Definitions

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As used in this article, the term:

  1. "Agent" means any person soliciting orders for or selling or distributing nursery stock under the partial or full control of a nurseryman or dealer.
  2. "Dealer" means any person not a grower of nursery stock, who buys or otherwise acquires nursery stock for the purpose of reselling or distributing same independently of any control of the nurseryman.
  3. Reserved.
  4. "Nursery" means any grounds or premises on or in which nursery stock is grown, kept, or propagated for sale or distribution.
  5. "Nurseryman" means any person engaged in the production of nursery stock for sale or distribution.
  6. "Nursery stock" means all trees or plants or parts of trees or plants grown or kept for or capable of propagation, distribution, or sale.
  7. "Persons" means individuals, associations, partnerships, and corporations, whether private, public, or municipal.
  8. "Places" means vessels, aircraft, cars, trucks, automobiles, wagons and other vehicles, buildings, docks, depots, yards, nurseries, greenhouses, orchards, and other premises where material affected by this article is grown, produced, kept, stored, or handled.

    (8.1) "Plant pest" means any organism which is determined by the Commissioner to be injurious to the agricultural, horticultural, or other interests of the state, including, but not limited to, insects, bacteria, fungi, viruses, or weeds.

  9. "Plants and plant products" means trees, shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds, and other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, timber, and all other plant products. The term "trees" includes shade trees and all other trees except forest trees, jurisdiction as to which is vested in the State Forestry Commission, provided that the term "trees" includes nursery stock of all trees, including forestry trees.

(Ga. L. 1937, p. 659, § 2; Ga. L. 1955, p. 309, § 25; Ga. L. 1996, p. 329, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, the "(3)" designation was added.

OPINIONS OF THE ATTORNEY GENERAL

Scope of article.

- This article is meant to be limited to injurious insects or insect pests and their diseases. 1945-47 Op. Att'y Gen. p. 5.

Honey bee is not considered as an "insect pest." 1945-47 Op. Att'y Gen. p. 5 (decided prior to 1996 amendment).


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