O.C.G.A.

O.C.G.A. § 2-11-77 (2019)

Rules and regulations

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Pursuant to Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article.

History

Code 1981, § 2-11-77, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3.

CHAPTER 12 FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS Sec.

Article 1 Fertilizers Sec.

Short title. Definitions. Commissioner to administer article. Licensing requirements generally; fees; renewal; contents. Nonresident licensees. Labeling of fertilizer. Inspection of fertilizer; methods of sampling and analysis; distribution of results. Inspection fees; quarterly report; collection penalty; effect of failure to file report and pay assessment. Penalties for plant food deficiencies; time for payment; effect of failure to pay; alteration of content of fertilizer by recipient. Distribution of misbranded fertilizer prohibited; when misbranded. Distribution of adulterated fertilizer prohibited; when adulterated. Determination of value of ingredients; prohibition of use or deletion from label. Short weight penalty; adjustment of invoice. Exchange between licensees not restricted. Adoption, enforcement, and promulgation of rules and regulations generally; sharing of information. Revocation or denial of license; cancellation or refusal of registration. Stop sale, stop use, or removal orders. Seizure, condemnation, and disposition of nonconforming fertilizer.

Injunctions. Notice of violations; administrative hearing; penalty for violation; prosecution. Local regulation prohibited. Article 2 Liming Materials

Short title. Definitions. Administration of article. Licenses required; application, annual renewal, fees, revocation; registration of products; application, fees, cancellation. Semiannual tonnage statements. Labeling requirements. Analysis and sampling by Commissioner. Sale of noncomplying or toxic material prohibited. Penalties for deficient materials. Rules and regulations; sharing of information. Notice and prosecution of violations; hearings; penalty. Article 3 Soil Amendments

Short title. Definitions. Commissioner to administer article. Registration required; proof of claims or value; fee. Refusal or revocation of registration. Semiannual reports to be filed; failure to file or false filing as ground for registration revocation. Labeling requirements. When soil amendment deemed misbranded.

Sec.

Inspection, sampling, and analysis. Prohibited acts. Promulgation and adoption of rules and regulations; sharing of information. Stop sale, use, and removal orders. Injunctions. Penalties.

Article 4 Horticultural Growing Media

Annotations

Cross references. - Exemption of commercial fertilizers from property taxation, § 48-5-43.

Editor's notes. - Ga. L. 1997, p. 1271, § 1, effective July 1, 1997, repealed the Code sections formerly codified at this article and enacted the current article. The former article, relating to the Georgia Plant Food Act of 1989, consisted of Code Sections 2-12-1 through 2-12-21, and was based on Ga. L. 1960, p. 916, §§ 1-8, 10, 11, 14-21, 24; Ga. L. 1970, p. 609, §§ 1-10, 12-20, 22; Ga. L. 1978, p. 218 §§ 1-3; Ga. L. 1980, p. 1150, §§ 1-4, 6; Ga. L. 1982, p. 3, § 2; Ga. L. 1989, p. 473, § 1; Ga. L. 1990, p. 8, § 2; Ga. L. 1996, p. 841, § 1.

Administrative Rules and Regulations. - Fertilizers, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Agriculture, Chapter 40-6.

RESEARCH REFERENCES

Am. Jur. 2d. - 3 Am. Jur. 2d, Agriculture, § 52.

C.J.S. - 3 C.J.S., Agriculture, § 93 et seq.