GA - GAC
Rules and Regulations of the State of Georgia
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Subject 40-11-3 STATUS OF PRODUCTS AS PESTICIDES

Rule 40-11-3-.01 Determination of Intent of Use

Any product whose intended purpose, either expressed or implied, is used as a pesticide or any product whose representation results in its being used as a pesticide shall be deemed to be a pesticide for the purposes of the Act and these regulations.

Rule 40-11-3-.02 Products Considered to Be Pesticides

Products will be considered to be pesticides if:

(1) Claims or recommendations for use as a pesticide are made on the label or labeling or otherwise in any other written or verbal medium of communication employed by the manufacturer, shipper, or distributor of the product.
(2) The product is intended for use as a pesticide after reformulation or repackaging.
(3) The product is intended for use both as a pesticide and for other purposes.

Rule 40-11-3-.03 Products Considered Not to Be Pesticides

Examples of products not considered to be pesticides are:

(1) Products or commodities, such as paints, fabrics and building materials which have been treated with a pesticide for their own protection and for which no pesticidal claims are made for protection of other surfaces or objects in the manufacture, sale or distribution of the product.
(2) Intermediate substances intended for use in production of a pesticide product, if the intermediate is subjected to a chemical change in the production process.
(3) Fertilizers or soil amendments not containing a pesticide.