2018 Georgia Code Annotated

TITLE 2 AGRICULTURE

Chap.

• 1. General Provisions, 2-1-1 through 2-1-6.
• 2. Department of Agriculture, 2-2-1 through 2-2-13.
• 3. Georgia Agricultural Exposition Authority, 2-3-1 through 2-3-15.
• 4. Georgia Seed Development Commission, 2-4-1 through 2-4-10.
• 5. Registration, Licenses, and Permits Generally, 2-5-1 through 2-5-8.
• 6. Soil and Water Conservation, 2-6-1 through 2-6-52.
• 7. Plant Disease, Pest Control, and Pesticides, 2-7-1 through 2-7-204.
• 8. Agricultural Commodities Promotion, 2-8-1 through 2-8-135.
• 8A. Emerging Crops Fund Act, 2-8A-1 through 2-8A-7.
• 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.
• 10. Marketing Facilities, Organizations, and Programs, 2-10-1 through 2-10-140.
• 11. Seeds and Plants, 2-11-1 through 2-11-77.
• 12. Fertilizers, Liming Materials, and Soil Amendments, 2-12-1 through 2-12-110.
• 13. Commercial Feeds, 2-13-1 through 2-13-23.
• 14. Sale of Agricultural and Forest Products, 2-14-20 through 2-14-153.
• 15. Pacific White Shrimp Aquaculture Development, 2-15-1 through 2-15-14.
• 16. Action for Disparagement of Perishable Food Products or Commodities, 2-16-1 through 2-16-4.
• 17. Georgia State Nutrition Assistance Program (SNAP), 2-17-1 through 2-17-6.
• 18. Georgia Tobacco Community Development Board, 2-18-1 through 2-18-6.
• 19. Georgia Cotton Producers Indemnity Fund, 2-19-1 through 2-19-8.
• 20. Southern Dairy Compact, 2-20-1 through 2-20-5.
• 21. Organic Certification and Labeling, 2-21-1 through 2-21-8.
• 22. Poultry Contract Growers or Producers, 2-22-1 through 2-22-5.

Chapter 1. General Provisions, 2-1-1 through 2-1-6.

• 2-1-1. Definitions.
• 2-1-1.1. Policy of state to promote sustainable agriculture.
• 2-1-2. Verification of certain licenses by inspectors.
• 2-1-3. Sales of farm products, plants, and seed on Sunday.
• 2-1-4. Anti-siphon devices for irrigation systems; rules and regulations as to such devices; hearings on violations; administrative and judicial review; filing of final order; payment of penalty.
• 2-1-5. Annual license fee for grain dealers, commercial feed dealers, grain warehousemen, and qualified agricultural producers; retention of funds.
• 2-1-6. Preemption of local ordinances relating to production of agricultural or farm products.

Chapter 2. Department of Agriculture, 2-2-1 through 2-2-13.

• 2-2-1. Department of Agriculture established.
• 2-2-2. Commissioner of Agriculture - Qualifications; election; location of office.
• 2-2-3. Commissioner of Agriculture - Term of office; removal.
• 2-2-4. Commissioner of Agriculture - Salary and expenses; compensation of employees.
• 2-2-5. Commissioner of Agriculture - Bond.
• 2-2-6. Commissioner of Agriculture - Acceptance of cash, etc., in lieu of bond.
• 2-2-7. Commissioner of Agriculture - Powers and duties.
• 2-2-8. Educational exhibits promoting state resources at agricultural fairs authorized.
• 2-2-8.1. Contributions for Farmers and Consumers Market Bulletin and Poultry Market News.
• 2-2-9. Rules and regulations.
• 2-2-9.1. "Aggrieved or adversely affected" defined; administrative authority of Commissioner; hearing for individuals adversely affected; penalties; final decisions; judicial review of final decisions.
• 2-2-10. Imposition of penalty authorized in lieu of other action; funding to general treasury.
• 2-2-11. Inspection warrants.
• 2-2-12. Assistance to United States Department of Agriculture in inspection, certification, and identification of agricultural products and collection of fees.
• 2-2-13. Enforcement of laws and rules within jurisdiction of Commissioner; employment of investigators.

Chapter 3. Georgia Agricultural Exposition Authority, 2-3-1 through 2-3-15.

• 2-3-1. Short title.
• 2-3-2. Definitions.
• 2-3-3. Creation of authority; membership; vacancies; compensation and reimbursement; record keeping.
• 2-3-4. Purpose and general business of authority.
• 2-3-5. Powers of authority generally.
• 2-3-6. Public purpose of authority; tax and assessment exemptions.
• 2-3-7. Exercise of police powers by authority.
• 2-3-8. Authorization for security force.
• 2-3-9. Receipts deemed trust funds.
• 2-3-10. Setting rentals and other charges.
• 2-3-11. Legal services of Attorney General.
• 2-3-12. Venue and jurisdiction for actions under chapter or against authority.
• 2-3-13. Conflict of interest; full disclosure.
• 2-3-14. Power of authority to issue revenue bonds.
• 2-3-15. Authorization for department construction and acquisition of projects.

Chapter 4. Georgia Seed Development Commission, 2-4-1 through 2-4-10.

• 2-4-1. Short title.
• 2-4-2. Seed Development Commission - Creation; corporate powers.
• 2-4-3. Seed Development Commission - Composition; officers; bylaws; quorum; compensation; records; audit; bonds.
• 2-4-4. Seed Development Commission - Powers and duties generally.
• 2-4-5. Seed Development Commission - Purchase contracts.
• 2-4-6. Seed Development Commission - Operation on nonprofit basis.
• 2-4-7. Advisory board created; members; function.
• 2-4-8. Terms of office of appointed members of commission and board.
• 2-4-9. Conveyance of state property to commission; consideration; reversion for nonuse.
• 2-4-10. Debt or pledge of credit of state not authorized.

Chapter 5. Registration, Licenses, and Permits Generally, 2-5-1 through 2-5-8.

• 2-5-1. Short title.
• 2-5-2. Applicability of chapter.
• 2-5-3. Applications - Designation of address or agent for service of process; forwarding to Secretary of State.
• 2-5-4. Applications - Admission that applicant is doing business in state.
• 2-5-4.1. Applications - Form of submission; payment of fees.
• 2-5-5. Grounds for denial of registration, license, or permit; hearing.
• 2-5-6. Grounds for revocation; hearing.
• 2-5-7. Registration, license, or permit certificates as evidence thereof; republication and reissuance unnecessary.
• 2-5-8. Rules and regulations.

Chapter 6. Soil and Water Conservation, 2-6-1 through 2-6-52.

Article 1 Soil Conservation Generally.

• 2-6-1. Short title.
• 2-6-2. Purpose of article; legislative findings; acceptance of federal Soil Conservation and Domestic Allotment Act.
• 2-6-3. Definitions.
• 2-6-4. Designation of state agency.
• 2-6-5. Formulation and administration of state plans; investigations.
• 2-6-6. Receipt and disbursement of funds; accounts; auditing; bonds.
• 2-6-7. Assistance of other agencies and associations; rules and regulations; lease or purchase of equipment, facilities, and supplies; employment of personnel.
• 2-6-8. Reports; investigations.
• 2-6-9. Community associations; community and county committees.
• 2-6-10. State advisory board.

Article 2 Soil and Water Conservation Districts.

• 2-6-20. Short title.
• 2-6-21. Legislative determinations and declarations of policy.
• 2-6-22. Definitions.
• 2-6-23. State Soil and Water Conservation Commission - Established; composition; terms of office; ex officio advisers; seal; rules and regulations.
• 2-6-24. State Soil and Water Conservation Commission - Chairperson; quorum; compensation; surety bonds; records; audits.
• 2-6-25. State Soil and Water Conservation Commission - Employment of administrative officer, experts, agents, and employees; legal services; delegation of powers and duties; furnishing of information; agency cooperation.
• 2-6-26. State Soil and Water Conservation Commission - Merit and retirement systems for employees.
• 2-6-27. State Soil and Water Conservation Commission - Additional duties and powers.
• 2-6-28. Number and boundaries of soil and water conservation districts; alteration of existing districts or formation of new districts.
• 2-6-29. District supervisors - Number; appointment, qualifications, and terms of appointive supervisors; county basis of election of elected supervisors.
• 2-6-30. District supervisors - Election procedure for elected supervisors.
• 2-6-31. District supervisors - Chairman; terms of office of elected supervisors; filling vacancies; quorum; compensation and expenses.
• 2-6-32. District supervisors - Services of county agricultural agents; employees and agents; copies of rules, orders, and other documents; surety bonds; removal of supervisor; consultation.
• 2-6-33. Powers of districts and supervisors; prerequisites to exercise.
• 2-6-34. Conditions to extending benefits or performing work.
• 2-6-35. Land use regulations - Adoption authorized; public hearings.
• 2-6-36. Land use regulations - Referendum.
• 2-6-37. Land use regulations - Provisions authorized; uniformity required; availability of copies.
• 2-6-38. Land use regulations - Binding effect.
• 2-6-39. Land use regulations - Inspections to determine observance; petition; judicial proceedings; costs and expenses.
• 2-6-40. Land use regulations - Amendment or repeal.
• 2-6-41. Right of eminent domain for small watershed project; conditions precedent; procedure.
• 2-6-42. Cooperation between districts.
• 2-6-43. State agencies to cooperate with districts and observe land use regulations.
• 2-6-44. Exemption from taxation.
• 2-6-45. Discontinuance of district - Petition of landowners; hearings.
• 2-6-46. Discontinuance of district - Referendum.
• 2-6-47. Discontinuance of district - Publication of referendum results; determination of feasibility of continuance.
• 2-6-48. Discontinuance of district - Certification from committee; termination of affairs; application for dissolution; certificate of dissolution.
• 2-6-49. Discontinuance of district - Effect of dissolution.
• 2-6-50. Discontinuance of district - Frequency of discontinuance attempts.
• 2-6-51. District not liable for loss, damage, injury, or death.
• 2-6-52. Creation of Agricultural Water Conservation Incentive Program; purpose; participation; funding.

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

Article 1 General Provisions.

• 2-7-1. Short title.
• 2-7-2. Definitions.
• 2-7-3. Division of Entomology established.
• 2-7-4. Commissioner of Agriculture as ex officio state entomologist; designation of chief entomologist authorized.
• 2-7-5. Duty of Commissioner generally.
• 2-7-6. Publication of information and advice.
• 2-7-7. Cooperative agreements.
• 2-7-8. Purchases and expenditures.
• 2-7-9. Investigations authorized; employment of experts; rental, lease, or purchase of land.
• 2-7-10. Inspection of plants and other things capable of disseminating or carrying plant pests.
• 2-7-11. Nursery inspections; rules governing nursery stock and plants in transit.
• 2-7-12. Treatment, cutting, or destruction of infested trees, plants, or other things or substances.
• 2-7-13. Interception and inspection of plants, plant products, or other things or substances in transit; disposition.
• 2-7-14. Demand for information; penalty.
• 2-7-15. Declaration of public nuisance authorized.
• 2-7-16. Notice of declaration of nuisance; prescription of treatment; right of appeal.
• 2-7-17. Treatment of nuisance by department where owner fails to act; lien for expenses; compensation not allowed.
• 2-7-18. Judicial proceeding where owner refuses to act or to permit Commissioner to act; expenses and court costs.
• 2-7-19. Investigation on citizens' complaint; notice to owner; treatment or destruction of affected plants or other things or substances; costs.
• 2-7-20. Declaration of quarantine; violation unlawful.
• 2-7-21. Registration of certain growers.
• 2-7-22. Assessment of costs.
• 2-7-23. Promulgation of rules and regulations; publication thereof.
• 2-7-24. Administrative review of rules and notices.
• 2-7-25. Required compliance with article and rules.
• 2-7-26. Importation of injurious insect or plant disease without permit prohibited.
• 2-7-27. Report of violations; investigation and disposition.
• 2-7-28. Act of agent imputed to principal.
• 2-7-29. Enforcement of article generally; criminal proceedings; subpoena powers.
• 2-7-30. Injunctions; violations declared public nuisances.
• 2-7-31. Penalty.

Article 2 Control of Pesticides.

• 2-7-50. Short title.
• 2-7-51. Purpose of article; legislative findings.
• 2-7-52. Definitions.
• 2-7-53. Meaning of "misbranded."
• 2-7-54. Commissioner to administer article.
• 2-7-55. Registration required; exceptions; contents of application; fees; renewal; special local needs.
• 2-7-56. Issuance of experimental use permits; terms; revocation or modification.
• 2-7-57. Licensing of restricted use pesticide dealers required; application; fees; responsibility of dealer.
• 2-7-58. Denial, suspension, or revocation of license, registration, or permit.
• 2-7-59. Grounds for denial, suspension, or cancellation of registration of pesticides formulated to meet local needs or for seeking legal recourse against them; notice and hearing; judicial review.
• 2-7-60. Subpoena powers.
• 2-7-61. Records to be kept; access by Commissioner; confidentiality.
• 2-7-62. Prohibited acts; exemptions.
• 2-7-63. Powers of Commissioner generally; rules and regulations.
• 2-7-64. Delegation of duties.
• 2-7-65. Cooperation with federal and state agencies; grants-in-aid.
• 2-7-66. Disposition of funds [Repealed].
• 2-7-67. Publication of information.
• 2-7-68. Designation of trade secrets by applicant; protection from public disclosure; notification of proposed release; declaratory judgment.
• 2-7-69. Sampling and inspections authorized; notice of contemplated proceedings; search warrants; duty of enforcement; injunctions; written warnings authorized for minor violations.
• 2-7-70. Stop sale, use, or removal order.
• 2-7-71. Judicial actions after stop sale, use, or removal order generally; injunctions; condemnation; disposition of condemned pesticide or device; costs and expenses.
• 2-7-72. Effect of article on certain other laws.
• 2-7-73. Penalties.

Article 3 Use and Application of Pesticides.

• 2-7-90. Short title.
• 2-7-91. Purpose of article; legislative findings.
• 2-7-92. Definitions.
• 2-7-93. Commissioner to administer article; appointment of Pesticide Advisory Board.
• 2-7-94. Delegation of duties.
• 2-7-95. Publication of information; instruction.
• 2-7-96. Cooperative agreements; grants-in-aid.
• 2-7-97. Promulgation of rules and regulations authorized; notice and hearing; restricted use pesticide classifications and state restricted pesticide uses; declaration of pests; reports to Environmental Protection Agency.
• 2-7-98. Classification of certifications and licenses; standards for certification of applicators.
• 2-7-99. Licensing requirements; applications; issuance; fees; renewal.
• 2-7-100. Reciprocal examination waiver.
• 2-7-101. Renewals of licenses, permits, or certifications; penalty for late renewals.
• 2-7-102. Grounds for denial, suspension, revocation, or modification of license, permit, or certification.
• 2-7-103. Evidence of financial responsibility required; amount of bond, insurance, or cash deposit; notice of reduction or cancellation.
• 2-7-104. Records to be kept; inspection thereof.
• 2-7-105. Equipment inspection; requirement of repairs or other changes.
• 2-7-106. Transportation, storage, and disposal of pesticides and pesticide containers.
• 2-7-107. Inspections; search warrants; injunctions.
• 2-7-108. Subpoena powers.
• 2-7-109. Judicial review of Commissioner's actions.
• 2-7-110. Reports of pesticide accidents; claim of damage; notification; inspection; effect of failure to file; failure to permit observation as bar to claim.
• 2-7-111. Applicability of article to governmental entities; liability of such entities.
• 2-7-112. Exemptions from article.
• 2-7-113. Effect of article on certain other laws.
• 2-7-113.1. Local regulation of pesticides prohibited; variances from rule or regulation of Commissioner of Agriculture.
• 2-7-114. Penalties.

Article 4 Pest Control Compact.

• 2-7-130. Enactment; text of compact.
• 2-7-131. Cooperation with insurance fund.
• 2-7-132. Filing of compact bylaws and amendments.
• 2-7-133. Compact administrator.
• 2-7-134. Request or application for assistance from insurance fund.
• 2-7-135. Appropriation of funds; receipt and expenditure of payments.
• 2-7-136. "Executive head" defined.

Article 5 Boll Weevil Eradication.

• 2-7-150. Short title.
• 2-7-151. Declaration of purpose.
• 2-7-152. Definitions.
• 2-7-153. Administration and enforcement by Commissioner.
• 2-7-154. Powers of Commissioner.
• 2-7-155. Certification of cotton growers' organization by Commissioner; effect of certification; powers of organization; liability.
• 2-7-156. Assessment for suppression and eradication programs; conditions.
• 2-7-156.1. Assessment Advisory Committee created; composition; eligibility of members; duties [Repealed].
• 2-7-157. Prohibited activities.
• 2-7-158. Penalties.

Article 6 Liability for Use of Fertilizers, Plant Growth Regulators, or Pesticides.

• 2-7-170. Liability resulting from use or application of fertilizer, plant growth regulator, or pesticide; previous orders issued by Department of Agriculture and Department of Natural Resources; strict tort liability against product manufacturers.

Article 7 Feral Hogs.

• 2-7-200. "Feral hog" defined.
• 2-7-201. Transport of live feral hogs; permit required.
• 2-7-202. Commingling feral hogs with domestic swine prohibited.
• 2-7-203. Penalty for violation.
• 2-7-204. Promulgation of rules and regulations.

Chapter 8. Agricultural Commodities Promotion, 2-8-1 through 2-8-135.

PEST CONTROL COMPACT ARTICLE I. FINDINGS.

Article 1 Purpose of Chapter.

• 2-8-1. Short title.
• 2-8-2. Intent and purpose of chapter.

Article 1A Promotion of Agricultural Commodities.

• 2-8-5. Definitions.

Article 2 Agricultural Commodity Commissions Generally.

• 2-8-10. Nonapplicability of article to Agricultural Commodity Commission for Peanuts, Agricultural Commodity Commission for Equines, or Agricultural Commodity Commission for Georgia Grown Products.
• 2-8-11. Definitions.
• 2-8-12. Commissioner to administer and enforce article.
• 2-8-13. Commissions previously established are ratified and governed by chapter; contributions deemed voluntary; balloting to determine continued existence.
• 2-8-14. Composition; appointments, terms of office, and compensation; certification; advisory boards, special committees, and personnel; legal representation; eligibility of federation or organization members; acceptance of donations; voting; termination.
• 2-8-15. Public corporations; corporate powers; chairman; quorum; oath of office; certification of appointments to Secretary of State.
• 2-8-16. Funds of commissions - Receipt, collection, and disbursement.
• 2-8-17. Funds of commissions - Treatment as trust funds.
• 2-8-18. Bonds of persons handling funds.
• 2-8-19. Liability of commission members and employees.
• 2-8-20. Cooperation with state and federal governmental authorities.
• 2-8-21. Issuance of marketing orders authorized; notice; public hearing; record; reports from handlers; compilation of lists of producers and handlers; use of information in reports.
• 2-8-22. Recommendation of marketing orders or amendments by commission; authorized provisions.
• 2-8-23. Approval by producers prerequisite to issuance of marketing order or major amendment; notice; rules and regulations; expiration; extensions; referendum.
• 2-8-23.1. Limitations on assessments.
• 2-8-24. Area marketing orders authorized.
• 2-8-25. Seasonal marketing regulations authorized; notice of issuance; liberal interpretation of Code section.
• 2-8-26. Applicability of marketing orders.
• 2-8-27. Assessments to defray expenses; borrowing in anticipation of collections; use and repayment of contributions in lieu of advance deposits; collection and enforcement of assessments generally; disposition and investment of proceeds; audit.
• 2-8-28. Collection of assessments by civil action; penalty for delinquent payment.
• 2-8-29. Maintenance and inspection of books and records and provision of information; confidentiality of information; hearings, testimony, and subpoenas.
• 2-8-30. Use of grade or quality designations by persons not complying with order or regulations prohibited.
• 2-8-31. Inspections; holding of commodity; warning notice; notice of noncompliance; time for correction of deficiencies; petition to divert or destroy; show cause order; disposition of noncomplying commodity; penalty provisions not waived by disposal.
• 2-8-32. Civil penalties; notice and hearing; recovery procedure; disposition of proceeds.
• 2-8-33. Action for civil penalty or injunctive relief; costs.
• 2-8-34. Referral for institution of legal proceedings; administrative hearing; cease and desist order.
• 2-8-35. Furnishing of false report, statement, record, or marketing order; refusal to furnish certain information.
• 2-8-36. Criminal penalty.
• 2-8-37. Penalties and remedies concurrent, alternative, and cumulative.
• 2-8-38. Applicability of article to retailers.

Article 3 Agricultural Commodity Commission for Peanuts.

• 2-8-50. Applicability of article.
• 2-8-51. Definitions.
• 2-8-52. Commission continued in existence; powers and duties; continuation of certain rules, regulations, and orders; periodic determination as to continuation of commission.
• 2-8-53. Membership of commission; division of peanut-producing counties into districts; election of members; compensation and expenses; certification of members to Secretary of State.
• 2-8-54. Authority; legal representation; acceptance and use of donations, gifts, and other property; exercise of powers of corporations; continuation of existence of commission; authority to lease or purchase property.
• 2-8-55. Commission as public corporation; name used in contracts and legal proceedings; chairman; quorum; oath of office; certification of election.
• 2-8-56. Receipt, collection, and disbursal of funds.
• 2-8-57. Funds held in trust; deposit, accounting, and disbursal of funds; exemption from requirements applicable to state funds.
• 2-8-58. Bond of persons handling funds under article; signing of checks, drafts, and negotiable instruments; election, powers, and duties of treasurer.
• 2-8-59. Liability of commission members.
• 2-8-60. Authority to confer with and make information available to governmental authorities of this state, other states, and the United States.
• 2-8-61. Issuance, administration, and enforcement of marketing orders; notice and hearing as to proposed order; information from persons who may be affected by order.
• 2-8-62. Recommendation of promulgation of marketing order; permissible provisions of orders; effectiveness of orders heretofore adopted and in effect on July 1, 1989.
• 2-8-63. Finding of assent or approval of producers required for marketing order to become effective; commission authorized to issue orders regulating peanuts; amendments; notice; rules and regulations; expiration and extension of orders.
• 2-8-64. Limiting of application of marketing order to certain marketing areas or portions of state.
• 2-8-65. Seasonal marketing regulations; legislative findings; interpretation of Code section.
• 2-8-66. Applicability of orders regulating minimum quality, condition, size, or maturity.
• 2-8-67. Assessments to defray expenses of marketing orders; budgets for administration; authority to borrow money; contributions in lieu of advance deposits; collection of assessments; rules; enforcement of payment; deposit and disbursement of moneys; investment of moneys.
• 2-8-68. Assessment constitutes personal debt; action for collection; fee for late payment; remedies cumulative.
• 2-8-69. Books and records of processors and distributors; furnishing information to commission; inspection of books and records; confidentiality; enforcement.
• 2-8-70. Use of designations of grade, quality, or condition without complying with regulations or marketing order.
• 2-8-71. Entry and inspection of premises to check compliance with marketing order; holding of lot of peanuts to ascertain compliance; affixing of notice of noncompliance; service of notice of noncompliance; correction of deficiencies; disposal of lot; applicability.
• 2-8-72. Civil penalty; fixing amount of penalty; civil action; disposition of moneys.
• 2-8-73. Action by Attorney General for civil penalties or injunctive relief; remedies court may impose; payment of costs.
• 2-8-74. Referral of complaints to Attorney General or prosecuting attorney; hearing to consider charges; cease and desist order.
• 2-8-75. False or fraudulent reports, statements, and records; failure or refusal to give name and address of person from whom peanuts received.
• 2-8-76. Criminal penalty.
• 2-8-77. Construction of penalty and remedy provisions.
• 2-8-78. Applicability to retailers of peanuts.
• 2-8-79. Applicability of "Georgia Administrative Procedure Act."

Article 4 Agricultural Commodity Commission for Georgia Grown Products.

• 2-8-90. Definitions.
• 2-8-91. Authority of Commissioner.
• 2-8-92. Creation.
• 2-8-93. Composition; membership.
• 2-8-94. Public corporation and instrumentality of the State of Georgia.
• 2-8-95. Powers, duties, and authority of commission.
• 2-8-96. Immunity from liability.
• 2-8-97. Authority of Commissioner to issue, administer, and enforce provisions of marketing orders; hearings.
• 2-8-98. Recommendation of promulgation of a marketing order.
• 2-8-99. Amendments to marketing orders; notice; rules and regulations; termination of orders.
• 2-8-100. Levying and collection of assessments.
• 2-8-101. Limitations on application of marketing orders.
• 2-8-102. Deposit and disbursement of funds; investment.
• 2-8-103. Duties of Attorney General.
• 2-8-104. Violations.
• 2-8-105. Rules and regulations.

Article 5 Agricultural Commodity Commission for Equines.

• 2-8-120. Applicability.
• 2-8-121. Definitions.
• 2-8-122. Commissioner's authority.
• 2-8-123. Commission created.
• 2-8-124. Commission membership; nomination and election of commission members.
• 2-8-125. Commission to be a public corporation and instrumentality of the state; powers; transaction of commission business.
• 2-8-126. Receipt, collection, and disbursement of funds.
• 2-8-127. Funds received under this article to be held in trust for the commission.
• 2-8-128. Persons handling funds to be bonded.
• 2-8-129. Committee members and employees not responsible individually for errors in judgment, mistakes or other acts.
• 2-8-130. Commission authorized to share information with state and federal government agencies.
• 2-8-131. Issuance, administration, and enforcement of marketing orders; hearing.
• 2-8-132. Provisions for establishment of advertising, research, and education programs.
• 2-8-133. Amendments to, rules and regulations governing, and expiration and termination of marketing orders.
• 2-8-134. Limited application of marketing orders.
• 2-8-135. Commission authorized to borrow funds for certain purposes; disposition of funds collected pursuant to this article.

• 2-8A-1. Short title.
• 2-8A-2. Purpose of chapter.
• 2-8A-3. Definitions.
• 2-8A-4. Crops included as emerging crops [Repealed].
• 2-8A-5. Fund established.
• 2-8A-6. Application for interest loan; maximum amount; maximum rate of interest; security.
• 2-8A-7. Repayment of interest loan.

Chapter 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.

Article 1 General Provisions.

• 2-9-1. Definitions.
• 2-9-2. License required.
• 2-9-3. Application for license.
• 2-9-4. Issuance of license.
• 2-9-5. Bond - Required.
• 2-9-6. Bond - Breach of conditions; complaint to Commissioner; hearing and settlement; action on bond; pro rata distribution of insufficient bond proceeds.
• 2-9-7. Denial, suspension, or revocation of license - Grounds generally.
• 2-9-8. Denial, suspension, or revocation of license - Notice and hearing.
• 2-9-9. Consignment records; settlement with producer.
• 2-9-9.1. Bale identification numbers on ginned cotton.
• 2-9-10. Investigations.
• 2-9-11. Inspections of damaged shipments; certificate.
• 2-9-11.1. Ownership of agricultural product harvested by dealer, agent or employee, or independent contractor retained by dealer; prompt payment; certificate of receipt and quality.
• 2-9-12. Sale or possession of substandard products prohibited.
• 2-9-13. Rules and regulations.
• 2-9-14. Injunctions.
• 2-9-15. Applicability of article.
• 2-9-16. Penalty.

Article 2 Grain Dealers.

• 2-9-30. Definitions.
• 2-9-31. License required.
• 2-9-32. Application for license.
• 2-9-33. Issuance, renewal, and expiration of license.
• 2-9-34. Bond - Required.
• 2-9-35. Bond - Breach of conditions; complaint to Commissioner; hearing and settlement; action on bond; pro rata distribution of insufficient bond proceeds.
• 2-9-36. Denial, suspension, or revocation of license - Grounds.
• 2-9-37. Denial, suspension, or revocation of license - Notice and hearing.
• 2-9-38. Grain to be weighed by certified public weigher.
• 2-9-39. Scales.
• 2-9-40. Consignment records; settlement with producer.
• 2-9-41. Investigations.
• 2-9-42. Rules and regulations.
• 2-9-42.1. Publication of names, locations, and manner of payment by licensed grain dealers.
• 2-9-43. Injunctions.
• 2-9-44. Applicability of article.
• 2-9-45. Penalty.

Chapter 10. Marketing Facilities, Organizations, and Programs, 2-10-1 through 2-10-140.

Article 1 Georgia Building Authority (Markets).

• 2-10-1 through 2-10-39. [Repealed].

Article 2 Farmers' Markets.

• 2-10-50. Short title.
• 2-10-51. Purpose of article.
• 2-10-52. Definitions.
• 2-10-53. Powers and duties of Commissioner generally.
• 2-10-54. Employees prohibited from engaging in business as dealer in agricultural products.
• 2-10-55. Authority of Commissioner to make inspections, prescribe and collect fees and charges, and assign space on farmers' markets.
• 2-10-56. Promulgation of rules and regulations by Commissioner.
• 2-10-57. Authority of Commissioner to provide for safety and security at farmers' markets; police powers.
• 2-10-58. Acquisition and rental of real property; format of lease execution; closing of farmers' markets.
• 2-10-59. License required to sell in farmers' markets; consent to inspection of property; removal from premises.
• 2-10-60. Suspension or revocation of registration, license, or permit; procedure; enforcement of laws, regulations, or orders.
• 2-10-61. Rules and regulations to continue in effect.
• 2-10-62. Prohibited acts; penalty.

Article 3 Cooperative Marketing Associations.

• 2-10-80. Short title.
• 2-10-81. Definitions.
• 2-10-82. When associations deemed nonprofit.
• 2-10-83. Persons who may form cooperative association.
• 2-10-84. Filing of articles of incorporation; contents; subscription; verification; further proceedings.
• 2-10-85. Amendment of charter.
• 2-10-86. Adoption of bylaws; authorized provisions.
• 2-10-87. Directors to manage association; number; election or appointment; compensation; marketing or purchasing contracts with association; vacancies.
• 2-10-88. Election of officers.
• 2-10-89. Removal of officers or directors.
• 2-10-90. Eligibility as members or stockholders.
• 2-10-91. Issuance of stock or certificate; liability of member; maximum amount of stock member may own; voting; preferred stock; transfer of stock; purchase of own stock by association.
• 2-10-92. Regular meetings; special meetings generally; notice.
• 2-10-93. Referral of matters to entire membership; special meetings.
• 2-10-94. Powers of associations generally.
• 2-10-95. Duration of associations.
• 2-10-96. Use of preferred stock to purchase property interest.
• 2-10-97. Transfer of common stock.
• 2-10-98. Joining with other nonprofit cooperative associations.
• 2-10-99. Ownership in, control of, or membership in other corporations; warehouse receipts.
• 2-10-100. Contracts and agreements between associations.
• 2-10-101. Marketing contracts authorized; provisions; liquidated damages; injunctions and restraining orders; specific performance.
• 2-10-102. Activities in connection with agricultural products and furnishing farm business services generally.
• 2-10-103. Engaging in business for nonmembers.
• 2-10-103.1. Power to acquire debt or equity of, create or own, and control and manage business entities.
• 2-10-104. Annual reports.
• 2-10-105. License fee; tax exemption.
• 2-10-106. Distribution of excess income, reserves, or surpluses.
• 2-10-107. Associations not deemed monopolistic or in restraint of trade.
• 2-10-108. Applicability of nonprofit corporation laws.
• 2-10-109. Applicability of other laws.
• 2-10-110. Procedure by which other corporations and associations may come under article.
• 2-10-111. Use of word "cooperative" in business name.

Article 4 Roadside Markets Incentive Program.

• 2-10-130 through 2-10-140. [Repealed].

Chapter 11. Seeds and Plants, 2-11-1 through 2-11-77.

Article 1 General Provisions.

• 2-11-1. Misrepresentation of count or variety of agricultural plants.
• 2-11-2. Fraudulent sale of nursery stock or seedlings; misrepresenting fruit or nut trees.

Article 2 Sale and Transportation of Seeds.

• 2-11-20. Short title.
• 2-11-21. Definitions.
• 2-11-22. Labeling requirements.
• 2-11-23. Prohibited acts.
• 2-11-24. Records and samples to be kept; inspection thereof.
• 2-11-25. Powers and duties of Commissioner - Generally.
• 2-11-26. Powers and duties of Commissioner - Licensing authority; penalties.
• 2-11-27. Powers and duties of Commissioner - Treatment of itinerant vendors generally; bond [Repealed].
• 2-11-28. Powers and duties of Commissioner - Rule-making authority.
• 2-11-29. Seed Advisory Committee created; selection of members; compensation; duties [Repealed].
• 2-11-30. Seizure of seed for violation of article; disposition thereof.
• 2-11-31. Injunctions.
• 2-11-32. Exemption from article.
• 2-11-33. Applicability of Code Sections 2-11-21 and 2-11-22.
• 2-11-34. Penalty for violations of article or rules and regulations; Commissioner authorized to utilize warning for minor violations.
• 2-11-35. Local regulation prohibited.

Article 3 Certification of Seeds and Plants.

• 2-11-50. Legislative intent.
• 2-11-51. Definitions.
• 2-11-52. Designation of agency for certification of seeds and plants; liability for damages resulting from certification work; immunity.
• 2-11-53. False use of evidence of certification in sale of seeds or plants.

Article 4 Seed Arbitration Council.

• 2-11-70. Purpose; creation of Seed Arbitration Council.
• 2-11-71. Definitions.
• 2-11-72. Notice of requirements for filing complaint printed on seed container, label, or invoice; effect of failure to provide notice.
• 2-11-73. Filing complaint; fee; procedure.
• 2-11-74. Membership of Seed Arbitration Council; terms; chairperson and secretary; sessions; expenses.
• 2-11-75. Hearings and investigations.
• 2-11-76. Findings and recommendations.
• 2-11-77. Rules and regulations.

Chapter 12. Fertilizers, Liming Materials, and Soil Amendments, 2-12-1 through 2-12-110.

Article 1 Fertilizers.

• 2-12-1. Short title.
• 2-12-2. Definitions.
• 2-12-3. Commissioner to administer article.
• 2-12-4. Licensing requirements generally; fees; renewal; contents.
• 2-12-5. Nonresident licensees.
• 2-12-6. Labeling of fertilizer.
• 2-12-7. Inspection of fertilizer; methods of sampling and analysis; distribution of results.
• 2-12-8. Inspection fees; quarterly report; collection penalty; effect of failure to file report and pay assessment.
• 2-12-9. Penalties for plant food deficiencies; time for payment; effect of failure to pay; alteration of content of fertilizer by recipient.
• 2-12-10. Distribution of misbranded fertilizer prohibited; when misbranded.
• 2-12-11. Distribution of adulterated fertilizer prohibited; when adulterated.
• 2-12-12. Determination of value of ingredients; prohibition of use or deletion from label.
• 2-12-13. Short weight penalty; adjustment of invoice.
• 2-12-14. Exchange between licensees not restricted.
• 2-12-15. Adoption and enforcement of rules and regulations generally.
• 2-12-16. Revocation or denial of license; cancellation or refusal of registration.
• 2-12-17. Stop sale, stop use, or removal orders.
• 2-12-18. Seizure, condemnation, and disposition of nonconforming fertilizer.
• 2-12-19. Injunctions.
• 2-12-20. Notice of violations; administrative hearing; penalty for violation; prosecution.
• 2-12-21. Local regulation prohibited.

Article 2 Liming Materials.

• 2-12-40. Short title.
• 2-12-41. Definitions.
• 2-12-42. Administration of article.
• 2-12-43. Licenses required; application, annual renewal, fees, revocation; registration of products; application, fees, cancellation.
• 2-12-44. Semiannual tonnage statements.
• 2-12-45. Labeling requirements.
• 2-12-46. Analysis and sampling by Commissioner.
• 2-12-47. Sale of noncomplying or toxic material prohibited.
• 2-12-48. Penalties for deficient materials.
• 2-12-49. Rules and regulations.
• 2-12-50. Notice and prosecution of violations; hearings; penalty.

Article 3 Soil Amendments.

• 2-12-70. Short title.
• 2-12-71. Definitions.
• 2-12-72. Commissioner to administer article.
• 2-12-73. Registration required; proof of claims or value; fee.
• 2-12-74. Refusal or revocation of registration.
• 2-12-75. Semiannual reports to be filed; failure to file or false filing as ground for registration revocation.
• 2-12-76. Labeling requirements.
• 2-12-77. When soil amendment deemed misbranded.
• 2-12-78. Inspection, sampling, and analysis.
• 2-12-79. Prohibited acts.
• 2-12-80. Rules and regulations.
• 2-12-81. Stop sale, use, and removal orders.
• 2-12-82. Injunctions.
• 2-12-83. Penalties.

Article 4 Horticultural Growing Media.

• 2-12-100. Short title.
• 2-12-101. Purpose.
• 2-12-102. Definitions.
• 2-12-103. Administration and enforcement.
• 2-12-104. Authority of Commissioner.
• 2-12-105. Assessment and collection of cost of registration.
• 2-12-106. Exemptions.
• 2-12-107. Revocation, denial, cancellation, and refusal of registration.
• 2-12-108. Injunctions against violations.
• 2-12-109. Prohibited acts.
• 2-12-110. Penalty.

Chapter 13. Commercial Feeds, 2-13-1 through 2-13-23.

• 2-13-1. Definitions.
• 2-13-2. Commissioner to administer chapter.
• 2-13-3. Cooperation with other agencies and associations.
• 2-13-4. Publication of information as to sales, production, use, and analyses.
• 2-13-5. Disclosure of protected information.
• 2-13-6. License required for distribution; product registration; fees; refusal or cancellation of license or registration.
• 2-13-7. Compliance with Chapter 5 of this title.
• 2-13-8. Labeling requirements.
• 2-13-9. When commercial feed deemed misbranded.
• 2-13-10. When commercial feed deemed adulterated.
• 2-13-11. Prohibited acts.
• 2-13-12. Establishment of standards for feeds; adoption of rules and regulations.
• 2-13-13. Inspections authorized; receipt for samples; warrant; methods of sampling and analysis generally; forwarding of results.
• 2-13-14. Issuance and enforcement of withdrawal from distribution orders; condemnation and confiscation authorized; disposition of condemned feed.
• 2-13-15 through 2-13-17. [Reserved].
• 2-13-18. Injunctions.
• 2-13-19. Initiation of prosecutions.
• 2-13-20. Certificate of state chemist or other state employee as prima-facie evidence.
• 2-13-21. Applicability of "Georgia Administrative Procedure Act."
• 2-13-22. Exemptions from chapter; when chapter may be waived.
• 2-13-23. Criminal penalty.

Chapter 14. Sale of Agricultural and Forest Products, 2-14-20 through 2-14-153.

Article 1 General Provisions

[Reserved]. Article 2

Cotton. Article 3

• 2-14-20. Sale of cottonseed hulls without having weight stamped on package.

Honeybees. Article 4

• 2-14-40. License required for sale of bees; fee; revocation of license.
• 2-14-41. Powers of Commissioner generally; promulgation and enforcement of rules, ordinances, and regulations.
• 2-14-41.1. Prohibition against restriction of honeybee production or maintenance.
• 2-14-42. Inspections authorized generally.
• 2-14-43. Inspection of honeybee colonies; assistance in inspection.
• 2-14-44. Disposition of infected bees or fixtures.
• 2-14-45. Compensation for destroyed property authorized; appraisal.
• 2-14-46. Importation of honeybees or secondhand equipment prohibited without special permit.
• 2-14-47. Penalty for violation of article or rules or regulations.

Pecans. Article 5

• 2-14-60. Definitions.
• 2-14-61. Licenses required of pecan processors and wholesalers.
• 2-14-62. Standards and grades; labels; improper grading or labeling as cause for license revocation.
• 2-14-63. Disposition of pecans unfit for human consumption; violation of Code section grounds for license revocation.
• 2-14-64. Rules and regulations.
• 2-14-65. Injunctions.
• 2-14-66. Penalty for violations of article or rules and regulations.

Timber Products. Part 1

• 2-14-80. Standard for computing board feet of lumber.
• 2-14-80.1. Form of price quotation where weight is used to determine board feet, cords, or units of pulpwood or timber.

Part 2 TREATED TIMBER PRODUCTS.

• 2-14-100 through 2-14-113. [Repealed].

Part 3 DIMENSION LUMBER.

• 2-14-120. "Dimension lumber" defined; adoption of standards for grading of dimension lumber.
• 2-14-121. Graded dimension lumber to be stamped by licensed agency.
• 2-14-122. Enforcement by Commissioner; stop sale, stop use, and removal orders; seizure of lumber.
• 2-14-123. Violations.

Article 6 Vidalia Onions.

• 2-14-130. Short title.
• 2-14-131. Definitions.
• 2-14-132. Use of term "Vidalia."
• 2-14-132.1. Vidalia onion trademark; royalties; license fees.
• 2-14-133. Rules and regulations; enforcement of article.
• 2-14-134. Violations; criminal penalties.
• 2-14-135. Civil penalties; injunctions.
• 2-14-136. Marketing season shipping date.
• 2-14-137. Standards for grades.
• 2-14-138. Advisory panel created.

Article 7 Pick-your-own Farm Operations.

• 2-14-150. Legislative declarations; intent.
• 2-14-151. Definitions.
• 2-14-152. Liability of farm owner or operator.
• 2-14-153. Warning notices required; effect of failure to comply with notice requirements.

Reserved Any person, firm, or corporation who sells cottonseed hulls in bales or packages without having the weight thereof plainly stamped or branded on each bale or package shall be guilty of a misdemeanor.

Chapter 15. Pacific White Shrimp Aquaculture Development, 2-15-1 through 2-15-14.

• 2-15-1. (For effective date, see note.) Short title.
• 2-15-2. (For effective date, see note.) Definitions.
• 2-15-3. Pacific White Shrimp Aquaculture Development Advisory Council created; membership; purpose; compensation; meetings and procedure [Repealed].
• 2-15-4. (For effective date, see note.) Plan for development; requirement of plan; cooperation with colleges and universities.
• 2-15-5. (For effective date, see note.) Registration required; penalty for failure to register.
• 2-15-6. (For effective date, see note.) Expiration and renewal of registrations.
• 2-15-7. (For effective date, see note.) Content of applications for registration; registration fee.
• 2-15-8. (For effective date, see note.) Application for registration as admission of doing business in state.
• 2-15-9. (For effective date, see note.) Grounds for denial of registration; opportunity for hearing.
• 2-15-10. (For effective date, see note.) Revocation of registration; opportunity for hearing.
• 2-15-11. (For effective date, see note.) Evidence of registration; maintenance of list of registered persons.
• 2-15-12. (For effective date, see note.) Rule-making authority; best management practices required.
• 2-15-13. (For effective date, see note.) Unlawful possession of pacific white shrimp; confiscation of illegal products.
• 2-15-14. (For effective date, see note.) Inspection of premises; warrant for inspection.

Chapter 16. Action for Disparagement of Perishable Food Products or Commodities, 2-16-1 through 2-16-4.

• 2-16-1. Legislative findings, determinations, and declaration.
• 2-16-2. Definitions.
• 2-16-3. Cause of action for disparagement of perishable food products or commodities.
• 2-16-4. Limitations of actions.

Chapter 17. Georgia State Nutrition Assistance Program (SNAP), 2-17-1 through 2-17-6.

• 2-17-1. Short title.
• 2-17-2. Definitions.
• 2-17-3. Grants to regional food banks; administration; powers and duties of Department of Agriculture.
• 2-17-4. Annual review and audit.
• 2-17-5. Annual report.
• 2-17-6. Violations; penalty.

Chapter 18. Georgia Tobacco Community Development Board, 2-18-1 through 2-18-6.

• 2-18-1. Georgia Tobacco Community Development Board creation; officers; term.
• 2-18-2. Definitions.
• 2-18-3. Powers of the board generally.
• 2-18-4. Powers of Office of Planning and Budget; funds.
• 2-18-5. Georgia Tobacco Community Development Board Overview Committee created; composition; term; vacancies; review of board; informal participation by congressional delegation members.
• 2-18-6. Inapplicability of "Georgia Administrative Procedure Act."

Chapter 19. Georgia Cotton Producers Indemnity Fund, 2-19-1 through 2-19-8.

• 2-19-1. Enactment of chapter; purpose.
• 2-19-2. Definitions.
• 2-19-3. Powers and duties of the Commissioner.
• 2-19-4. Claims by eligible cotton producers; filing; contents.
• 2-19-5. Georgia Cotton Producers Indemnity Fund of 1999 created.
• 2-19-5.1. "Cotton ginner" defined; payment of excess funds in indemnity fund; filing claims.
• 2-19-6. Stipulations on acceptance of indemnity payments; recovery of payments by the Commissioner.
• 2-19-7. Violations of chapter.
• 2-19-8. Appropriation of funds by the General Assembly.

Chapter 20. Southern Dairy Compact, 2-20-1 through 2-20-5.

• 2-20-1. Compact enacted and entered into by the State of Georgia; text of compact.
• 2-20-2. Appointment of members to the Southern Dairy Compact Commission; terms of members; appropriation of funds.
• 2-20-3. Authority of the Commissioner of Agriculture.
• 2-20-4. Adoption of rules and regulations.
• 2-20-5. Violations of chapter.

"SOUTHERN DAIRY COMPACT ARTICLE I. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY

ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Section 2. Definitions.

ARTICLE III. COMMISSION ESTABLISHED Section 4. Commission established.

ARTICLE IV. POWERS OF THE COMMISSION Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

ARTICLE V. RULEMAKING PROCEDURE. Section 11. Rulemaking procedure.

ARTICLE VI. ENFORCEMENT Section 15. Records, reports, access to premises.

ARTICLE VII. FINANCE Section 18. Finance of start-up and regular costs.

ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL Section 20. Entry into force; additional members.

Chapter 21. Organic Certification and Labeling, 2-21-1 through 2-21-8.

• 2-21-1. Short title.
• 2-21-2. Definitions.
• 2-21-3. Certification requirements.
• 2-21-4. Packaging and labeling; registration required.
• 2-21-5. Inspection and testing.
• 2-21-6. Rules and regulations.
• 2-21-7. Right of appeal.
• 2-21-8. Penalty.

Chapter 22. Poultry Contract Growers or Producers, 2-22-1 through 2-22-5.

• 2-22-1. Definitions.
• 2-22-2. Voidability of contracts by contract growers or producers; right and notice of cancellation.
• 2-22-3. Provision of statistical information and data to determine compensation.
• 2-22-4. Weighing and measuring of poultry.
• 2-22-5. Application of Fair Business Practices Act.