reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-4 - VOLUNTARY INSPECTION OF NON-TRADITIONAL LIVESTOCK AND NON-TRADITIONAL POULTRY › Rule 40-10-4-.14 - Records, Registration and Reports

Current through Rules and Regulations filed through June 27, 2024
Records, registration, and reports shall be conducted or
				  maintained in accordance with the provisions contained in Rule
				  40-10-1-.22.
O.C.G.A. Sec.
				  26-2-60.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-4 - VOLUNTARY INSPECTION OF NON-TRADITIONAL LIVESTOCK AND NON-TRADITIONAL POULTRY › Rule 40-10-4-.15 - License and Hearing Provisions

Current through Rules and Regulations filed through June 27, 2024
License and hearing provisions shall be conducted in
				  accordance with the provisions contained in Rule
				  40-10-1-.23.
O.C.G.A. Sec.
				  26-2-82.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-4 - VOLUNTARY INSPECTION OF NON-TRADITIONAL LIVESTOCK AND NON-TRADITIONAL POULTRY › Rule 40-10-4-.16 - Seizure and Condemnations; Criminal Offenses

Current through Rules and Regulations filed through June 27, 2024
Seizure, condemnation and criminal offenses, shall be in
				  accordance with the provisions contained in Rule 40-10-1-.31.
O.C.G.A. Sec.
				  26-2-60.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) A "regulatory
				control action" is the retention of product, rejection of equipment or
				facilities, slowing or stopping of lines, or refusal to allow the processing of
				specifically identified product.
(2) A "withholding action" is the refusal to
				allow the marks of inspection to be applied to products. A withholding action
				may affect all product in the establishment or product produced by a particular
				process.
(3) A "suspension" is an
				interruption in the assignment of program employees to all or part of an
				establishment.
O.C.G.A. Secs.
				  26-2-201,
				  26-2-202,
				  26-2-204,
				  26-2-208,
				  26-2-210,
				  26-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.02 - Regulatory Control Action

Current through Rules and Regulations filed through June 27, 2024
(1) Georgia Department of Agriculture, Meat
				Inspection Section may take a regulatory control action because of:
(a) Unsanitary conditions or
				practices;
(b) Product adulteration
				or misbranding;
(c) Conditions that
				preclude the Georgia Department of Agriculture, Meat Inspection Section from
				determining that product is not adulterated or misbranded; or
(d) Inhumane handling or slaughtering of
				livestock.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.03 - Withholding Action or Suspension Without Prior Notification

Current through Rules and Regulations filed through June 27, 2024
Georgia Department of Agriculture, Meat Inspection Section
				  may take a withholding action or impose a suspension without providing the
				  establishment prior notification because:
(1) The establishment produced and shipped
				adulterated or misbranded product as defined in
				21 U.S.C.
				453 or
				21 U.S.C.
				602;
(2) The establishment does not have a Hazard
				Analysis and Critical Control Point (HACCP) plan as specified in
				9 CFR
				417.2;
(3) The establishment does not have
				Sanitation Standard Operating Procedures as specified in
				9 CFR
				416;
(4) Sanitary conditions are such that
				products in the establishment are or would be rendered adulterated;
(5) The establishment violated the terms of a
				regulatory control action;
(6) An
				establishment operator, officer, employee, or agent assaulted, threatened to
				assault, intimidated, or interfered with a Georgia Department of Agriculture
				employee; or
(7) The establishment
				did not destroy a condemned meat or poultry carcass, or part or product
				thereof, in accordance with 9 CFR, Part 314 or Part 381, Subpart L within three
				days of notification.
(8) Georgia
				Department of Agriculture, Meat Inspection Section also may impose a suspension
				without providing the establishment prior notification if the establishment is
				handling or slaughtering animals inhumanely.
O.C.G.A. Secs.
				  26-2-201,
				  26-2-202,
				  26-2-204,
				  26-2-208,
				  26-2-210,
				  26-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.04 - Withholding Action or Suspension With Prior Notification

Current through Rules and Regulations filed through June 27, 2024
Georgia Department of Agriculture, Meat Inspection Section
				  may take a withholding action or impose a suspension after an establishment is
				  provided prior notification and the opportunity to demonstrate or achieve
				  compliance because:
(1) The HACCP
				system is inadequate, as specified in
				9 CFR
				417.6, due to multiple or recurring
				noncompliance;
(2) The Sanitation
				Standard Operating Procedures have not been properly implemented or maintained
				as specified in 9 CFR
				416;
(3) The establishment has not maintained
				sanitary conditions as prescribed in
				9 CFR
				416 due to multiple or recurring
				noncompliances;
(4) The
				establishment did not collect and analyze samples for
Escherichia coli
Biotype 1 and record results in accordance with
				9 CFR
				310.25 or
				9 CFR
				381.94;
(5) The establishment did not meet the
Salmonella
performance standard requirements prescribed in
				9 CFR
				310.25 or
				9 CFR
				381.94.
Authority O.C.G.A.
				  Secs. 26-2-201,
				  26-2-202,
				  26-2-204,
				  26-2-208,
				  26-2-210,
				  26-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.05 - Notification, Appeals, and Actions Held in Abeyance

Current through Rules and Regulations filed through June 27, 2024
(1) If Georgia Department of Agriculture,
				Meat Inspection Section takes a withholding action or imposes a suspension, the
				establishment will be notified orally and, as promptly as circumstances permit,
				in writing. The written notification will:
(a) State the effective date of the
				action(s);
(b) Describe the reasons
				for the action(s);
(c) Identify the
				products or processes affected by the action(s);
(d) Provide the establishment an opportunity
				to present immediate corrective action and further planned preventive action;
				and
(e) Advise the establishment
				that it may appeal the action as provided in
				9 CFR
				306.5 and
				381.35 as amended by this
				chapter.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.06 - Withdrawal of Inspection

Current through Rules and Regulations filed through June 27, 2024
The Commissioner may withdraw a license for State Inspection
				  because:
(1) An establishment produced
				and shipped adulterated product;
(2) An establishment did not have or maintain
				a HACCP plan in accordance with 9 CFR Part 417 ;
(3) An establishment did not have or maintain
				Sanitation Standard Operating Procedures in accordance with 9 CFR Part
				416;
(4) An establishment did not
				maintain sanitary conditions;
(5)
				An establishment did not collect and analyze samples for
Escherichia
				coli
Biotype 1 and record results as prescribed in
				9 CFR
				310.25 or
				9 CFR
				381.94;
(6) An establishment did not comply with the
Salmonella
performance standard requirements as prescribed in
				9 CFR
				310.25 and
				381.94;
(7) An establishment did not slaughter or
				handle livestock humanely;
(8) An
				establishment operator, officer, employee, or agent assaulted, threatened to
				assault, intimidated, or interfered with a Georgia Department of Agriculture,
				Meat Inspection Section program employee; or
(9) A recipient of inspection or anyone
				responsibly connected to the recipient is unfit to engage in any business
				requiring inspection as specified in Section 401 of the Federal Meat Inspection
				Act (MIA) or Section 18(a) of the Federal Poultry Products Inspection Act
				(PPIA).
O.C.G.A. Secs.
				  26-2-201,
				  26-2-202,
				  26-2-204,
				  26-2-208,
				  26-2-210,
				  26-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.07 - Refusal to Grant Inspection

Current through Rules and Regulations filed through June 27, 2024
The Georgia Department of Agriculture, Meat Inspection
				  Section may refuse to grant State inspection because an applicant:
(1) Does not have a HACCP plan as required by
				9 CFR Part 417 ;
(2) Does not have
				Sanitation Standard Operating Procedures as required by 9 CFR Part
				416;
(3) Has not demonstrated that
				adequate sanitary conditions exist in the establishment as required by 9 CFR
				Part 308 or Part 381, Subpart H, and 9 CFR Part 416 ;
(4) Has not demonstrated that livestock will
				be handled and slaughtered humanely; or
(5) Is unfit to engage in any business
				requiring inspection as specified in Section 401 of the Federal Meat Inspection
				Act (FMIA) or Section 18(a) of the Federal Poultry Products Inspection Act
				(PPIA).
(6) If the Commissioner
				refuses to grant inspection, the applicant will be provided the opportunity for
				a hearing.
O.C.G.A. Secs.
				  26-2-201,
				  26-2-202,
				  26-2-204,
				  26-2-208,
				  26-2-210,
				  26-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-10 - MEAT AND POULTRY INSPECTION › Subject 40-10-5 - MEAT AND POULTRY INSPECTION RULES OF PRACTICE › Rule 40-10-5-.08 - Procedures for Rescinding or Refusing Approval of Marks, Labels, and Containers

Current through Rules and Regulations filed through June 27, 2024
The Georgia Department of Agriculture, Meat Inspection
				  Section may rescind or refuse approval of false or misleading marks, labels, or
				  sizes or forms of any container for use with any meat or poultry product under
				  Section 7 of the Federal Meat Inspection Act (FMIA) or under Section 8 of the
				  Federal Poultry Products Inspection Act (PPIA).
(1) The Georgia Department of Agriculture,
				Meat Inspection Section will provide written notification that:
(a) Explains the reason for rescinding or
				refusing the approval;
(b) Provides
				an opportunity for the establishment to modify the marking, labeling, or
				container so that it will no longer be false or misleading; and
(c) Advises the establishment of its
				opportunity to submit a written statement to respond to the notification and to
				request a hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-1 - ADMINISTRATION › Rule 40-11-1-.01 - Administration

Current through Rules and Regulations filed through June 27, 2024
The Commissioner is authorized to take such action as, in his
				  discretion, may be necessary in the administration and enforcement of the Act
				  and regulations promulgated thereunder.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-2 - DEFINITIONS › Rule 40-11-2-.01 - Words in Singular Form

Current through Rules and Regulations filed through June 27, 2024
Words used in the singular form in these regulations shall
				  include the plural and vice versa, as the case may require.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-2 - DEFINITIONS › Rule 40-11-2-.02 - Terms Defined

Current through Rules and Regulations filed through June 27, 2024
Terms used in these regulations shall have the meanings set
				  forth for such terms in the Act. In addition, as used in these Regulations, the
				  following terms shall have the meaning stated below:
(1) Act - means the Georgia Pesticide Control
				Act of 1976.
(2) Active Ingredient
				- means:
(a) In the case of a pesticide other
				than a plant regulator, defoliant, or desiccant, an ingredient which will
				prevent, destroy, repel or mitigate any pest;
(b) In the case of a plant regulator, an
				ingredient which through physiological or biochemical action, will accelerate
				or retard the rate of growth or rate of maturation or otherwise alter the
				behavior of ornamental or crop plants or products thereof;
(c) In the case of defoliant, an ingredient
				which will cause the leaves of foliage to drop from a plant;
(d) In the case of a desiccant, an ingredient
				which will artificially accelerate the drying of plant tissue;
(e) Any other ingredient, which the
				Commissioner may designate, if, in his opinion, it sufficiently increases the
				effectiveness of a pesticide to warrant such action.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-3 - STATUS OF PRODUCTS AS PESTICIDES › Rule 40-11-3-.01 - Determination of Intent of Use

Current through Rules and Regulations filed through June 27, 2024
Any product whose intended purpose, either expressed or
				  implied, is used as a pesticide or any product whose representation results in
				  its being used as a pesticide shall be deemed to be a pesticide for the
				  purposes of the Act and these regulations.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-3 - STATUS OF PRODUCTS AS PESTICIDES › Rule 40-11-3-.02 - Products Considered to Be Pesticides

Current through Rules and Regulations filed through June 27, 2024
Products will be considered to be pesticides if:
(1) Claims or recommendations for use as a
				pesticide are made on the label or labeling or otherwise in any other written
				or verbal medium of communication employed by the manufacturer, shipper, or
				distributor of the product.
(2) The
				product is intended for use as a pesticide after reformulation or
				repackaging.
(3) The product is
				intended for use both as a pesticide and for other purposes.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-3 - STATUS OF PRODUCTS AS PESTICIDES › Rule 40-11-3-.03 - Products Considered Not to Be Pesticides

Current through Rules and Regulations filed through June 27, 2024
Examples of products not considered to be pesticides
				  are:
(1) Products or commodities, such
				as paints, fabrics and building materials which have been treated with a
				pesticide for their own protection and for which no pesticidal claims are made
				for protection of other surfaces or objects in the manufacture, sale or
				distribution of the product.
(2)
				Intermediate substances intended for use in production of a pesticide product,
				if the intermediate is subjected to a chemical change in the production
				process.
(3) Fertilizers or soil
				amendments not containing a pesticide.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.01 - Products Requiring Registration

Current through Rules and Regulations filed through June 27, 2024
(1) No person may distribute in this State,
				any pesticide which is not registered with the Commissioner, except as provided
				in subsection 2 below.
(2) The
				following pesticides are exempt from the registration requirements:
(a) Pesticides transferred between registered
				establishments operated by the same producer for packaging or for use in
				another pesticide, provided such pesticides are labeled to clearly show their
				identity and the purposes for which they are being transferred.
(b) Pesticides distributed under an
				experimental use permit issued by the Commissioner.
(c) Pesticides transferred for purposes of
				disposal when marked to show "For Disposal Only" and accompanied by sufficient
				information to identify product and to insure that product can be handled with
				minimum hazard to man or the environment.
(d) Pesticides intended solely for export
				when prepared or packed according to specifications of foreign
				purchases.
(e) Pesticides being
				distributed under an emergency exemption under Section 18.
(f) Pesticides exempt under Section 25b of
				FIFRA.
(g) Any other pesticide
				which the Commissioner designates by regulation as being of such nature or
				character that registration is not required to carry out the purposes of the
				Act.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.02 - Registration Procedures and Fee

Current through Rules and Regulations filed through June 27, 2024
(1) Who may apply. Any manufacturer or
				distributor of a pesticide may apply for the registration of such pesticide.
				Application may be filed by applicant or by an agent whom the applicant has
				designated by a notarized letter.
(2) Nonresident applicants. Any applicant not
				residing in Georgia or not having a business address in Georgia shall appoint
				an Attorney-In-Fact for the purpose of receiving the service of legal process.
				Designation shall be on forms furnished by the Department.
(3) The applicant desiring to register a
				pesticide shall pay an annual registration fee of $200.00 for each pesticide
				registered for such applicant. If such registration is not renewed prior to
				January 1, the registration fee shall be increased to $400.00 and must be paid
				by the applicant before a registration is issued.
(4) Application for Registration. Application
				shall be made on forms provided by the Department and shall contain the
				following information:
(a) Federally
				Registered Pesticides
1. Name and address of
				the person whose name will appear on the label and name and address of the
				applicant.
2. The name of the
				pesticide as it appears on the label.
3. The EPA Registration Number.
4. The EPA Establishment Number.
5. Signature of the applicant.
6. Application shall be accompanied by one
				copy of the labeling accompanying the pesticide, including all claims,
				directions for use and use classification.
7. If requested by the Commissioner, the
				complete formula including active and inert ingredients.
8. In the case of products or product uses
				not registered pursuant to Section 3, FIFRA, a description of tests and the
				results thereof on which claims are based, including efficacy data, residue
				data, human safety data and data supporting that product will perform its
				intended function without unreasonable adverse effects on the
				environment.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.03 - Duration of Registration

Current through Rules and Regulations filed through June 27, 2024
(1) Registration shall become effective on
				the date issued and shall continue in effect through December 31, or in the
				case of multi year registrations, two years following December 31 of the year
				in which issued.
(2) Any pesticide
				registered under the Act shall not require any further registration under the
				Act by any other persons, provided:
(a) The
				pesticide is in the manufacturer's or registrant's original unbroken
				container;
(b) The claims made, its
				directions for use, and its use classification do not differ from those made in
				conjunction with its registration.
(c) The product bears labeling accepted in
				its registration and otherwise in compliance with the Act.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.04 - Reregistration

Current through Rules and Regulations filed through June 27, 2024
Forms for renewal shall be mailed to all registrants at least
				  30 days prior to the expiration date. If an application for reregistration is
				  not filed and the renewal fee not paid 30 days after the expiration date, the
				  fee shall be doubled before renewal will be issued.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-4 - REGISTRATION › Rule 40-11-4-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-5 - REFUSAL TO REGISTER, CANCELLATION, CHANGE IN CLASSIFICATION, SUSPENSION › Rule 40-11-5-.01 - Refusal to Register, Cancel, Change in Classification, Suspension

Current through Rules and Regulations filed through June 27, 2024
(1) If, at any
				time, it does not appear to the Commissioner that any pesticide is such as to
				warrant the proposed claims for it, or if the pesticide and its labeling or
				other material required to be submitted to not comply with the Act or these
				regulations, or when necessary to prevent unreasonable adverse effects on the
				environment, the Commissioner shall notify the registrant of any necessary
				changes to be made. If the registrant fails to respond within thirty (30) days
				of receipt of the notice to the effect that appropriate action will be taken,
				the Commissioner may:
(a) Refuse to register
				the pesticide. The applicant may request a hearing as provided for in the
				Georgia Administrative Procedure Act;
(b) Cancel the pesticide registration after
				having given the registrant opportunity for a hearing.
(c) Change the classification of the
				pesticide after having given the registrant an opportunity for a
				hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-6 - LABELING › Rule 40-11-6-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-7 - FORMS OF PLANT AND ANIMAL LIFE AND VIRUSES DECLARED TO BE PESTS › Rule 40-11-7-.01 - Forms of Plant and Animal Life and Viruses Declared to Be Pests

Current through Rules and Regulations filed through June 27, 2024
1. Each of the
				following forms of plant and animal life and viruses is declared to be a pest
				when it exists under circumstances that make it injurious to man or the
				environment:
(a) Vertebrate animals (other
				than man) including but not limited to mammals, birds, fish, amphibians and
				reptiles.
(b) Invertebrate animals
				(other than internal parasites of living man or other living animals),
				including but not limited to insects, other arthropods, nematodes, and
				mollusks, such as snails and slugs.
(c) Plants and plant parts growing where not
				wanted.
(d) Microorganisms (other
				than those on or in living man or other living animals and those on or in
				processed food, beverages, pharmaceuticals including cosmetics), including but
				not limited to algae, fungi and bacteria.
(e) Viruses (other than those on or in living
				man or other animals and those on or in food, beverages, and pharmaceuticals
				including cosmetics).
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.01 - Collection of Samples

Current through Rules and Regulations filed through June 27, 2024
(1) Samples of labeled pesticides packaged
				for distribution may be collected at any reasonable time by such employees of
				the Georgia Department of Agriculture as may be designated by the Commissioner.
				Methods of sampling shall be those prescribed by the Commissioner.
(2) The Commissioner or his duly designated
				agent is authorized to collect samples of pesticide upon demand without charge
				or cost from any public or private premises within this state in which
				pesticide is manufactured, processed, packed, stored, distributed or held for
				distribution and from any vehicle used to transport or hold such
				pesticide.
O.C.G.A. §
										2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.02 - Examination of Samples

Current through Rules and Regulations filed through June 27, 2024
Methods for examination of samples shall be those prescribed
				  by the Commissioner. Content of active ingredients on all pesticides should be
				  at a level of guarantee. However, determination of compliance based on assay of
				  a single sample shall be made as follows:
(a) A single sample whose assay deviates
				below the stated guarantee shall be considered in compliance except as noted in
				(b) below if its active ingredients are found to be within the following
				ranges:
Active
							 Ingredient
Allowable
							 Deviation
Up to 1.00%
15% of Guarantee
1.01% - 19.99%
0.1 plus 5% of Guarantee
20.00% - 49.99%
0.5 plus 3% of Guarantee
50.00% - 100.00%
1.0 plus 2% of Guarantee
(b)
				A single sample whose assay deviates below the stated guarantee beyond the
				above limits may not be considered "deficient" if special sampling problems
				such as those associated with fertilizer-pesticide mixtures and granular
				formulations or if problems associated with accuracy, specificity or
				reproducibility of the method of analysis can reasonably be expected to have
				contributed to the lower assay.
(c)
				A single sample whose assay ranges above the stated guarantee shall be judged
				individually. However, an assay ranging above the stated guarantee shall not be
				considered violative if:
1. No illegal
				residue can be expected to result when product is used according to label
				directions.
2. No significant
				increase in hazard to man or the environment can be expected to result when
				product is used according to label directions.
3. Stability of the formulation or
				ingredients thereof require overformulation to insure that assay over a period
				stated on the label shall not fall below the minimum provided in (a)
				above.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.03 - Notice of Violations on Pesticides

Current through Rules and Regulations filed through June 27, 2024
If examination or analysis shows a pesticide to be in
				  violation of this Act or these regulations, a notice shall be sent to the
				  person against whom proceedings are contemplated, stating the manner in which
				  the pesticide fails to comply. The person so notified shall have 20 days within
				  which to offer an explanation or to request a hearing. Failure to respond
				  within the 20-day period will be grounds for institution of legal proceedings
				  for the violation, provided: No notice or hearing is required prior to seizure,
				  stop sale or stop use of any pesticide.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.04 - Inspection of Records

Current through Rules and Regulations filed through June 27, 2024
Any employee of the Georgia Department of Agriculture duly
				  authorized by the Commissioner shall upon request, be provided access during
				  any reasonable working hours to inspect, or copy any records required to be
				  kept by any licensee, permittee or registrant under the provisions of the Act
				  and these regulations.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.05 - Notice of Apparent Violation in Record Keeping

Current through Rules and Regulations filed through June 27, 2024
If, upon inspection, it appears that there has been any
				  failure to maintain records required by the Act or these regulations, or if it
				  appears that any records have been falsified, the Commissioner may issue a
				  notice, to the licensee or registrant, stating the manner in which the
				  maintenance of required records fails to comply. The licensee or registrant
				  shall have 20 days in which to make an explanation or request a hearing. The
				  Commissioner may subpoena witnesses and require production of all books,
				  records, and documents pertaining to operations of the licensee or
				  registrant.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-8 - ENFORCEMENT › Rule 40-11-8-.06 - Stop Sale Use or Removal Orders

Current through Rules and Regulations filed through June 27, 2024
If the examination of any pesticide indicates that the
				  pesticide does not comply with the provisions of the Act and these regulations,
				  he may issue a Stop Sale, Use or Removal Order to the Custodian or registrant
				  of such pesticide. Any pesticide under such an order shall not be sold, used or
				  removed until the provisions of the Act have been complied with and the
				  pesticide has been released by the Commissioner, in writing. The registrant
				  shall have thirty (30) days from receipt of such notice in which to bring the
				  pesticide into compliance or to otherwise dispose of the pesticide consistent
				  with the requirements of the Act or these regulations.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-9 - MISBRANDING › Rule 40-11-9-.01 - Misbranding

Current through Rules and Regulations filed through June 27, 2024
The term "misbranded" shall apply to:
(1) Any pesticide subject to this Act if:
(a) Its labeling does not comply with
				requirements prescribed in Section
				40-11-6 of these
				regulations.
(b) Its label bears
				any information or design which is false or misleading in any way.
(c) It is distributed under the name of or as
				an imitation of another pesticide.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-10 - PROHIBITED ACTS › Rule 40-11-10-.01 - Prohibited Acts

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be unlawful for any person to
				distribute in this State:
(a) Any pesticide
				which has not been registered pursuant to the Act and these
				regulations.
(b) Any pesticide
				whose composition differs from that represented in its registration.
(c) Any pesticide which is misbranded as
				defined in Section
				40-11-10 of these
				regulations.
(d) Any pesticide
				unless it is in the registrant's or manufacturer's unbroken container and bears
				a label meeting the requirements of the Act and these regulations.
(e) Any pesticide or device which has been
				rendered unsafe due to damage to its contents, container or label.
(f) Any pesticide labeled for restricted uses
				to any person who has not been certified or permitted to purchase and use such
				restricted use pesticide.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-10 - PROHIBITED ACTS › Rule 40-11-10-.02 - Exemptions

Current through Rules and Regulations filed through June 27, 2024
Penalties provided for violation of Sections 6(1)(a), (b),
				  (c), (d), and (e) of the Act shall not apply to:
1. Any carrier while lawfully engaged in
				transporting a pesticide within this State, if such carrier permits the
				Commissioner to copy all records relating to the transactions in and movement
				of pesticides and devices.
2.
				Public officials of this State and the Federal Government while engaged in the
				performances of their official duties.
3. The manufacturer, shipper, or distributor
				of pesticide for which an experimental use permit has been issued by the
				Commissioner.
4. Any person who
				ships a substance or mixture of substances for the purpose of determining its
				pesticidal or other properties and from which the user does not expect to
				receive any benefit in pest control.
5. Any pesticide intended solely for export
				to a foreign country when prepared or packed to specifications of
				purchaser.
O.C.G.A. Sec.
				  2-2-9
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-12 - RESTRICTED USE PESTICIDE DEALERS › Rule 40-11-12-.01 - Requirement for Licensing

Current through Rules and Regulations filed through June 27, 2024
A Restricted Use Pesticide Dealer License shall be required
				  for:
(a) Each outlet located within
				the State from which restricted use pesticides or pesticides with State
				restricted uses are distributed;
(b) The principal out-of-state outlet of any
				manufacturer, registrant or distributor who has no outlet within the State and
				who distributes any restricted use pesticide or pesticides with State
				restricted uses directly to a user within the State. Such principal
				out-of-state outlet shall be responsible for maintaining all required records
				pertaining to shipments of such restricted use pesticides into the State from
				all out-of-state outlets operated by such manufacturer, registrant or
				distributor;
(c) A Restricted Use
				Pesticide Dealer's License shall not be required of any contractor whose sale
				of pesticides consists only of that included as an integral part of his
				application service, or of any governmental agency which distributes restricted
				use pesticides or pesticides with State restricted uses for its own
				program.
Ga. L. 1976, p.
				  282.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-12 - RESTRICTED USE PESTICIDE DEALERS › Rule 40-11-12-.02 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) Every
				Restricted Use Pesticide Dealer shall maintain records of sales of all
				restricted use pesticides or pesticides with State restricted uses. Such
				records shall include:
(a) Name of certified
				private or commercial applicator by whom purchased.
(b) Certified applicator's State
				Certification or license number.
(c) Date of purchase.
(d) Brandname or tradename of restricted use
				pesticide or pesticide with State restricted use purchased.
(e) Quantity purchased.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-12 - RESTRICTED USE PESTICIDE DEALERS › Rule 40-11-12-.03 - Responsibility of Restricted Use Pesticide Dealer

Current through Rules and Regulations filed through June 27, 2024
Every Restricted Use Pesticide Dealer shall be responsible
				  for the acts of his employees in the solicitation and sale of all pesticides
				  and all claims and recommendations for use of pesticides.
Ga. L. 1976, p.
				  282.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-11 - ECONOMIC POISONS › Subject 40-11-12 - RESTRICTED USE PESTICIDE DEALERS › Rule 40-11-12-.04 - Duration of License and Fee

Current through Rules and Regulations filed through June 27, 2024
All Restricted Use Pesticide Dealer Licenses shall expire
				  December 31 and shall be subject to a $55.00 annual renewal fee. If such
				  license is not renewed prior to January 1, a double fee of $110.00 must be paid
				  by the applicant before a renewal is issued.
Ga. L. 1976, p.
				  282.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-1 - DEFINITIONS › Rule 40-12-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Terms used in these Rules are defined as follows:
(a) 'Commissioner' means the Commissioner of
				Agriculture or the designated section or employee employed by the Department of
				Agriculture of this state.
(b)
				'Seed Dealer' means any person who sells seed, including persons who label
				seed, transfer and market seed within the trade or sell seed to purchasers,
				except for farmers or other persons that sell seed they produced and sell it as
				such at their own farm and they do not advertise or transfer it by any public
				carrier.
(c) 'Non-Commercial Seed
				Sharing' means that no monetary consideration or compensation may be
				transferred in return for receiving seeds. Additionally, anyone distributing
				seeds under the rules of this definition may not expect, or create the
				expectation, that seeds must be returned in exchange for receiving seeds. If
				distribution of seeds is found to be in anticipation or connection to money
				paid for work or services rendered by the same person distributing seeds, such
				distribution shall not be considered non-commercial within these
				rules.
Ga. L. 1956, p. 217,
				  O.C.G.A. §
										2-11-28.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-2 - SEED TESTING PROTOCOL AND STATISTICAL TOLERANCES › Rule 40-12-2-.01 - Seed Testing Protocol

Current through Rules and Regulations filed through June 27, 2024
The terms used in seed testing and the methods of sampling,
				  inspecting, testing, analyzing and examining agricultural, vegetable, flower,
				  tree and shrub seeds shall be prescribed by the Commissioner of the Georgia
				  Department of Agriculture after giving due consideration to those adopted by
				  the Association of Official Seed Analysts effective October 1,
				  1996.
Ga. L. 1958, p. 220;
				  Ga. L. 1956, p. 217, as amended; O.C.G.A. Sec.
				  2-11-28.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-2 - SEED TESTING PROTOCOL AND STATISTICAL TOLERANCES › Rule 40-12-2-.02 - Statistical Tolerances

Current through Rules and Regulations filed through June 27, 2024
The statistical tolerances applicable to seed labeling of
				  purity analysis, noxious weed seeds, germination percentage and other required
				  factors to be followed in the administration of the Georgia Seed Law shall be
				  prescribed by the Commissioner of the Georgia Department of Agriculture after
				  giving due consideration to those adopted by the Association of Official Seed
				  Analysts effective October 1, 1996.
Authority O.C.G.A. Sec.
				  2-11-28.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-3 - STANDARDS › Rule 40-12-3-.01 - Agricultural Seed Quality Standards

Current through Rules and Regulations filed through June 27, 2024
(1) Agricultural seed purity standards are as
				follows:
(a) The percent inert matter shall
				not exceed 3 percent for hybrid field corn, nor 4 percent inert matter for
				other agricultural crop seed, with the following exceptions:
1. Exotic, native and range grasses normally
				marketed at high inert matter levels shall have no maximum inert matter
				limitation and shall be labeled to show the percent inert matter
				present.
2. The following
				agricultural crop kinds shall have inert matter limitations as indicated:
Kind
Maximum Inert Matter
(i) Bahiagrass, Argentine
							 ......................................
20%
(ii) Bahiagrass, Pensacola
							 ......................................
10%
(iii) Cowpea (Southernpea)
							 .....................................
5%
(iv) Peanut
							 .........................................................
5%
(v) Orchardgrass
							 .................................................
8%
(vi)
							 Soybean........................................................
2%
(vii) Triticale
							 .......................................................
10%
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-3 - STANDARDS › Rule 40-12-3-.03 - Minimum Sample Size for Seed Analysis

Current through Rules and Regulations filed through June 27, 2024
The following minimum sample sizes are required when
				  submitting seed for laboratory analysis.
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Authority O.C.G.A. Sec.
				  2-11-28.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-3 - STANDARDS › Rule 40-12-3-.04 - Flower Seed Germination Standards

Current through Rules and Regulations filed through June 27, 2024
(1) The following standards for the
				germination of flower seeds are hereby adopted. For the kinds marked with an
				asterisk (*), the standard shown includes the total of germination and hard
				seed percentages.
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(2) Flower seed kinds not listed shall have a
				germination standard of 50%.
(3)
				Flower seeds that germinate less than the standard may be sold, offered for
				sale, exposed for sale, or transported within this State if labeled with the
				words 'below standard' in not less than 8- point type, provided that no seed
				marked 'below standard' shall be sold if it falls below 30%
				germination.
(4) A mixture of
				flower seed kinds will be considered to be below the standard if the
				germination of any kind or combination of kinds constituting 25% or more of the
				mixture is below standard for the kind or kinds involved.
Authority O.C.G.A. Sec.
				  2-11-22.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-4 - LIMITATIONS ON NOXIOUS WEED SEEDS › Rule 40-12-4-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1956, p.
				  217.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-5 - LABELING REQUIREMENTS › Rule 40-12-5-.01 - Label Format

Current through Rules and Regulations filed through June 27, 2024
Analysis tags or labels shall substantially comply with the
				  following formats, according to the kind being marketed.
(a)
Agricultural Seed Label
				Format.
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Ga. L. 1956, p. 217;
				  O.C.G.A. Sec.
				  2-11-28.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-5 - LABELING REQUIREMENTS › Rule 40-12-5-.02 - Label Specifications

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements for Labeling Tags and
				Records.
(a) Abbreviations in labeling
				are not permitted.
(b) All
				information required on the analysis tag shall be placed on one side of the
				label and no other information shall be placed on the tag with the
				analysis.
(c) All information
				required on the analysis tag shall be truthful and not misleading or
				illegible.
(d) A complete analysis
				shall be given on labeling tags and the purity component percentages must total
				one hundred (100) percent. Blank spaces or incomplete analyses are not
				permitted. Either numerals or the word "none" shall be used to express a
				percentage or number per pound.
(e)
				All invoices and records pertaining to the shipment or sale of seed shall show
				each lot number.