distribution of adulterated fertilizer prohibited; when adulterated

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
(1)
It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label;
(2)
Its composition falls below or differs from that which it is purported to possess by its labeling;
(3)
It contains unwanted crop seed or weed seed; or
(4)
It contains domestic septage as such term is defined in
40 C.F.R. 503.9
.
Amended by 2021 Ga. Laws 307,§ 2, eff. 5/10/2021.
Amended by 2020 Ga. Laws 505,§ 1, 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-12 - Determination of value of ingredients; prohibition of use or deletion from label

The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any fertilizer contributes to plant growth. If any such ingredient is found to be worthless, harmful, or deceptive, the Commissioner may prohibit its use or require that it be deleted from the label.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-13 - Short weight penalty; adjustment of invoice

(a)
If any fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such fertilizer shall within 30 days after official notice from the Commissioner submit to the consumer a penalty payment of four times the commercial value of the shortage in weight of the lot.
(b)
If any fertilizer offered for sale is found by the Commissioner to be short in weight, the fertilizer shall be returned for reprocessing at the expense of the licensee.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-14 - Exchange between licensees not restricted

Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of fertilizer to licensees.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-15 - Adoption, enforcement, and promulgation of rules and regulations generally; sharing of information

For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and adopt, according to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and enforce such reasonable rules and regulations relating to the distribution of fertilizers as the Commissioner finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of fertilizer. The Commissioner is further authorized to 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 2020 Ga. Laws 505,§ 2, eff. 1/1/2021.
Amended by 2019 Ga. Laws 35,§ 4, 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-16 - Revocation or denial of license; cancellation or refusal of registration

The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license upon satisfactory evidence that the licensee 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 license shall be revoked or denied or no registration shall be canceled or refused until the licensee 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 according to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-17 - Stop sale, stop use, or removal orders

The Commissioner may issue and enforce a written or printed stop sale, stop use, or removal order to the owner or custodian of any lot of fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said fertilizer is being offered or exposed for sale in violation of any of the provisions of this article until the law has been complied with and said fertilizer is released in writing by the Commissioner or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-18 - Seizure, condemnation, and disposition of nonconforming fertilizer

In addition to stop sale, stop use, or removal orders, any lot of fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction in the area in which such fertilizer is located. If the court finds such fertilizer to be in violation of this article and orders the condemnation of such fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of this state, provided that in no instance shall the disposition of such fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such fertilizer or for permission to process or relabel such fertilizer to bring it into compliance with this article.
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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-19 - Injunctions

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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-20 - Notice of violations; administrative hearing; penalty for violation; prosecution

(a)
If it shall appear from the examination of any fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If it appears after such hearing, either in the presence or absence of the person so notified, 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 proper prosecuting attorney.
(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 cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he or she believes that the public interest will be best served by a suitable notice of warning in writing or other methods.
(d)
It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(e)
Any person who distributes fertilizer 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 distributes fertilizer 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.
(f)
Any person who distributes a fertilizer 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 distributes a fertilizer 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 2021 Ga. Laws 307,§ 2, eff. 5/10/2021.
Amended by 2020 Ga. Laws 505,§ 3, 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 1 - FERTILIZERS (§§ 2-12-1 — 2-12-21) › Section 2-12-21 - Local regulation prohibited

(a)
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 regulating the registration, labeling, packaging, sale, storage, transportation, distribution, use, or application of fertilizer.
(b)
This Code section shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses or to make zoning decisions.
Added by 2005 Ga. Laws 331,§ 1, eff. 7/1/2005.
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 2-12-40 - Short title

This article shall be known and may be cited as the "Georgia Liming Materials Act of 1996."
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 2-12-42 - Administration of article

This article shall be administered by the Commissioner of Agriculture of the State of Georgia.
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 2-12-44 - Semiannual tonnage statements

Each licensee shall submit semiannually to the Commissioner, on forms furnished by or acceptable to the Commissioner, a statement as to the total tons of liming material sold by such licensee. This and such other information as the Commissioner may require by regulations shall be supplied for the reporting periods of July 1 through December 31 and January 1 through June 30. Reports shall be received by the Commissioner no later than 30 days after the close of the reporting period.
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 2-12-45 - Labeling requirements

(a)
Agricultural liming materials sold, offered, or exposed for sale in this state shall have affixed to each container in a conspicuous manner on the outside thereof a plainly printed or stamped label, tag, or statement, or in the case of bulk sales, a delivery slip setting forth at least the following information:
(1)
The name and principal office address of the licensee, manufacturer, or distributor;
(2)
The brand or trade name of the material;
(3)
The identification of the product as to the type of the agricultural liming material;
(4)
The net weight of the agricultural liming material;
(5)
The guaranteed calcium carbonate equivalent (neutralizing value). The minimum calcium carbonate equivalent shall be prescribed for various agricultural liming materials by regulation;
(6)
The guaranteed content of elemental calcium (Ca);
(7)
In the case of dolomitic limestone, the guaranteed content of elemental magnesium (Mg). The minimum magnesium content for dolomitic liming materials shall be established by regulations;
(8)
The percent by weight passing through U.S. Standard sieves as prescribed by regulations; and
(9)
The percent moisture. The maximum moisture content will be prescribed by regulation.
(b)
No information or statement shall appear on any package, label, delivery slip, or advertising matter which is misleading to the purchaser as to the quality, analysis, type, or composition of any agricultural liming material. No oral or written statement or claim which is false or misleading as to the comparative value or effectiveness of liming materials shall be made in any labeling, promotion, or advertising 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 2 - LIMING MATERIALS (§§ 2-12-40 — 2-12-51) › Section 2-12-46 - Analysis and sampling by Commissioner

(a)
It shall be the duty of the Commissioner, who may act through his or her authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the Commissioner may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this article. The Commissioner, individually or through his or her agent, is authorized to enter upon any public or private premises or carrier during regular business hours in order to have access to agricultural liming material subject to the provisions of this article and regulations pertaining thereto and to the records relating to their distribution.
(b)
The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists (AOAC) or such other methods approved by the Commissioner.
(c)
The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the Commissioner as provided for by regulation.
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 2-12-47 - Sale of noncomplying, toxic, or domestic septage material prohibited

(a)
No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this article and rules and regulations adopted pursuant to this article.
(b)
No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities determined by the Commissioner which may be injurious to plants or animals.
(c)
No agricultural liming material which contains domestic septage as such term is defined in
40 C.F.R. 503.9
shall be sold or offered for sale in this state.
Amended by 2022 Ga. Laws 782,§ 2, eff. 5/2/2022.
Amended by 2020 Ga. Laws 505,§ 4, 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 2 - LIMING MATERIALS (§§ 2-12-40 — 2-12-51) › Section 2-12-48 - Penalties for deficient materials

If the analysis of an official sample shows that an agricultural liming material is deficient in one or more of its guarantees beyond the investigational allowances set forth in the regulations of the Commissioner, the following penalties shall be assessed in accordance with the following provisions:
(1)
In the event the neutralizing value (calcium carbonate equivalent) is found deficient, the penalty shall be 50¢ per percentage point or fraction thereof on all liming materials;
(2)
In the event the magnesium (Mg) is found to be deficient, the penalty shall be $1.00 per percentage point or fraction thereof on all liming materials;
(3)
When an official sample does not meet screen specifications as set forth in this article, the penalty shall be 50¢ per percentage point or fraction thereof for each sieve size failing to meet its guarantee;
(4)
If the moisture content of an official sample exceeds the guarantee, a penalty of $1.00 per ton shall be assessed for each increase in moisture of 5 percent or fraction thereof;
(5)
When an official sample is subject to a penalty, the tonnage represented by the official sample shall be subject to a minimum penalty of $10.00 and a maximum penalty not to exceed the actual retail value of the liming material; and
(6)
Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty payment will be made to the Commissioner to be deposited in the state treasury.
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 2-12-49 - Rules and regulations; sharing of information

The Commissioner, after reasonable notice and hearing, is authorized to promulgate and adopt rules and regulations for the administration of this article. The Commissioner is further authorized to 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 2020 Ga. Laws 505,§ 5, eff. 1/1/2021.
Amended by 2019 Ga. Laws 35,§ 5, eff. 4/18/2019.