Rules and Regulations of the State of Georgia
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Subject 40-11-8 ENFORCEMENT

Rule 40-11-8-.01 Collection of Samples

(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.

Rule 40-11-8-.02 Examination of Samples

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 ranges:

Active Ingredient

Allowable Deviation

Up to 1.00%

15% of Guarantee

1.01% - 19.99%

0.1 plus 5% of Guarantee

20.00% - 49.99%

0.5 plus 3% of Guarantee

50.00% - 100.00%

1.0 plus 2% of Guarantee

(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.
(c) 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:
1. No illegal residue can be expected to result when product is used according to label directions.
2. No significant increase in hazard to man or the environment can be expected to result when product is used according to label directions.
3. Stability of the formulation or ingredients thereof require overformulation to insure that assay over a period stated on the label shall not fall below the minimum provided in (a) above.

Rule 40-11-8-.03 Notice of Violations on Pesticides

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.

Rule 40-11-8-.04 Inspection of Records

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.

Rule 40-11-8-.05 Notice of Apparent Violation in Record Keeping

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.

Rule 40-11-8-.06 Stop Sale Use or Removal Orders

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.