The following words or terms shall have the meaning set forth
herein when used in these rules and regulations.
| (a) |
Bare Root Plant: Any live plant that has
been uprooted and separated from its growing medium, then bagged in moss,
sawdust or other material to provide temporary moisture to the roots. A bare
root plant is also any plant that has been uprooted from its growing medium and
placed in controlled atmosphere conditions or heeled in with sawdust, packing
material or soil as a means for supplying moisture until it has been
planted. |
| (b) |
Certificate: Any
document issued by the Department attesting to the Plant Pest or treatment
status of any Regulated Article. |
| (c) |
Commissioner: The Commissioner of
Agriculture or any employee of the Department authorized to act on his
behalf. |
| (d) |
Compliance Agreement:
Any written agreement between a person and the Department specifying
requirements enforced by the Department for regulatory purposes. |
| (e) |
Containerized Plant: Any live plant grown
in a container where the plant is healthy, vigorous, well rooted, and
established in the container in which it is growing. Containerized plants must
possess a well-established root system reaching or nearly reaching the sides of
the container to maintain a firm ball when the container is removed, but not
possessing excessive root growth that encircles the inside of the
container. |
| (f) |
Department: The
Georgia Department of Agriculture. |
| (g) |
Dormant Plant: Any plant or plant part
that is not in an active state of growth as evidenced by the lack of vegetative
bud swelling and/or shoot growth. |
| (h) |
Federal Noxious Weed: Any plant listed
under Title 7, Code of Federal Regulations, Part 360 "Noxious Weed
Regulations". |
| (i) |
Fees: Assessments
of costs for the purpose of defraying the expenses of registration of Live
Plant Growers and Live Plant Dealers, and expenses of inspection and
certification of Regulated Articles. |
| (j) |
Live Plant: Any whole or propagative part
of any member of the Plant Kingdom, capable of or intended for propagation or
growth. It does not include true seeds, cut flowers, or decorative cut
foliage. |
| (k) |
Live Plant Dealer: Any
person who does not grow or propagate Live Plants, but who handles, maintains,
solicits orders for, sells, or distributes any Live Plants. |
| (l) |
Live Plant Grower: Any person who
propagates or grows any Live Plants for sale or distribution. Persons meeting
any of the following criteria must be properly licensed by the Department:
| 1. |
have a production space greater than 1,000
square feet; |
| 2. |
receive plants from
another state; |
| 3. |
send plants
interstate; |
| 4. |
send plants
internationally; or |
| 5. |
dig or
collect plants from the wild or residential areas for sale or
distribution. |
|
| (m) |
Live
Plant License: A document issued by the Commissioner indicating that the Live
Plants maintained by the licensee are regularly inspected by the Commissioner
to ensure freedom from plant pests and absence of poor physical condition, and
verifying that the licensee has registered with the Commissioner. |
| (n) |
Live Plant Shipping Certificate: A
document issued by the Commissioner indicating that the Live Plants in the
accompanying shipment have been grown and maintained under a regular
inspectional program administered by the Commissioner in compliance with these
Rules. |
| (o) |
Maintain: Both to
prevent and control damage by Plant Pests to Live Plants, and to prevent Poor
Physical Condition or decline in viability of Live Plants by providing proper
environmental conditions, by applying water and nutrients, by applying chemical
and cultural pest control, and by removing damaged, diseased, or dead plant
material. |
| (p) |
Non-profit: Any
government agency or bureau, any member of a county or independent school
system, any college or university under the University System of Georgia or any
501(c) organization. |
| (q) |
Permit: A
document issued by the Commissioner authorizing the movement of Regulated
Articles to a specific destination in accordance with specific requirements.
|
| (r) |
Phytosanitary Certificate: A
document issued by the Commissioner indicating that the specified Live Plants
or Plant Products comply with the legal requirements of the importing state or
country. Such a document may be either a State Phytosanitary Certificate or
Federal Phytosanitary Certificate. |
| (s) |
Plant Pest: Any organism which is
determined by the Commissioner to be injurious to the agricultural,
horticultural, or other interests of the state, including, but not limited to,
insects, bacteria, fungi, viruses, or weeds. |
| (t) |
Plant Products: Fruits, vegetables,
grains, roots, bulbs, seeds, cut flowers, decorative cut foliage, wood, timber,
and all other Live Plants or parts of Live Plants not intended for or used for
propagation or growing. |
| (u) |
Poor
Physical Condition: Serious physical damage, serious wilting caused by lack of
or by excessive water, damage caused by severe heat or cold, death, or any
other condition which would cause decline in viability or increased
susceptibility to plant pests when subsequently handled with normal
care. |
| (v) |
Quarantine: A verbal or
written order issued by the Commissioner immediately prohibiting the sale or
distribution of Regulated Articles from a given location, until released in
writing by the Commissioner. |
| (w) |
Regulated Articles: Live Plants, Plant Products or other things determined by
the Commissioner to be capable of carrying Plant Pests. |
| (1) |
No person may
engage in business as a Live Plant Dealer or a Live Plant Grower without
obtaining a license issued by the Commissioner for each business location. Each
sales or growing location must be identified and licensed by one
name. |
| (2) |
All applications for
licenses must be filed with the Commissioner on forms obtained from him, and
must include all information requested. Any changes in name, address,
ownership, or classification occurring during the license period must be
reported to the Commissioner within 10 days. |
| (3) |
An applicant for a new Live Plant Dealer
or Live Plant Grower license may not use a name which is the same as or is
confusingly similar to that of a current licensee. |
| (4) |
Licenses will be issued annually for the
period ending December 31, and each license must be renewed each year by no
later than December 31 on forms supplied by the Commissioner. All licenses
expire December 31 of each year. |
| (5) |
Any licensee not renewing the Live Plant
License by December 31, that business will be immediately placed under
quarantine without further notice and prohibited from moving or selling Live
Plants until a new license is issued according to this Chapter. A $50.00 late
fee will be assessed for any Live Plant License renewed more than thirty (30)
days after expiration. |
| (6) |
Any
check used for payment of a Live Plant License that is returned for
insufficient funds or any other cause is subject to a $50.00 administrative
fee. |
| (7) |
All Live Plant Dealer and
Live Plant Grower licenses must be conspicuously displayed in a prominent
location within the licensed location. |
| (1) |
Live Plant Grower: [as defined in
]
| (a) |
Annual registration fee of $105.00 for
each location where plants are grown, plus: |
| (b) |
An additional annual fee to defray costs
of inspection of:
| i. |
$5.00 per acre of sod or
sprigs, and/or |
| ii. |
$8.00 per acre
of field grown plants, and/or |
| iii. |
$14.00 per acre of container grown plants, greenhouse grown plants or collected
native plants, and/or |
| iv. |
The
maximum annual fee to defray costs of inspection is $1,100 per
location. |
|
| (c) |
Where the
business owner registers any fraction of an acre, the full per acre fee will be
assessed. |
|
| (2) |
Live Plant
Dealers [as defined in
]
| (a) |
Live Plant Dealers, Re-wholesalers,
Agents or Brokers
| 1. |
Annual registration fee
of $125.00 for each location where plants are held or maintained. |
|
| (b) |
Florist or Landscaper
| 1. |
Any person or business that offers plants
for sale as a Florist or Landscaper will be charged an annual registration fee
of $75.00 for each location. |
|
| (c) |
Seasonal Vegetable Plant Dealer
| 1. |
A business that offers only vegetable
transplants for sale during the months of March, April, May, June will be
charged a licensing fee of $50. |
|
|
| (3) |
Non-Profit [as defined in
]
| (a) |
Each Non-profit 501(c) organization must
provide documentation of their non-profit status with their Live Plant License
application and; |
| (b) |
With each Live
Plant License renewal. |
| (c) |
Plant
clubs that have a plant sale only once per year may be issued a Live Plant
License valid for that sale at no cost. |
|
| (4) |
Certification Fees:
| (a) |
The Commissioner may assess fees for
additional certifications or inspections not required by this Chapter. These
certifications or inspections shall include but not be limited to:
| (1) |
Federal or State Phytosanitary
Certificates for the one time shipment of articles regulated by other countries
or states |
| (2) |
Live Plant Shipping
Certificates to accompany sales or shipment of Live Plants |
| (3) |
Special Permit for the shipment of
articles regulated by another state or foreign country |
| (4) |
Diagnostic fees for the identification of
plant pests or certification. |
|
| (b) |
The Certification Fees shall be published
by the Commissioner on or by January 1 of each year. |
|
| (1) |
Any Live Plant Grower or Live Plant
Dealer who is licensed in another state and in full compliance with all the
plant protection laws of that state may sell or distribute Live Plants to
locations in Georgia provided:
| (a) |
all Live
Plants are apparently free from plant pests as defined in
above,
are not designated as a Federal Noxious Weed and comply with Chapter 40-4-7
"Regulations For The Movement Of Vegetable Transplants Into Georgia", Chapter
40-4-24 "Blueberry Scorch Virus Quarantine", and all other Georgia plant
regulations and quarantines. |
| (b) |
all Live Plants are accompanied by a valid inspection Certificate from the
state of origin, and a bill of lading or invoice describing the shipment and
licensed destination. |
| (c) |
all Live
Plants are in compliance with all other requirements of this Chapter. |
| (d) |
the name and address of the Live Plant
Grower or Live Plant Dealer has been submitted to the Department as duly
licensed in the state of origin by the plant regulatory officials of that
state. |
| (e) |
the state of origin will
accept Live Plants from Georgia when properly certified by the
Department. |
|
| (2) |
Any Live
Plant Grower or Live Plant Dealer who operates a sales or growing location in
Georgia must be licensed by Georgia as required by this Chapter. |
| (3) |
The Commissioner or his agent may order
any live plants to be quarantined, returned to place of origin or destroyed at
cost to the owner if the plants are believed to have entered Georgia in
violation of the Rules of this Chapter. |
| (1) |
The Commissioner will inspect each Live
Plant Dealer or Live Plant Grower location prior to issuance of a license, and
at any other time at his discretion. All Live Plants at any location must be:
| (a) |
apparently free of plant pests, |
| (b) |
in good physical condition, |
| (c) |
adequately maintained, |
| (d) |
sufficiently free of weeds and grasses to
ensure that such weeds and grasses do not:
| 1. |
serve as a source of plant pests, |
| 2. |
interfere with the general health of the
Live Plants, |
| 3. |
interfere with a
dependable inspection, |
|
| (e) |
in conformance with requirements of any
applicable Compliance Agreement, and |
| (f) |
in full compliance with all other
requirements of this Chapter. |
|
| (2) |
The Commissioner may specify the
conditions under which Live Plants or Plant Products are produced in order to
certify that such Live Plants or Plant Products are free of plant pests and in
good physical condition. |
| (3) |
All
Live Plants being grown, sold, or held for distribution, and located in Georgia
must be properly maintained as defined in
above.
Discretion as to what is proper maintenance consistent with the requirements of
this Chapter is left to the discretion of the area inspector. |
| (4) |
Bare-root Live Plants may be maintained
indoors if held under controlled-atmosphere storage conditions of no less than
ninety percent relative humidity at a temperature between 32F and 38F, or they
may be maintained outdoors if heeled into sawdust, packing material, or soil
and protected at all times from extremes of heat or cold, and provided with
adequate water. |
| (5) |
The
Commissioner or his agent may order any live plants to be quarantined and/or
destroyed at cost to the owner if the plants are believed to be or if they
exhibit signs or symptoms of infestation or infection with a plant
pest. |
| (1) |
Live Plant Shipping Certificates will be
issued only to those Live Plant Growers and Live Plant Dealers who are licensed
and in full compliance with all requirements of this Chapter. |
| (2) |
Live Plant Shipping Certificates will be
provided by the Commissioner upon request of the licensee, at cost. A licensee
may print its own shipping certificates by applying annually in writing at the
time of license renewal to the Commissioner for approval. The form and content
of the Certificate must be approved by the Commissioner prior to use by the
licensee. |
| (3) |
Live Plant Shipping
Certificates may not be used on any Live Plants which are not under a regular
inspectional program of the Department, nor may such Certificates be used to
misrepresent the state of origin of Live Plants. |
| (4) |
The Commissioner may impose monetary
penalties or recall the Live Plant Shipping Certificates at any time he finds
that Certificates are either not being used in accordance with the requirements
and stipulations of this Chapter or to accompany Live Plants which would not
pass inspection because of presence of Plant Pests or deterioration. |
| (1) |
The sale or distribution of any plant
listed on the Federal Noxious Weed list or determined by the Commissioner to be
a public nuisance is prohibited. |
| (2) |
All Live Plant Growers and Live Plant
Dealers must purchase Live Plants only from those persons or businesses who are
duly licensed by the Department according to this Chapter, or who are duly
licensed by the regulatory agency of the state in which that person or business
is located, or whose plants have been inspected by the appropriate regulatory
agency of the state of origin. |
| (3) |
Any sale or distribution of Live Plants other than direct retail sales to
walk-in consumers must be accompanied by:
| (a) |
a Live Plant Shipping Certificate, conspicuously attached to the Live Plants or
to the invoice or bill of lading. |
| (b) |
an invoice or bill of lading showing the
licensed name and address of the Live Plant Grower or Live Plant Dealer, the
date of sale, and the number, size, and variety of all Live Plants. |
| (c) |
a written statement of any guarantees or
conditions made by the seller or distributor as part of the
transaction. |
|
| (4) |
No live
Plant Grower or Live Plant Dealer may substitute any Live Plant variety or size
in lieu of that contracted for by the purchaser, except by agreement of the
purchaser. Plant size shall be described as:
| (a) |
The plant height shall be the distance
measured in feet and/or inches from the soil line to the uppermost part of the
plant. |
| (b) |
The total spread shall
be the distance measured in feet or inches across the greatest diameter of the
plant. |
|
| (5) |
At the
request of the purchaser, refund of payment must be made by any Live Plant
Grower or Live Plant Dealer on all orders of Live Plants which have not been
delivered within 90 days of acceptance of payment, and which are not covered by
a contract on a future order. |
All Live Plant Growers and Live Plant Dealers must maintain
records showing the source and date of purchase of all Live Plants received
during the past twelve months. Such records must be made available to the
Commissioner during normal business hours.
Special inspections for issuance of special permits,
compliance letters, phytosanitary certificates, post-entry permits, other
certificates and other documents may be performed by the Commissioner upon
request and upon payment of the appropriate fee.
| (1) |
Certificates may be issued for the
following premises used for the production of:
| b. |
Plant material or seeds certified for
varietal purity |
| c. |
Pine and/or
hardwood seedlings |
| d. |
Sod or
turfgrass sprigs |
|
| (2) |
Treatment of certain premises may be necessary to prevent the unnatural
intrastate and interstate movement of plant pests, including but not limited to
federal noxious weeds, via extensive agricultural, forestation and
re-forestation, and horticultural practices common to the state. The preferred
method of treatment, to insure pest-free plant material, is fumigation using
methyl bromide in fields or seedling plant beds prior to seeding. All such
treatments shall be done using state and federally-registered pesticides. Each
shipment originating from another state must be accompanied by a certificate of
inspection issued by the state of origin to verify inspections and/or
treatments. Fumigation certificates shall be issued by an inspector for
intrastate and interstate shipments of plants or seed upon request. |
Any of the following acts will constitute a violation of this
Chapter.
| (a) |
The sale or distribution
of any Live Plants infected or infested with Plant Pests or in poor physical
condition. |
| (b) |
The sale or
distribution of any plant listed on the Federal Noxious Weed list or determined
by the Commissioner to be a public nuisance. |
| (c) |
The sale or distribution of any Live
Plants not accompanied by any Certificate required by this Chapter or by any
Compliance Agreement. |
| (d) |
The use
of any Certificate on Live Plants infected or infested with Plant Pests, or in
poor physical condition. |
| (e) |
The
use of any Certificate on any Live Plants which are not covered by a regular
inspectional program of, or have not been inspected by the
Department. |
| (f) |
The use of any
Certificate on any Regulated Article in violation of any Compliance
Agreement. |
| (g) |
The propagation,
growing, and maintenance of any Live Plants intended for sale or distribution
by any person who is not licensed as required by this Chapter. |
| (h) |
The making of any false statement or
false promise for the purpose of making a sale of any Live Plants, including
but not limited to misrepresentation of name, size, variety, number,
availability, description, or condition. |
| (i) |
The failure of any Live Plant Grower or
Live Plant Dealer to deliver or make available any Live Plants for which he has
accepted payment. |
| (j) |
The failure
of any Live Plant Grower or Live Plant Dealer to maintain records as required
by this Chapter, or to make those records available to the Commissioner upon
request during normal business hours. |
| (k) |
The obstruction of the Commissioner in
the performance of his duties. |
| (1) |
The Commissioner may place a Quarantine
or issue a Stop Sale on any Regulated Article which he finds to be infected or
infested with Plant Pests or in poor physical condition until the problem can
be corrected. If the problem is not corrected during the time specified by the
area inspector, or is not correctable, the Commissioner may require the
treatment or destruction of the Regulated Article by the owner. If the
Regulated Article is not treated or destroyed, the Commissioner may treat or
destroy the article and assess the costs of treatment or destruction against
the owner of the premises. |
| (2) |
The
Commissioner may recall any Certificate from any person when he finds that the
Certificate has been misused. |
| (3) |
The Commissioner may Quarantine any location where he finds any Regulated
Article being propagated, grown, maintained, sold, or distributed in violation
of any requirement of this Chapter or any Compliance Agreement. |
| (4) |
Any person who violates any of the
requirements of this Chapter shall be guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars or one year in jail. |
