Enforcement of Laws and Rules Within Jurisdiction of Commissioner; Employment of Investigators

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Department of Agriculture
  5. Enforcement of Laws and Rules Within Jurisdiction of Commissioner; Employment of Investigators

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  1. The Commissioner shall be vested with police powers to enforce those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department.
  2. The Commissioner shall be authorized to employ, designate, and deputize investigators and to delegate to such employees of the department the necessary authority to enforce those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," shall be authorized:
    1. To carry firearms authorized or issued by the Commissioner while in the performance of their duties;
    2. To inspect plants, animals, products, or facilities when the same are subject to regulation by the department;
    3. To stop and inspect any vehicle transporting plants, animals, or products when the same are subject to regulation by the department;
    4. To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of plants, animals, or products when the same are subject to regulation by the department;
    5. To protect any life or property when the circumstances demand action; and
    6. To arrest any person found to be in violation of a criminal law when enforcement of such law is authorized under this subsection.
  3. From funds appropriated or available to the department, the Commissioner shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this Code section.
  4. This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43.

(Code 1981, §4-4-5, enacted by Ga. L. 1986, p. 425, § 2; Ga. L. 1990, p. 572, § 1; Code 1981, §2-2-13, as redesignated by Ga. L. 2008, p. 575, § 1/SB 429.)


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