Section 7. Plant Disease, Pest Control, and Pesticides, 2-7-1 through 2-7-204.
ARTICLE 5
BOLL WEEVIL ERADICATION
2-7-152. Definitions.
As used in this article, the term:
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"Bale" means a running bale of cotton averaging 500 pounds.
(1.1) "Boll weevil" means Anthonomus grandis Boheman in any stage of development.
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"Certificate" means a document issued by the Commissioner certifying that a regulated article is free of the boll weevil.
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"Commissioner" means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act in his or her behalf.
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"Department" means the Georgia Department of Agriculture.
(4.1) "First handler" means that person who owns or operates the gin where cotton is first delivered from the cotton grower.
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"Host" means any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle.
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"Infested" means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infestation exists.
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"Noncommercial cotton" means cotton intended for purposes other than processing.
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"Permit" means a document issued or authorized by the Commissioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing.
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"Person" means an individual, corporation, company, society, association, or other business entity.
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"Regulated article" means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner.
(Code 1981, §2-7-152, enacted by Ga. L. 1985, p. 1079, § 1; Ga. L. 1998, p. 1123, § 1; Ga. L. 2009, p. 439, § 1/SB 43.)
Editor's notes.
- Ga. L. 1998, p. 1123,
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5, not codified by the General Assembly, provides that:
"This Act is not severable.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the other sections, subsections, sentences, clauses, or phrases of this Act shall automatically be repealed and Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated in effect immediately prior to the enactment of this Act is reenacted as of such date as if this Act had not been enacted.
The General Assembly declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."