Licensing Requirements Generally; Fees; Renewal; Contents

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Fertilizers, Liming Materials, and Soil Amendments
  5. Fertilizers
  6. Licensing Requirements Generally; Fees; Renewal; Contents

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  1. No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $100.00 per year and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1.
  2. An application for license shall be made on forms furnished by or otherwise acceptable to the Commissioner and shall include:
    1. The name and address of the licensee;
    2. The name and address of each production location in the state. The licensee shall inform the Commissioner in writing of any additional production locations established during the period of the license; and
    3. Any other information as prescribed by regulation.
    1. No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $60.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $60.00 shall be due each July 1.
    2. If the registration renewal fee is not paid by July 1, the registration fee shall increase in the manner prescribed by regulation. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall be considered permanent so long as no changes or deviations are made in the labels of such products and the required registration fee is paid.
    3. The application for registration shall include the following information:
      1. The brand and grade;
      2. The guaranteed analysis;
      3. The sources of all plant nutrients;
      4. The name and address of the licensee;
      5. The net weight or weights; and
      6. Any other information as prescribed by regulation.

(Code 1981, §2-12-4, enacted by Ga. L. 1997, p. 1271, § 1; Ga. L. 2010, p. 9, § 1-8/HB 1055.)

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1910, § 1771 are included in the annotations for this Code section.

JUDICIAL DECISIONS

Contract of sale void unless fertilizers registered.

- Where a contract for the purchase of fertilizers specifically provides the source from which phosphoric acid, nitrogen, or potash is to be derived, and where the fertilizer is furnished in accordance with a special order, the contract of sale is void unless the fertilizers so furnished have been registered as provided by this section. Hodges v. Montezuma Fertilizer Co., 150 Ga. 248, 103 S.E. 231 (1920) (decided under former Code 1910, § 1771).

RESEARCH REFERENCES

C.J.S.

- 3 C.J.S., Agriculture, § 93 et seq.

ALR.

- Constitutionality, construction, and application of statutes relating to testing or sampling of agricultural fertilizers, 105 A.L.R. 348; 147 A.L.R. 765.


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