reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Act" means the
				Georgia Liming Materials Act of 1996.
(2) "Fineness or Particle Size" means the
				percentage by weight of the liming material which will pass a U. S. Standard
				sieve and the following minimums shall apply:
(a) Solid liming materials:
90% through a 10 mesh sieve
50% through a 50 mesh sieve
25% through a 100 mesh sieve
(b) Liquid or suspension liming materials:
100% through a 20 mesh sieve
60% through a 200 mesh sieve
(c) Finely ground limestone:
98% through a 20 mesh sieve
70% through a 100 mesh sieve
(d) Industrial by-products - while no
				minimums are required, product labels must state the following:
Percentage (%) passing a 10 mesh sieve
Percentage (%) passing a 50 mesh sieve
Percentage (%) passing a 100 mesh sieve
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.02 - License Fees

Current through Rules and Regulations filed through June 27, 2024
A new licensee shall pay a license fee of $70.00. The renewal
				  fee for a Lime License shall be due annually on July 1 of each year. Fees and
				  renewals received after July 1 each year shall be:
Date Fee
							 Received
Tonnage Previous
							 Year
License Renewal Fee
July 2 through July 31
Less than 10,000 tons
$105
10,000 tons or more
$210
Aug. 1 through Aug. 31
Less than 10,000 tons
$140
10,000 tons or more
$280
Sept. 1 and Later
Less than 10,000 tons
$175
10,000 tons or more
$350
O.C.G.A. Secs.
				  2-12-43,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.03 - Product Registration Renewal and Renewal Fees

Current through Rules and Regulations filed through June 27, 2024
The registration fee shall be $70.00 per product. Such fee
				  shall be submitted with the registration, and a renewal fee of $70.00. The
				  renewal of product registration and payment of the renewal fee shall be due on
				  July 1 of each year. Fees and renewals received after July 1, each year shall
				  be:
Date Fee
							 Received
Registration Renewal
							 Fee
July 2 through July 31
$105 per product
Aug. 1 through Aug. 31
$140 per product
Sept. 1 and Later
$175 per product
O.C.G.A. Sec.
				  2-12-43.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.04 - Tonnage Reporting

Current through Rules and Regulations filed through June 27, 2024
Every licensee shall file a tonnage report twice annually, no
				  later than July 30, covering tonnage shipped January 1 through June 30 and no
				  later than January 31 covering tonnage shipped July 1 through December 31. All
				  tonnage shall be reported to two (2) decimal places when less than one (1) ton
				  is reported and to the nearest ton when more than one (1) ton is reported. Each
				  report shall include the following information:
(a) Total tonnage of all liming materials
				distributed.
(b) Total tonnage of
				solid liming materials distributed.
(c) Total tonnage of liquid or suspension
				liming materials distributed.
(d)
				Total tonnage of Dolomitic liming materials distributed.
(e) Total tonnage of Calcitic liming
				materials distributed.
O.C.G.A. Secs.
				  2-12-44,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.05 - Calcium Carbonate Equivalents

Current through Rules and Regulations filed through June 27, 2024
(1) Certain liming materials shall be labeled
				to show their calcium carbonate equivalent (CCE) as follows:
(a) Burnt Lime - not less than 40
				percent.
(b) Hydrated Lime - not
				less than 110 percent.
(c) Other
				Solid Liming Materials - not less than 85 percent.
(d) Liquid or Suspension Materials - not less
				than 45 percent.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.06 - Magnesium Content

Current through Rules and Regulations filed through June 27, 2024
Solid dolomitic liming materials shall contain a minimum of
				  six (6) percent magnesium and liquid or suspension dolomitic liming materials
				  must contain at least three (3) percent magnesium.
O.C.G.A. Secs.
				  2-12-45,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.07 - Moisture Content

Current through Rules and Regulations filed through June 27, 2024
(1) Solid liming materials shall contain no
				more than fifteen (15) percent moisture and liquid or suspension liming
				materials shall contain no more than 50% moisture.
(2) Industrial by-products shall not be
				subject to a maximum moisture content but must be labeled to show the maximum
				moisture contained.
O.C.G.A. Secs.
				  2-12-45,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.08 - Investigational Allowances

Current through Rules and Regulations filed through June 27, 2024
Liming materials shall be considered deficient when:
(a) The calcium carbonate equivalent (CCE) is
				found to be more than two (2) percent below the guaranteed CCE.
(b) The elemental calcium (Ca) content is
				found to be more than ten (10) percent below the guaranteed calcium
				content.
(c) The elemental
				magnesium (mg) content is found to be more than ten (10) percent below the
				guaranteed magnesium content.
(d)
				The particle size is found to be more than five (5) percent below the
				percentage guaranteed.
(e) The
				moisture content is found to be more than twelve (12) percent above the
				guaranteed maximum moisture content.
O.C.G.A. Secs.
				  2-12-48,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.09 - Reports of Analysis and Requests for Portions of Official Samples

Current through Rules and Regulations filed through June 27, 2024
(1) Reports on all
				liming materials whose analysis shows the sample to be within the
				investigational allowances established above shall show that the sample is
				found to be in compliance and shall not be required to show the actual
				analyses.
(2) Upon request of a
				licensee within ten (10) days after receipt of a liming materials analysis
				report, the Commissioner shall make available a portion of the official sample
				of any liming material reported to be deficient.
O.C.G.A. Secs.
				  2-12-46,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.10 - Determining Injurious Toxic Materials

Current through Rules and Regulations filed through June 27, 2024
In determining if a liming material contains quantities of
				  toxic materials which could be injurious to plants or animals, the Commissioner
				  shall rely upon guidelines or other data developed by the University of
				  Georgia.
O.C.G.A. Secs.
				  2-12-47,
				  2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-27 - LIMING MATERIALS › Subject 40-27-1 - LIMING MATERIALS › Rule 40-27-1-.11 - Liming Material Sampling

Current through Rules and Regulations filed through June 27, 2024
The Commissioner or his duly designated agent is authorized
				  to collect samples of a liming material upon demand without charge or cost from
				  any public or private premises within this state in which a liming material is
				  manufactured, processed, packed, stored, distributed or held for distribution
				  and from any vehicle used to transport or hold such a liming material. Methods
				  of sampling shall be those prescribed by the Commissioner.
O.C.G.A. §
										2-12-49.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Department"
				means the Georgia Department of Agriculture.
(2) "Agricultural tourist attraction" means
				any agricultural based business providing onsite attractions to tourists that
				meet the criteria set out in departmental Rule
				40-28-1-.03.
(3) "Registered agricultural tourist
				attraction" means a specific location registered with the Georgia Department of
				Agriculture.
(4) "Facility"
				includes, but is not limited to, real property structures, farms, businesses,
				and places providing recreational activities, places providing lodging, that
				make it usable for a designated or assigned purpose.
(5) "Tour" means an activity that is directed
				by a knowledgeable employee (tour guide) of the business; educational,
				informative, and entertaining in nature, of sufficient length to clearly
				describe the materials, equipment, and processes used in the production of
				agricultural products by the facility and conducted during open business hours,
				or, in the absence of regular tour times, upon availability.
O.C.G.A. Sec.
				  26-2-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.02 - Duty of the Georgia Department of Agriculture

Current through Rules and Regulations filed through June 27, 2024
Once a facility is designated an "agricultural tourist
				  attraction" the Department shall, in conjunction with the Georgia Department of
				  Transportation, take the appropriate steps to assist in the placement of
				  directional signs along roads in the direct proximity of the agricultural
				  tourist attraction to direct passing traffic to the agricultural tourist
				  attraction. The Georgia Department of Transportation shall create guidelines
				  relating to size, placement, location and number of signs on Federal and State
				  highways. The Department will approve the design of the signs and logo
				  designating an agricultural tourist attraction.
O.C.G.A. Sec.
				  26-2-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.03 - Criteria to Determine What Constitutes an "Agricultural Tourist Attraction"

Current through Rules and Regulations filed through June 27, 2024
(1) Facilities
				wishing to be recognized by the Department as an "agricultural tourist
				attraction" shall:
(a) Submit an application
				to the Department;
(b) Submit
				payment of a one-time application fee of not less than $300.00, depending on
				the type of agricultural tourist attraction. Directional signage is an
				additional charge determined by the Georgia Department of
				Transportation.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.04 - Registration of "Agricultural Tourist Attraction"

Current through Rules and Regulations filed through June 27, 2024
(1) The Department shall maintain a registry
				of approved agricultural tourist attractions.
(2) Agricultural tourist attractions shall be
				registered in the following categories:
(a)
				Temporary registration: attractions operating 14 days or less per
				year.
(b) Seasonal registration:
				attractions operating between 15 days to six months.
(c) Year-round registration: attractions
				operating more than 6 months per year.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.05 - Once Designated an "Agricultural Tourist Attraction" the Facility Shall

Current through Rules and Regulations filed through June 27, 2024
(a) Have a point-of-business sign on-site
				posted in a prominent and visible location stating the name of the business,
				the days and hours of operation, and the time tours will be conducted if
				applicable.
(b) Maintain a website
				with the hours of operation and directions to the facility.
(c) Provide onsite public restroom
				facilities, drinking water suitable for public consumption and an onsite
				telephone available for emergency purposes.
(d) Provide an all-weather structure and
				adequate onsite parking.
(e) If the
				facility designated as an "agricultural tourist attraction" shall cease to
				operate, the Department shall be notified, in writing, within ten (10) days
				thereof. Once notified, said attraction shall be removed from the
				registry.
O.C.G.A. Sec.
				  26-2-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-28 - AGRICULTURAL TOURIST ATTRACTION › Subject 40-28-1 - AGRICULTURAL TOURIST ATTRACTION › Rule 40-28-1-.06 - Removal of Designation

Current through Rules and Regulations filed through June 27, 2024
Once a facility ceases to fulfill the criteria required as an
				  agricultural tourist attraction, the facility shall be given thirty (30) days
				  to come into compliance with all applicable rules. If the facility is not in
				  compliance at the end of said period, it shall lose the designation as an
				  agricultural tourist attraction and be removed from the Department's website.
				  The Department of Transportation shall then be notified and all agricultural
				  signage shall be removed. If the facility applies for reinstatement, the
				  request shall be handled as if it were a new applicant.
O.C.G.A. Sec.
				  26-2-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-29 - GEORGIA AGRICULTURE TAX EXEMPTION › Rule 40-29-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Agricultural
			 product" - Items produced by agricultural operations.
(2) "Agricultural operations" - Used
			 synonymously with 'agricultural purposes' and means the following activities:
			 raising, growing, harvesting, or storing of crops, including, but not limited
			 to, soil preparation and crop production services such as plowing, fertilizing,
			 seed bed preparation, planting, cultivating, and crop protecting services;
			 feeding, breeding, or managing livestock, equine, or poultry; producing or
			 storing feed for use in the production of livestock, including, but not limited
			 to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use
			 in the production of poultry, including, but not limited to, chickens, hens,
			 ratites, and turkeys; producing plants, trees, fowl, equine, or other animals;
			 producing aquacultural, horticultural, viticultural, silvicultural, grass sod,
			 dairy, livestock, poultry, egg, and apiarian products; processing poultry;
			 post-harvest services on crops with the intent of preparing them for market or
			 further processing, including but not limited to crop cleaning, drying,
			 shelling, fumigating, curing, sorting, grading, packing, ginning, canning,
			 pickling, and cooling; slaughtering poultry and other animals; and
			 manufacturing dairy products. Agricultural operations does NOT include
			 constructing, installing, altering, repairing, dismantling, or demolishing real
			 property structures or fixtures, including, but not limited to, grain bins,
			 irrigation equipment, and fencing.
(3) "Animal" - Synonymous with "livestock"
			 and means living organisms that are commonly regarded as farm animals,
			 organisms that produce tangible personal property for sale, or organisms that
			 are processed, manufactured, or converted into articles of tangible personal
			 property for sale. The term does not include living organisms that are commonly
			 regarded as domestic pets or companion animals.
(4) "Georgia Agriculture Tax Exemption
(GATE)
Certificate" - An agricultural sales and use tax exemption
			 certificate issued by the Georgia Department of Agriculture that identifies its
			 user as a qualified agriculture producer.
(5) "Georgia Tax Exemption Advisory Board" -
			 A board appointed by the Commissioner in accordance with the Official Code of
			 Georgia, Title 48, Chapter 8, Section 3.3.
(6) "Commissioner" - The Commissioner of the
			 Georgia Department of Agriculture, or his designee.
(7) "Department" - The Georgia Department of
			 Agriculture.
(8) "On Farm" - Where
			 an agricultural product is produced or harvested.
O.C.G.A. §
									48-8-3.3.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-29 - GEORGIA AGRICULTURE TAX EXEMPTION › Rule 40-29-.02 - Application for Authorization to Attain a Georgia Agriculture Tax Exemption (GATE) Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) No person or entity shall utilize a GATE
			 Certificate unless prior application for certification or licensing has been
			 made to the Department and permission to make such use has been granted by the
			 Commissioner.
(2) Only Qualified
			 Agriculture Producers are authorized to use the GATE Certificate.
(3) 'Qualified Agriculture Producer' includes
			 producers of agricultural products or services who meet one of the following
			 criteria:
(a) The person or entity is the
			 owner or lessee of agricultural land or other real property from which
			 $5,000.00 or more of agricultural products in aggregate were produced and sold
			 during the year, including payments from government sources;
(b) The person or entity is in the business
			 of performing agricultural operations and has provided $5,000.00 of such
			 services during the year;
(c) The
			 person or entity is in the business of producing long-term agricultural
			 products from which there might not be annual income, including, but not
			 limited to, timber, pulpwood, orchard crops, pecans, livestock, and
			 horticultural or other multiyear agricultural or farm products. Applicants must
			 demonstrate that sufficient volumes of such long-term agricultural products
			 will be produced which have the capacity to generate in aggregate at least
			 $5,000.00 in annualized sales in the future; or
(d) The person or entity must establish, to
			 the satisfaction of the Commissioner of Agriculture, the person or entity is
			 actively engaged in the production of agricultural products and has or will
			 have created sufficient volumes to generate in aggregate at least $5,000.00 in
			 annualized sales.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-29 - GEORGIA AGRICULTURE TAX EXEMPTION › Rule 40-29-.03 - Renewal Process

Current through Rules and Regulations filed through June 27, 2024
(1) The GATE Certificate must be renewed
			 every three years, except as provided in the renewal schedule identified in
			 Rule 40-29-.02(11)(a). The
			 procedure for renewal by certificate holders previously authorized to use the
			 GATE Certificate is as follows:
(a)
			 Certificates expire December 31. The Department will begin accepting renewal
			 applications on November 1, prior to the new calendar year.
(b) Renewals shall be made online at
www.agr.georgia.gov
. For renewal
			 assistance, applicants may contact the GATE Service Center at 855-327-6829 or
			 855-FarmTax.
(c) The renewal fee is
			 $150. The renewal fee shall be paid online at
www.agr.georgia.gov
.
(d) Failure to remit the renewal fee and
			 application by the expiration date shall result in the Certificate being
			 designated as inactive and therefore ineligible for GATE benefits.
(e) All information required in the
			 application process will be reviewed, updated where needed, and attested to by
			 applicant.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-29 - GEORGIA AGRICULTURE TAX EXEMPTION › Rule 40-29-.04 - Denial of Certification for the Georgia Agriculture Exemption (GATE) Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner may make an initial
			 determination of whether a person or entity is eligible for the GATE
			 Certificate. If the applicant is denied certification, then the applicant shall
			 be provided a reason for such denial and the licensing fee will be returned to
			 the applicant.
(2) An application
			 for the GATE Certificate may be denied if not made in compliance with O.C.G.A.
			 §
								48-8-3.3 or the Rules promulgated
			 by the Georgia Department of Agriculture, including, but not limited to, the
			 following:
(a) Submitted application has not
			 been properly completed or is missing required information;
(b) Annual application fee is not
			 paid;
(c) Applicant falsified
			 information on application or any previous application.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-29 - GEORGIA AGRICULTURE TAX EXEMPTION › Rule 40-29-.05 - Revocation of Certification

Current through Rules and Regulations filed through June 27, 2024
(1) Authorization to use the GATE Certificate
			 may be suspended or revoked at any time if the certificate is misused or if the
			 owner fails to operate as a Qualified Agriculture Producer.
(2) Misuse of the GATE Certificate includes,
			 but is not limited to, the following:
(a) The
			 use of the Agriculture Tax Exemption Certificate for purchasing taxable items
			 that will be used in a manner that does not qualify for the exemptions found in
			 O.C.G.A. §
									48-8-3.3 or the Rules and
			 Regulations promulgated by the Georgia Department of Revenue.
(b) The use of the Agriculture Tax Exemption
			 Certificate by individuals or entities that fail to meet the standards of a
			 Qualified Agricultural Producer.
(c) Use of the Agriculture Tax Exemption
			 Certificate by a person or entity other than the specified certificate
			 holder.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-1 - GENERAL PROVISIONS › Rule 40-30-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words or terms shall have the meaning set forth
				  herein when used in these rules and regulations.
(1) "Act" means the laws relating to Dealers
				in Agricultural Products, Article I of O.C.G.A.
				2-9.
(2) The term "Commissioner" as used in these
				regulations means the Georgia Commissioner of Agriculture or his designated
				agent.
(3) The term "Director"
				shall mean the officer who has been lawfully commissioned, appointed and
				delegated the authority by the Commissioner to administer the Act.
(4) "Agricultural products" includes fruits,
				vegetables, pecans, and cotton but does not include dairy products, tobacco,
				grains, eggs, and other basic farm crops.
(5) "Dealer in agricultural products" means
				any person, association, itinerant dealer, partnership, or corporation engaged
				in the business of buying, receiving, selling, exchanging, negotiating, or
				soliciting the sale, resale, exchange, or transfer of any agricultural products
				purchased from the producer or his or her agent or representative or received
				on consignment from the producer or his or her agent or representative or
				received to be handled on a net return basis from the producer. The term
				"dealer in agricultural products" also includes any person buying, selling,
				processing, or shelling pecan nuts, including any and every kind and variety of
				pecan nuts.
(6) "Producer" means
				any producer of agricultural products.
O.C.G.A.
				  2-9-1, et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-1 - GENERAL PROVISIONS › Rule 40-30-1-.02 - Applicability of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) These rules shall apply to any dealer in
				agricultural products who comes within the terms of the Act to engage in such
				business in the State of Georgia.
(2) These rules shall not apply to:
(a) Farmers or groups of farmers in the sale
				of agricultural products grown by themselves
(b) Persons who buy for cash, paying at the
				time of purchases in United States currency, certified check, cashier's check,
				electronic transfer of funds, wire transfer of fund, or the equivalent;
				or
(c) Holders of food sales
				establishment licenses issues pursuant to Article 2 of Chapter 2 of Title 26 of
				the Official Code of Georgia, "Georgia Food Act," who conduct no business at
				the wholesale level and who have fewer than ten (10) employees.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-1 - GENERAL PROVISIONS › Rule 40-30-1-.03 - Record Keeping

Current through Rules and Regulations filed through June 27, 2024
Any and all ledgers, books of accounts, memoranda, and other
				  documents which relate to dealer in agricultural products transactions shall be
				  kept and made available for examination by the Commissioner at the place or
				  places of business of the dealer in agricultural products applicant or
				  licensee.
O.C.G.A.
				  2-9-1, et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-2 - LICENSING › Rule 40-30-2-.01 - Eligibility

Current through Rules and Regulations filed through June 27, 2024
Every dealer in agricultural products as defined herein,
				  prior to transacting business within the State of Georgia, shall come under the
				  provisions of the Act by complying with the provisions of the Act and the rules
				  and regulations thereunder. Upon such compliance, any person may be issued a
				  license to operate as Dealer in Agricultural Products, as provided in such
				  license, unless such license is refused by the Commissioner as provided in
				  O.C.G.A. §
									2-9-7.
O.C.G.A.
				  2-9-1, et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-2 - LICENSING › Rule 40-30-2-.02 - Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) To qualify for
				a Dealer in Agricultural Products license, each applicant must submit or
				provide:
(a) the complete application for a
				Dealer in Agricultural Products license on a form furnished by the Commissioner
				which shall state:
(i) The kind or kinds of
				agricultural products the applicant proposes to handle;
(ii) The full name or title of the applicant
				or, if the applicant is an association or partnership, the name of each member
				of such association or partnership or, if the applicant is a corporation, the
				name of each officer of the corporation;
(iii) The names of the local agent or agents
				of the applicant, if any; and
(iv)
				The municipalities within which places of business of the applicant will be
				located, together with the street or mailing address of each such place of
				business.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-2 - LICENSING › Rule 40-30-2-.03 - Fees

Current through Rules and Regulations filed through June 27, 2024
(1) An annual
				licensing fee shall be required before a Dealer in Agricultural Products
				license is issued or renewed.
(2)
				The license fee for a dealer in agricultural products shall be based upon the
				amount of the agricultural dealer's surety bond furnished by each dealer
				pursuant to the requirements of the Act and rules and regulations thereunder as
				follows:
(a) For bonds in the amount of
				$10,000.00 to $90,000.00, the license fee is $50;
(b) For bonds in the amount of $90,000.01 to
				$230,000.00, the license fee is $75; and
(c) For bonds in the amount of $230,000.01 to
				$500,000.00, the license fee is $100.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-3 - BONDING › Rule 40-30-3-.01 - Dealer Bond

Current through Rules and Regulations filed through June 27, 2024
(1) Before any Dealer in Agricultural
				Products license is issued, the applicant shall make and deliver to the
				Commissioner a surety bond executed by a surety corporation authorized to
				transact business in this state and approved by the Commissioner.
(2) The surety bond shall be upon a form
				prescribed or approved by the Commissioner and shall be conditioned to secure
				the faithful accounting for and payment to producers or their agents or
				representatives of the proceeds of all agricultural products handled or sold by
				such dealer.
(4) Whenever the
				Commissioner shall determine that a previously approved bond has for any cause
				become insufficient, the Commissioner may require an additional bond or bonds
				to be given.
(5) Unless the
				additional bond or bonds are given within the time fixed by written demand
				therefor, or if the bond of a dealer is canceled, the license of such person
				shall be immediately revoked by operation of law without notice or hearing and
				such person shall be ineligible to reapply for such license for a period of
				four years after such revocation.
(6) In lieu of a surety bond, the
				Commissioner may accept a cash bond, which shall in all respects be subject to
				the same claims and actions as would exist against a surety bond.
O.C.G.A.
				  2-9-1, et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-30 - DEALERS IN AGRICULTURAL PRODUCTS › Subject 40-30-3 - BONDING › Rule 40-30-3-.02 - Amount of Bond

Current through Rules and Regulations filed through June 27, 2024
(1) The surety bond required pursuant to the
				Act and the rules and regulations therein shall be in an amount equal to the
				maximum amount of products purchased from or sold for Georgia producers or
				estimated to be purchased or sold in any month by the dealer in agricultural
				products.
(2) The minimum amount of
				such bond shall be $10,000.00 and the maximum amount of such bond shall be
				$230,000.00, except in the case of pecans for which the maximum amount of such
				bond shall be $500,000.00.
(3) In
				the event the maximum amount of products purchased from or sold for Georgia
				producers or estimated to be purchased or sold in any month by the dealer in
				agricultural products is less than $10,000.00, the required bond shall be in
				the amount of $10,000.00.
(4) In
				the event the maximum amount of products purchased from or sold for Georgia
				producers or estimated to be purchased or sold in any month by the dealer in
				agricultural products is greater than $230,000.00, the required bond shall be
				in the amount of $230,000.00.
(5)
				In the case of pecans only, in the event the maximum amount of products
				purchased from or sold for Georgia producers or estimated to be purchased or
				sold in any month by the dealer in agricultural products is greater than
				$500,000.00, said dealer shall provide a bond in the amount of
				$500,000.00.
O.C.G.A.
				  2-9-1, et.
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Chapter, the term:
(1) "Act" means the Georgia Soil Amendment
				Act of 1976, O.C.G.A. §
									2-12-70,
et seq.
,
				as amended.
(2) "Accredited
				laboratory" means a laboratory certified to ISO 17025 standards, or as
				otherwise approved by the Department.
(3) "Adulterated" means any soil amendment:
(a) Which contains any deleterious or harmful
				agent in sufficient quantity to be injurious to beneficial plants, animals, or
				aquatic life when applied in accordance with the directions for use shown on
				the label;
(b) Whose composition
				differs substantially from that offered in support of registration or shown on
				the label;
(c) Which contains
				noxious weed seeds; or
(d) Which
				contains domestic septage, unless:
1. treated
				to Class A or exceptional quality sludge standards in accordance with a sludge
				management plan approved under a permit issued by EPD, or
2. constituting compost produced by a Class
				I, II, or III composting or anaerobic digester facility in accordance with
				rules enforced by or a permit issued by EPD.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.02 - Prohibitions Applicable to All Soil Amendments

Current through Rules and Regulations filed through June 27, 2024
(1) A person must not register, distribute,
				or apply a soil amendment which contains any amount of non-agricultural
				biosolids or material collected by a grease trap associated with a
				food-production facility, such as but not limited to, a restaurant.
(2) A person must not distribute:
(a) An unregistered soil amendment;
(b) An unlabeled or improperly labeled soil
				amendment;
(c) A misbranded soil
				amendment; or
(d) An adulterated
				soil amendment.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.03 - Sampling and Analysis

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner or his duly designated
				agent is authorized to collect samples of a soil amendment upon demand without
				charge or cost from any public or private premises within this State where a
				soil amendment is manufactured, processed, packed, stored, distributed, held
				for distribution, applied, or held for application, and from any vehicle or
				container used to transport, hold, or apply a soil amendment. Any registrant,
				product control contractor, or landowner with control over a soil amendment
				must comply with the Commissioner's efforts to sample and analyze the soil
				amendment.
(2) The Commissioner may
				determine methods of sampling and analysis deemed suitable to assess compliance
				with the Act and this Chapter.
O.C.G.A. §§
											2-12-78,
				  2-12-80.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.04 - Registration and Renewal Requirements Applicable to All Soil Amendments

Current through Rules and Regulations filed through June 27, 2024
(1) Each prospective registrant of a soil
				amendment must submit a draft copy of the soil amendment's label to the
				Commissioner along with the registration request forms provided by the
				Department.
(2) In addition to
				information required to be submitted to the Department upon the Department's
				soil amendment registration request forms, the Commissioner or the
				Commissioner's duly appointed agent may require a prospective registrant to
				submit either proof of specific claims made for a proposed soil amendment, or,
				if no specific claims are made, proof of the soil amendment's usefulness and
				value.
(a) If the Commissioner or the
				Commissioner's duly appointed agent requires a prospective registrant to submit
				proof of specific claims or proof of usefulness and value, the applicant must
				furnish experimental data demonstrating the purported specific claims or
				usefulness and value of the prospective soil amendment.
1. The Commissioner may require that such
				experimental data have been developed from tests conducted under conditions
				identical to or closely related to those conditions present in this State. The
				Commissioner may reject experimental data not developed under such
				conditions.
2. The Commissioner may
				rely on the advice of University of Georgia College of Agricultural and
				Environmental Sciences experiment station personnel or other university
				personnel in evaluating experimental data on a proposed soil
				amendment.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.05 - Labeling

Current through Rules and Regulations filed through June 27, 2024
(1) Each soil amendment label must include
				the following:
(a) The product
				name;
(b) A statement of specific
				claims, or, if no specific claims are made, the soil amendment's
				value;
(c) The concentration of
				soil amending and other ingredients;
(d) Directions for use;
(e) The net weight or volume; and
(f) The name and address of the
				registrant.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-1 - GENERAL PROVISIONS › Rule 40-31-1-.06 - Tonnage Reports

Current through Rules and Regulations filed through June 27, 2024
(1) Any registrant who distributes a soil
				amendment in Georgia must file a semiannual report to the nearest whole ton
				with the Commissioner recording soil amendments distributed within Georgia in
				containers over 10 pounds in weight, and in bulk, and must submit the tonnage
				fee calculated at $0.30 per ton for the tonnage distributed to non-registrants.
				Registrants must report and calculate tonnage reports and the tonnage fee based
				on a soil amendment's weight at the time of delivery, and must include the
				weight of any liquid components. Registrants may not report and calculate
				tonnage reports and the tonnage fee on a dry weight basis. Each tonnage report
				must include the following:
(a) Registrant's
				name, address, telephone number, and email address;
(b) Name, title, and signature of
				registrant's representative;
(c)
				Total tonnage of each registered soil amendment distributed by the registrant
				during the semiannual period; and
(d) Total combined tonnage of all registered
				soil amendments distributed by the registrant during the semiannual
				period.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.01 - Applicability of Subject

Current through Rules and Regulations filed through June 27, 2024
(1) This Subject applies to all registrants,
				product control contractors, and landowners, as applicable, distributing,
				transporting, storing, and applying IBD soil amendments, except that the
				requirements set forth in Ga. Comp. R. and Regs. r.
				40-31-2-.03,
				40-31-2-.04,
				40-31-2-.05, and
				40-31-2-.06 of this Subject shall
				not apply to registrants, product control contractors, and landowners, as
				applicable, to the extent those parties distribute, transport, store, or apply
				IBD soil amendments:
(a) Constituting
				biosolids treated to Class A or exceptional quality sludge standards in
				accordance with a sludge management plan approved under a permit issued by
				EPD;
(b) Constituting compost
				produced by a Class I, II, or III composting or anaerobic digester facility in
				accordance with rules enforced by or a permit issued by EPD; or
(c) Constituting forest products or soil
				amendments derived from industrial by-products generated solely from forest
				products, excluding chemical by-products of pulp digestion, slates, clays,
				shells, gypsum, and lime.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.02 - Supplemental Registration and Renewal Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) A registrant must identify a prospective
				soil amendment as "derived from an industrial by-product" in the registration
				application if the soil amendment contains any amount of industrial by-product.
				In addition to generally applicable application requirements, the registrant of
				a prospective soil amendment derived from an industrial by-product must also
				submit the following as part of the registration request:
(a) The name and contact information of each
				person generating an industrial by-product proposed to be incorporated into the
				soil amendment and the address of the industrial by-product generation
				site;
(b) The SIC Code or NAICS
				Code of each industry from which each industrial by-product proposed to be
				incorporated into the soil amendment has been derived;
(c) A description of the industry process or
				processes producing each industrial by-product proposed to be incorporated into
				the soil amendment;
(d) A
				description of the intended use of the soil amendment that includes, but is not
				limited to, intended impacts on the properties of the soil to which the soil
				amendment is applied, crops supported by the application of the soil amendment,
				application rates of the soil amendment, and the intended frequency and timing
				of application;
(e) A description
				of any general site or application restrictions; and
(f) A current representative analysis of the
				soil amendment.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-31 - SOIL AMENDMENTS › Subject 40-31-2 - PROVISIONS APPLICABLE TO INDUSTRIAL BY-PRODUCT DERIVED SOIL AMENDMENTS › Rule 40-31-2-.03 - Control of Industrial By-product Derived Soil Amendments

Current through Rules and Regulations filed through June 27, 2024
(1) The registrant of an IBD soil amendment
				must distribute, store, transport, and apply the IBD soil amendment through the
				registrant's own action or pursuant to a written agreement with one or more
				product control contractors for the distribution, storage, transport, or
				application of the registrant's soil amendment.
(2) If a registrant utilizes one or more
				product control contractors for the distribution, storage, transportation, or
				land application of an IBD soil amendment, then the registrant must ensure the
				following:
(a) That each product control
				contractor is under written agreement to comply with the provisions of the Act
				and this Chapter;
(b) That each
				product control contractor possesses the necessary knowledge, skills, and
				equipment to comply with the provisions of the Act and this Chapter;
(c) That each product control contractor is
				directed by the registrant as an agent of the registrant;
(d) That each product control contractor is
				audited by the registrant at least twice per calendar year for operational
				compliance with the Act and this Chapter during the duration of the written
				agreement; and
(e) That if the
				product control contractor utilizes a subcontractor, that the product control
				contractor does so pursuant to a written agreement that requires the
				subcontractor operate by the same standards required of the product control
				contractor pursuant to this Chapter.