Liability Resulting From Use or Application of Fertilizer, Plant Growth Regulator, or Pesticide; Previous Orders Issued by Department of Agriculture and Department of Natural Resources; Strict Tort Liability Against Product Manufacturers

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Plant Disease, Pest Control, and Pesticides
  5. Liability for Use of Fertilizers, Plant Growth Regulators, or Pesticides
  6. Liability Resulting From Use or Application of Fertilizer, Plant Growth Regulator, or Pesticide; Previous Orders Issued by Department of Agriculture and Department of Natural Resources; Strict Tort Liability Against Product Manufacturers

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  1. No person, firm, or corporation engaged in an agricultural, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the "Georgia Pesticide Control Act of 1976," and Article 3 of this chapter, known as the "Georgia Pesticide Use and Application Act of 1976," shall be responsible or liable under this title, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that:
    1. Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use;
    2. The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of such approval, recommendation, or permit were violated or that warnings or limitations regarding the application or use were ignored; and
    3. Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place.
  2. Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use.
  3. All orders issued by the Department of Agriculture and the Department of Natural Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the commissioner of natural resources.
  4. Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide.

(Code 1981, §2-7-170, enacted by Ga. L. 1988, p. 1409, § 1; Ga. L. 1989, p. 502, § 1; Ga. L. 1990, p. 8, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, "natural resources" was substituted for "Natural Resources" at the end of subsection (c).

RESEARCH REFERENCES

ALR.

- Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600.

Federal pre-emption of state common-law products liability claims pertaining to pesticides, 101 A.L.R. Fed. 887.

ARTICLE 7 FERAL HOGS


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