Subject 40-11-8 ENFORCEMENT
|(1)||Samples of labeled pesticides packaged for distribution may be collected at any reasonable time by such employees of the Georgia Department of Agriculture as may be designated by the Commissioner. Methods of sampling shall be those prescribed by the Commissioner.|
|(2)||The Commissioner or his duly designated agent is authorized to collect samples of pesticide upon demand without charge or cost from any public or private premises within this state in which pesticide is manufactured, processed, packed, stored, distributed or held for distribution and from any vehicle used to transport or hold such pesticide.|
Methods for examination of samples shall be those prescribed by the Commissioner. Content of active ingredients on all pesticides should be at a level of guarantee. However, determination of compliance based on assay of a single sample shall be made as follows:
|(a)|| A single sample whose assay deviates
below the stated guarantee shall be considered in compliance except as noted in
(b) below if its active ingredients are found to be within the following
|(b)||A single sample whose assay deviates below the stated guarantee beyond the above limits may not be considered "deficient" if special sampling problems such as those associated with fertilizer-pesticide mixtures and granular formulations or if problems associated with accuracy, specificity or reproducibility of the method of analysis can reasonably be expected to have contributed to the lower assay.|
A single sample whose assay ranges above the stated guarantee shall be judged
individually. However, an assay ranging above the stated guarantee shall not be
considered violative if:
If examination or analysis shows a pesticide to be in violation of this Act or these regulations, a notice shall be sent to the person against whom proceedings are contemplated, stating the manner in which the pesticide fails to comply. The person so notified shall have 20 days within which to offer an explanation or to request a hearing. Failure to respond within the 20-day period will be grounds for institution of legal proceedings for the violation, provided: No notice or hearing is required prior to seizure, stop sale or stop use of any pesticide.
Any employee of the Georgia Department of Agriculture duly authorized by the Commissioner shall upon request, be provided access during any reasonable working hours to inspect, or copy any records required to be kept by any licensee, permittee or registrant under the provisions of the Act and these regulations.
If, upon inspection, it appears that there has been any failure to maintain records required by the Act or these regulations, or if it appears that any records have been falsified, the Commissioner may issue a notice, to the licensee or registrant, stating the manner in which the maintenance of required records fails to comply. The licensee or registrant shall have 20 days in which to make an explanation or request a hearing. The Commissioner may subpoena witnesses and require production of all books, records, and documents pertaining to operations of the licensee or registrant.
If the examination of any pesticide indicates that the pesticide does not comply with the provisions of the Act and these regulations, he may issue a Stop Sale, Use or Removal Order to the Custodian or registrant of such pesticide. Any pesticide under such an order shall not be sold, used or removed until the provisions of the Act have been complied with and the pesticide has been released by the Commissioner, in writing. The registrant shall have thirty (30) days from receipt of such notice in which to bring the pesticide into compliance or to otherwise dispose of the pesticide consistent with the requirements of the Act or these regulations.