O.C.G.A. § 2-7-158 (2019)
Penalties
(a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court.
(b) Any cotton grower or the first handler of cotton from a cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre or $12.50 per bale, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization.
(c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his or her property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action.
History
(Code 1981, § 2-7-158, enacted by Ga. L. 1985, p. 1079, § 1; Ga. L. 1991, p. 452, § 3; Ga. L. 1998, p. 1123, § 4; Ga. L. 2009, p. 439, § 3/SB 43.)
Annotations
Cross references. - Preservation of forest resources and other plant life generally, T. 12, C. 6. Authority of Commissioner to quarantine animals bearing res-
‘‘Feral hog’’ defined. Transport of live feral hogs; permit required. Commingling feral hogs with domestic swine prohibited. Penalty for violation. Promulgation of rules and regulations.
idue of pesticides, insecticides, and other chemicals, § 26-2-150 et seq. Persons engaged in structural pest control, T. 43, C. 45.
ARTICLE 1 GENERAL PROVISIONS
Code Commission notes. - Ga. L. 1937, p. 659 § 19, which forms the basis for this article, reads as follows: ‘‘It is hereby declared to be the purpose of this Act to repeal and supersede all previous
legislation upon the subject of the State Entomologist, his powers, duties and functions with respect to injurious insects, plant diseases and other kindred subjects formerly placed under his control, and
PLANT DISEASE, PEST CONTROL, & PESTICIDES
supervision, (with the exception of the Act approved March 28, 1935 (Ga. Laws 1935, page 461) relating to the fraudulent sale of plants), to repeal and supplant all chapters and sections referred to and to be considered as exhaustive of the subject of the powers, duties and functions of the State Entomologist with respect to the aforesaid subjects.’’
Administrative rules and regulations. - Entomology and plant industry, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of the Georgia Department of Agriculture, Chapter 40-4.
OPINIONS OF THE ATTORNEY GENERAL Commissioner empowered to delegate authority to sign checks. - The director of entomology (now Commis-
sioner) has the power to delegate to an assistant the authority to sign checks. 1954-56 Op. Att’y Gen. p. 4.
RESEARCH REFERENCES ALR. - Exterminator’s tort liability for personal injury or death directly resulting from operations, 29 A.L.R.4th 987.