GA - GAC
Rules and Regulations of the State of Georgia
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Subject 40-21-8 FINANCIAL RESPONSIBILITY

Rule 40-21-8-.01 Persons Subject to Regulations

Any individual, company, corporation or other business entity desiring to engage in the business of applying pesticides to the lands of another within this State shall secure a Pesticide Contractor's License. Granting of such license shall be conditioned on satisfactory proof of financial responsibility by all applicants other than those who are applying crop protection products to agricultural crops and who are requesting a Pesticide Contractor's License in only the Agricultural Plant Pest Category, with or without licensing in Aerial Methods.

Rule 40-21-8-.02 Certification of Financial Responsibility

Proof of financial responsibility by the applicant for a Pesticide Contractor's license must be evidenced and furnished to the Commissioner of Agriculture by certification of liability insurance, by copy of an appropriate surety bond, or by certificate of deposit for a cash deposit. Forms for certification of liability insurance and for surety bonds shall be specified and furnished by the Commissioner of Agriculture.

Rule 40-21-8-.03 Insurance

Liability Insurance policies may include pollution exclusions or other exclusions only to the extent that they are not inconsistent with O.C.G.A. 2-7-103, and shall be in the following minimum limits, including coverage for legal damages arising from the use of chemicals, dusting powders and the like, employed by the insured in his regular business operations:

(a) Aerial Contractors

Bodily Injury

$50,000 Any One Occurrence

   

Property Damage

$25,000 Any One Occurrence

 

$100,000 Aggregate

    

Maximum Deductible

$1,000 Per Occurrence

(b) Ground Contractors

Bodily Injury

$25,000 Any One Occurrence

Property Damage

$10,000 Any One Occurrence

 

$25,000 Aggregate

    

Maximum Deductible

$500 Per Occurrence

Rule 40-21-8-.04 Surety Bond

Surety Bonds shall be in the following minimum amounts, to cover legal damages arising from the use of chemicals, dusting powders and the like, employed by the principal in his regular business operations:

(a) Aerial Contractors

Minimum Bond

$50,000

Maximum Deductible

$1,000

(b) Ground Contractors

Minimum Bond

$20,000

Maximum Deductible

$500

Rule 40-21-8-.05 Cash Deposit

(1) Cash deposits may be made in any bank of applicant's choice. Certificate of Deposit shall be made payable jointly to the depositor and the Georgia Commissioner of Agriculture; shall be endorsed by depositor and shall be maintained in the custody of the Commissioner of Agriculture during the period licensed and for 90 days thereafter. Deposits shall be in the following minimum amounts to cover legal damages arising from the use of chemicals, dusting powders and the like, employed by the depositor in his regular business operations:

(a) Aerial Contractors

$50,000

(b) Ground Contractors

$20,000

(2) Cash deposits shall be subject to the same deductible amounts as the liability insurance and surety bonds, namely:

(a) Aerial Contractors

$1,000

(b) Ground Contractors

$500

Rule 40-21-8-.06 Exclusion of Coverage

Surety Bonds, liability insurance, and cash deposits shall not apply to damages or injury to agricultural crops, plants, or land being worked upon by the pesticide contractor.