Section 7. Plant Disease, Pest Control, and Pesticides, 2-7-1 through 2-7-204.
ARTICLE 3
USE AND APPLICATION OF PESTICIDES
2-7-103. Evidence of financial responsibility required; amount of bond, insurance, or cash deposit; notice of reduction or cancellation.
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Required. The Commissioner shall not issue a pesticide contractor's license until the applicant has furnished evidence of financial responsibility with the Commissioner, consisting either of a surety bond, a liability insurance policy, or a cash deposit or certification thereof, protecting persons who may suffer legal damages as a result of the operation of the applicant, provided that such surety bond, liability insurance policy, or cash deposit need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant.
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Amount; notice of reduction or cancellation by surety or insurer. The amount of surety bond, liability insurance, or cash deposit provided for in this Code section shall be set by regulation. Such surety bond, liability insurance, or cash deposit shall be maintained at not less than the minimum set by regulation at all times during the license period. The Commissioner shall be notified ten days prior to any reduction made at the request of the applicant or any cancellation of such surety bond or liability insurance by the surety or insurer. The total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy or cash deposit. The Commissioner may accept a liability insurance policy, surety bond, or cash deposit in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial contractors and $500.00 for all other contractors, for the total amount of liability insurance, surety bond, or cash deposit required, provided that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner, unless such applicant furnishes the Commissioner with a surety bond, liability insurance, or cash deposit which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. In the event that any contractor has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misuse of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed.
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Personal liability for damage. Nothing in this article shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the Commissioner.
(Ga. L. 1972, p. 849, § 10; Ga. L. 1974, p. 1189, §§ 1, 2; Ga. L. 1976, p. 369, § 12; Ga. L. 1980, p. 749, § 3.)
JUDICIAL DECISIONS
"Legal damages" construed.
- "Legal damages" as referred to in subsection (a) of O.C.G.A.
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2-7-103 include damages arising from the use of aircraft utilized in the application of pesticides, where the use of that aircraft leads to the injury of an employee of the insured. Kelly v. Lloyd's of London, 255 Ga. 291, 336 S.E.2d 772 (1985).
Section prevails over insurance contract.
- Any terms in an insurance contract which conflict with O.C.G.A.
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2-7-103 are void and will be superseded by the provisions of that section. Kelly v. Lloyd's of London, 255 Ga. 291, 336 S.E.2d 772 (1985).
RESEARCH REFERENCES
Am. Jur. 2d.
- 61C Am. Jur. 2d, Pollution Control,
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1799 et seq.
