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O.C.G.A. § 2-7-63 — Powers of Commissioner generally; rules and regulations | Georgia Code
O.C.G.A. § 2-7-63 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 2 AGRICULTURE

Section 7. Plant Disease, Pest Control, and Pesticides, 2-7-1 through 2-7-204.

ARTICLE 2 CONTROL OF PESTICIDES

2-7-63. Powers of Commissioner generally; rules and regulations.

  1. The Commissioner is authorized, after due notice and an opportunity for a hearing:
    1. To declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals) which is injurious to health or the environment;
    2. To determine whether pesticides registered under the authority of Section 24(c) of FIFRA are highly toxic to man. The regulations promulgated by the Environmental Protection Agency pursuant to Section 25(c)(2) of FIFRA, as issued or as hereafter amended, shall govern the Commissioner's determinations; and
    3. To determine pesticides and quantities of substances contained in pesticides registered for special local needs which are injurious to the environment. The Commissioner shall be guided by Environmental Protection Agency regulations in this determination.
  2. The Commissioner is authorized, after due notice and a public hearing as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to make appropriate regulations, where such regulations are necessary for the enforcement and administration of this article, including but not limited to regulations providing for:
    1. The collection, examination, and reporting of samples of pesticides or devices pursuant to subsection (a) of Code Section 2-7-69;
    2. The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;
    3. Labeling requirements for all pesticides required to be registered under this article, provided that such regulations shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to FIFRA;
    4. The specification of classes of devices which shall be subject to paragraph (1) of Code Section 2-7-53;
    5. The determination of which pesticides with restricted uses may be distributed only by licensed restricted use pesticide dealers;
    6. The requirement that any pesticide registered for special local needs should be colored or discolored, if he determines that such requirement is feasible and is necessary for the protection of health and the environment. Such regulations shall be consistent with regulations promulgated by the Environmental Protection Agency pursuant to Section 25(c)(5) of FIFRA; and
    7. The establishment of standards for the packages, containers, and wrappings of pesticides registered for special local needs. Such regulations shall be consistent with the regulations promulgated by the Environmental Protection Agency pursuant to Section 25(c)(3) of FIFRA.
  3. For the purpose of uniformity of requirements between the states and the federal government, the Commissioner, after a public hearing, may adopt regulations in conformity with the primary pesticide standards, particularly as to labeling, registration requirements, and issuance of experimental use permits, established by the Environmental Protection Agency or other federal or state agencies.

(Ga. L. 1950, p. 390, § 5; Ga. L. 1976, p. 282, § 10.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "Section" was substituted for "section" in two places in paragraph (a)(2) and in paragraphs (b)(6) and (b)(7).

U.S. Code.

- Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in paragraph (a)(2) of this section, is codified at 7 U.S.C. § 136v(c).

Section 25(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in paragraph (a)(2) of this Code section, is codified at 7 U.S.C. § 136w(c)(2).

Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in paragraph (b)(6) of this Code section, is codified at 7 U.S.C. § 136w(c)(5).

Section 25(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in paragraph (b)(7) of this Code section, is codified at 7 U.S.C. § 136w(c)(5).

RESEARCH REFERENCES

ALR.

- Mistake as to chemical or product furnished or misdescription thereof by label or otherwise as basis of liability for personal injury or death resulting from combination with other chemical, 123 A.L.R. 939.

Cases Citing O.C.G.A. § 2-7-63

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.