Labeling of Fertilizer

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  1. Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
    1. Net weight;
    2. Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed;
    3. Guaranteed analysis;
    4. Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements:
      1. Made for (name of licensee); or
      2. Distributed by (name of licensee);
    5. Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and
    6. Any other information as prescribed by regulation.
  2. In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.
  3. Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section.

(Code 1981, §2-12-6, enacted by Ga. L. 1997, p. 1271, § 1.)

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1910, §§ 1173 and 1783 and former Ga. L. 1929, pp. 228-232 are included in the annotations for this Code section.

JUDICIAL DECISIONS

Contents of certified copy of analysis in misbranding action.

- A certified copy of an analysis of fertilizers to be used in an action for false and incorrect branding should not contain a statement as to the penalty or damage for which the manufacturer or dealer might be deemed to be liable; only the mathematical result of the chemical analysis should be stated. Georgia Fertilizer Co. v. Walker, 45 Ga. App. 68, 163 S.E. 277 (1932) (decided under former Code 1910, §§ 1173, 1783).

Inspection of subsample not required.

- This section does not require each subsample of each lot of fertilizer or fertilizer material inspected to be separately analyzed. Blackshear Mfg. Co. v. Talmadge, 173 Ga. 703, 161 S.E. 256 (1931) (decided under former Ga. L. 1929, pp. 228-232).

RESEARCH REFERENCES

C.J.S.

- 3 C.J.S., Agriculture, § 93 et seq.


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