(For Effective Date, See note.) Distribution of Adulterated Fertilizer Prohibited; When Adulterated

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Fertilizers, Liming Materials, and Soil Amendments
  5. Fertilizers
  6. (For Effective Date, See note.) Distribution of Adulterated Fertilizer Prohibited; When Adulterated

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No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:

  1. It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label;
  2. Its composition falls below or differs from that which it is purported to possess by its labeling;
  3. It contains unwanted crop seed or weed seed; or
  4. It contains domestic septage as such term is defined in 40 CFR 503.9.

(Code 1981, §2-12-11, enacted by Ga. L. 1997, p. 1271, § 1; Ga. L. 2020, p. 364, § 1/HB 1057.)

Code Commission notes.

- Pursuant to Code section 28-9-5, in 2020, an extra period at the end of paragraph (4) was deleted.

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1929, pp. 228, 229 are included in the annotations for this Code section.

JUDICIAL DECISIONS

Sale of fertilizer not void for noncompliance with paragraph (2).

- Where a vendor of fertilizer in this state sells certain sacks of fertilizer which are not tagged or branded, the failure to comply with paragraph (2) of this section does not render the sale void and does not render a mortgage note given by the purchaser to the vendor for the purchase price of the fertilizer void and unenforceable. Blackshear Mfg. Co. v. Perry, 48 Ga. App. 355, 172 S.E. 585 (1934) (decided under former Ga. L. 1929, pp. 228, 229).


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