Georgia Commons

Title 2. AGRICULTURE

Chapter 7. PLANT DISEASE, PEST CONTROL, AND PESTICIDES

105 sections · 2-7-1 to 2-7-204

Article 1. GENERAL PROVISIONS

  1. 2-7-1Short title.
  2. 2-7-2Definitions.
  3. 2-7-3Division of Entomology established.
  4. 2-7-4Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized.
  5. 2-7-5Duty of Commissioner generally.
  6. 2-7-6Publication of information and advice.
  7. 2-7-7Cooperative agreements.
  8. 2-7-8Purchases and expenditures.
  9. 2-7-9Investigations authorized; employment of experts; rental, lease, or purchase of land.
  10. 2-7-10Inspection of plants and other things capable of disseminating or carrying plant pests.
  11. 2-7-11Nursery inspections; rules governing nursery stock and plants in transit.
  12. 2-7-12Treatment, cutting, or destruction of infested trees, plants, or other things or substances.
  13. 2-7-13Interception and inspection of plants, plant products, or other things or substances in transit; disposition.
  14. 2-7-14Demand for information; penalty.
  15. 2-7-15Declaration of public nuisance authorized.
  16. 2-7-16Notice of declaration of nuisance; prescription of treatment; right of appeal.
  17. 2-7-17Treatment of nuisance by department where owner fails to act; lien for expenses; compensation not allowed.
  18. 2-7-18Judicial proceeding where owner refuses to act or to permit Commissioner to act; expenses and court costs.
  19. 2-7-19Investigation on citizens’ complaint; notice to owner; treatment or destruction of affected plants or other things or substances; costs.
  20. 2-7-20Declaration of quarantine; violation unlawful.
  21. 2-7-21Registration of certain growers.
  22. 2-7-22Assessment of costs.
  23. 2-7-23Promulgation of rules and regulations; publication thereof.
  24. 2-7-24Administrative review of rules and notices.
  25. 2-7-25Required compliance with article and rules.
  26. 2-7-26Importation of injurious insect or plant disease without permit prohibited.
  27. 2-7-27Report of violations; investigation and disposition.
  28. 2-7-28Act of agent imputed to principal.
  29. 2-7-29Enforcement of article generally; criminal proceedings; subpoena powers.
  30. 2-7-30Injunctions; violations declared public nuisances.
  31. 2-7-31Penalty.

Article 2. CONTROL OF PESTICIDES

  1. 2-7-50Short title.
  2. 2-7-51Purpose of article; legislative findings.
  3. 2-7-52Definitions.
  4. 2-7-53Meaning of ‘‘misbranded.’’
  5. 2-7-54Commissioner to administer article.
  6. 2-7-55Registration required; exceptions; contents of application; fees; renewal; special local needs.
  7. 2-7-56Issuance of experimental use permits; terms; revocation or modification.
  8. 2-7-57Licensing of restricted use pesticide dealers required; application; fees; responsibility of dealer.
  9. 2-7-58Denial, suspension, or revocation of license, registration, or permit.
  10. 2-7-59Grounds for denial, suspension, or cancellation of registration of pesticides formulated to meet local needs or for seeking legal recourse against them; notice and hearing; judicial review.
  11. 2-7-60Subpoena powers.
  12. 2-7-61Records to be kept; access by Commissioner; confidentiality.
  13. 2-7-62Prohibited acts; exemptions.
  14. 2-7-63Powers of Commissioner generally; rules and regulations.
  15. 2-7-64Delegation of duties.
  16. 2-7-65Cooperation with federal and state agencies; grants-in-aid.
  17. 2-7-66Disposition of funds.Repealed
  18. 2-7-67Publication of information.
  19. 2-7-68Designation of trade secrets by applicant; protection from public disclosure; notification of proposed release; declaratory judgment.
  20. 2-7-69Sampling and inspections authorized; notice of contemplated proceedings; search warrants; duty of enforcement; injunctions; written warnings authorized for minor violations.
  21. 2-7-70Stop sale, use, or removal order.
  22. 2-7-71Judicial actions after stop sale, use, or removal order generally; injunctions; condemnation; disposition of condemned pesticide or device; costs and expenses.
  23. 2-7-72Effect of article on certain other laws.
  24. 2-7-73Penalties.

Article 3. USE AND APPLICATION OF PESTICIDES

  1. 2-7-90Short title.
  2. 2-7-91Purpose of article; legislative findings.
  3. 2-7-92Definitions.
  4. 2-7-93Commissioner to administer article; appointment of Pesticide Advisory Board.
  5. 2-7-94Delegation of duties.
  6. 2-7-95Publication of information; instruction.
  7. 2-7-96Cooperative agreements; grants-in-aid.
  8. 2-7-97Promulgation of rules and regulations authorized; notice and hearing; restricted use pesticide classifications and state restricted pesticide uses; declaration of pests; reports to Environmental Protection Agency.
  9. 2-7-98Classification of certifications and licenses; standards for certification of applicators.
  10. 2-7-99Licensing requirements; applications; issuance; fees; renewal.
  11. 2-7-100Reciprocal examination waiver.
  12. 2-7-101Renewals of licenses, permits, or certifications; penalty for late renewals.
  13. 2-7-102Grounds for denial, suspension, revocation, or modification of license, permit, or certification.
  14. 2-7-103Evidence of financial responsibility required; amount of bond, insurance, or cash deposit; notice of reduction or cancellation.
  15. 2-7-104Records to be kept; inspection thereof.
  16. 2-7-105Equipment inspection; requirement of repairs or other changes.
  17. 2-7-106Transportation, storage, and disposal of pesticides and pesticide containers.
  18. 2-7-107Inspections; search warrants; injunctions.
  19. 2-7-108Subpoena powers.
  20. 2-7-109Judicial review of Commissioner’s actions.
  21. 2-7-110Reports of pesticide accidents; claim of damage; notification; inspection; effect of failure to file; failure to permit observation as bar to claim.
  22. 2-7-111Applicability of article to governmental entities; liability of such entities.
  23. 2-7-112Exemptions from article.
  24. 2-7-113Effect of article on certain other laws.
  25. 2-7-113.1Local regulation of pesticides prohibited; variances from rule or regulation of Commissioner of Agriculture.
  26. 2-7-114Penalties.

Article 4. PEST CONTROL COMPACT

  1. 2-7-130Enactment; text of compact.
  2. 2-7-131Cooperation with insurance fund.
  3. 2-7-132Filing of compact bylaws and amendments.
  4. 2-7-133Compact administrator.
  5. 2-7-134Request or application for assistance from insurance fund.
  6. 2-7-135Appropriation of funds; receipt and expenditure of payments.
  7. 2-7-136‘‘Executive head’’ defined.

Article 5. BOLL WEEVIL ERADICATION

  1. 2-7-150Short title.
  2. 2-7-151Declaration of purpose.
  3. 2-7-152Definitions.
  4. 2-7-153Administration and enforcement by Commissioner.
  5. 2-7-154Powers of Commissioner.
  6. 2-7-155Certification of cotton growers’ organization by Commissioner; effect of certification; powers of organization; liability.
  7. 2-7-156Assessment for suppression and eradication programs; conditions.
  8. 2-7-156.1Assessment Advisory Committee created; composition; eligibility of members; duties.Repealed
  9. 2-7-157Prohibited activities.
  10. 2-7-158Penalties.

Article 6. LIABILITY FOR USE OF FERTILIZERS, PLANT GROWTH REGULATORS, OR PESTICIDES

  1. 2-7-170Liability resulting from use or application of fertilizer, plant growth regulator, or pesticide; previous orders issued by Department of Agriculture and Department of Natural Resources; strict tort liability against product manufacturers.
  2. 2-7-171Deemed sufficiency of pesticide warning labels; exceptions.

Article 7. FERAL HOGS

  1. 2-7-200‘‘Feral hog’’ defined.
  2. 2-7-201Transport of live feral hogs; permit required.
  3. 2-7-202Commingling feral hogs with domestic swine prohibited.
  4. 2-7-203Penalty for violation.
  5. 2-7-204Promulgation of rules and regulations.