HB 1269 - Agriculture; certain references; change to "plant pest"
Georgia House of Representatives - 1995/1996 Sessions
HB 1269 - Agriculture; certain references; change to "plant pest"
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Floyd 138th
House Comm: Ag / Senate Comm: Ag /
House Vote: Yeas 101 Nays 1 Senate Vote: Yeas 49 Nays 0
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House Action Senate
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1/12/96 Read 1st Time 1/29/96
1/22/96 Read 2nd Time 2/1/96
1/22/96 Favorably Reported 1/31/96
1/26/96 Read 3rd Time 2/7/96
1/26/96 Passed/Adopted 2/7/96
3/20/96 Sent to Governor
4/1/96 Signed by Governor
643 Act/Veto Number
7/1/96 Effective Date
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Code Sections amended: 2-7-2, 2-7-5, 2-7-6, 2-7-7, 2-7-9, 2-7-10, 2-7-11,
2-7-12, 2-7-13, 2-7-14, 2-7-15, 2-7-16, 2-7-20, 2-7-21, 2-7-23
HB 1269 LC 9 8546
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 7 of Title 2 of the Official
1- 2 Code of Georgia Annotated, known as "The Entomology Act of
1- 3 1937," so as to repeal the definition of the term "insect
1- 4 pests and plant disease"; to provide for a definition of the
1- 5 term "plant pest"; to change all references in said article
1- 6 to such term; to repeal conflicting laws; and for other
1- 7 purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1- 9 Article 1 of Chapter 7 of Title 2 of the Official Code of
1-10 Georgia Annotated, known as "The Entomology Act of 1937," is
1-11 amended by striking paragraph (3) of Code Section 2-7-2,
1-12 relating to definitions, which reads as follows:
1-13 "(3) 'Insect pests and plant disease' means insects or
1-14 closely related organisms injurious to the agricultural,
1-15 horticultural, or other interests of the state and
1-16 infectious or transmissible diseases of plants in any
1-17 stages of development of such insects or disease.",
1-18 and inserting in lieu thereof the following:
1-19 "Reserved.",
1-20 and by inserting, following paragraph (8), a new paragraph
1-21 (8.1) to read as follows:
1-22 "(8.1) 'Plant pest' means any organism which is
1-23 determined by the Commissioner to be injurious to the
1-24 agricultural, horticultural, or other interests of the
1-25 state, including, but not limited to, insects, bacteria,
1-26 fungi, viruses, or weeds."
SECTION 2.
1-27 Said article is further amended by striking Code Section
1-28 2-7-5, relating to the duty of the Commissioner, and
1-29 inserting in lieu thereof a new Code section to read as
1-30 follows:
-1- (Index)
LC 9 8546
2- 1 "2-7-5. (Index)
2- 2 It shall be the duty of the Commissioner to protect the
2- 3 agricultural, horticultural, and other interests of the
2- 4 state from insect pests and plant diseases plant pests."
SECTION 3.
2- 5 Said article is further amended by striking Code Section
2- 6 2-7-6, relating to publication of information and advice,
2- 7 and inserting in lieu thereof a new Code section to read as
2- 8 follows:
2- 9 "2-7-6. (Index)
2-10 The Commissioner may disseminate information and advice to
2-7-13 2-7-14 2-7-15 2-7-16 2-7-20 2-7-21 2-7-23 on of
2-12 insect pests and plant diseases plant pests, by the
2-13 publication and distribution of printed matter, by
2-14 correspondence, and by other methods."
SECTION 4.
2-15 Said article is further amended by striking Code Section
2-16 2-7-7, relating to cooperative agreements, and inserting in
2-17 lieu thereof a new Code section to read as follows:
2-18 "2-7-7. (Index)
2-19 The Commissioner may enter into cooperative arrangements
2-20 with any person, municipality, county, or other department
2-21 of this state and with boards, officers, and authorities
2-22 of other states and of the United States for inspection
2-23 with reference to insect pests and plant diseases plant
2-24 pests and for the control and eradication thereof. He The
2-25 Commissioner may contribute a just and proportionate share
2-26 of the expenses incurred under such arrangements."
SECTION 5.
2-27 Said article is further amended by striking Code Section
2-28 2-7-9, relating to investigations authorized, employment of
2-29 experts, and rental, lease, or purchase of land, and
2-30 inserting in lieu thereof a new Code section to read as
2-31 follows:
2-32 "2-7-9. (Index)
2-33 The Commissioner may carry on investigations of methods of
2-34 control, eradication, and prevention of dissemination of
2-35 insect pests and plant diseases plant pests and for that
2-36 purpose may employ the necessary experts and may rent,
-2- (Index)
LC 9 8546
3- 1 lease, or purchase the necessary land, when required for
3- 2 this purpose."
SECTION 6.
3- 3 Said article is further amended by striking Code Section
3- 4 2-7-10, relating to inspection of plants and other things
3- 5 capable of disseminating or carrying insect pests and plant
3- 6 diseases, and inserting in lieu thereof a new Code section
3- 7 to read as follows:
3- 8 "2-7-10. (Index)
3- 9 The Commissioner may inspect or cause to be inspected by
3-10 duly authorized employees or agents any plants, plant
3-11 products, or other articles, things, or substances that
3-12 may in his the Commissioner's opinion be capable of
3-13 disseminating or carrying insect pests and plant diseases
3-14 plant pests. For this purpose he or his the Commissioner
3-15 or the Commissioner's employees and agents shall have the
3-16 power to enter into or upon any place and to open any
3-17 bundle, package, or other container containing or thought
3-18 to contain plants or plant products or other things
3-19 capable of disseminating or carrying insect pests or plant
3-20 diseases plant pests."
SECTION 7.
3-21 Said article is further amended by striking Code Section
3-22 2-7-11, relating to nursery inspections and rules governing
3-23 nursery stock and plants in transit, and inserting in lieu
3-24 thereof a new Code section to read as follows:
3-25 "2-7-11. (Index)
3-26 (a) The Commissioner may inspect or cause to be inspected
3-27 all nurseries in this state at such intervals as he the
3-28 Commissioner may deem best. He The Commissioner shall
3-29 have a plenary power to make all rules and regulations
3-30 governing nurseries and the movement of nursery stock
3-31 therefrom or the introduction of nursery stock therein as
3-32 he the Commissioner may deem necessary in the eradication,
3-33 control, or prevention of the dissemination of insect
3-34 pests and plant diseases plant pests.
3-35 (b) The Commissioner may also make rules and regulations:
3-36 (1) To govern the sale and distribution of nursery stock
3-37 by dealers and agents;
-3- (Index)
LC 9 8546
4- 1 (2) Under which nursery stock may be brought into this
4- 2 state from other states and territories of the United
4- 3 States or any foreign country; and
4- 4 (3) With reference to plants and plant products and
4- 5 other things and substances while in transit through
4- 6 this state as may be deemed necessary to prevent the
4- 7 introduction into, dissemination within, and
4- 8 establishment in this state of injurious insect pests
4- 9 and plant diseases plant pests."
SECTION 8.
4-10 Said article is further amended by striking Code Section
4-11 2-7-12, relating to treatment, cutting, or destruction of
4-12 infested trees, plants, or other things or substances, and
4-13 inserting in lieu thereof a new Code section to read as
4-14 follows:
4-15 "2-7-12. (Index)
4-16 The Commissioner may visit any section of this state in
4-17 which any dangerous pest is supposed to exist and
4-18 determine whether any infested trees, plants, or other
4-19 things or substances are worthy of remedial treatment or
4-20 shall be destroyed. He The Commissioner may supervise or
4-21 cause the treatment, cutting, or destruction of plants,
4-22 trees, or other things or substances when deemed necessary
4-23 to prevent or control the dissemination of insect pests
4-24 and plant diseases plant pests or to eradicate same and
4-25 may prescribe rules and regulations therefor."
SECTION 9.
4-26 Said article is further amended by striking Code Section
4-27 2-7-13, relating to interception and inspection of plants,
4-28 plant products, or other things or substances in transit and
4-29 disposition, and inserting in lieu thereof a new Code
4-30 section to read as follows:
4-31 "2-7-13. (Index)
4-32 The Commissioner may intercept and inspect, while in
4-33 transit or after arrival at destination, all plants, plant
4-34 products, or other things or substances likely to carry
4-35 insect pests and plant diseases plant pests being moved in
4-36 this state or brought into this state from another state
4-37 or territory of the United States or from any foreign
4-38 country. If, upon inspection, such plants, plant products,
4-39 or other things or substances are found to be infested or
-4- (Index)
LC 9 8546
5- 1 infected with an injurious insect pest or plant disease
5- 2 plant pest or are believed to be likely to communicate or
5- 3 transmit same or are being transported in violation of any
5- 4 of the rules and regulations of the Commissioner, then
5- 5 such plants, plant products, or other things or substances
5- 6 may be treated if necessary and released, returned to the
5- 7 sender, or destroyed, their disposition to be determined
5- 8 under rules and regulations prescribed by the
5- 9 Commissioner."
SECTION 10.
5-10 Said article is further amended by striking Code Section
5-11 2-7-14, relating to demand for information and penalty, and
5-12 inserting in lieu thereof a new Code section to read as
5-13 follows:
5-14 "2-7-14. (Index)
5-15 (a) The Commissioner may demand of any person who has
5-16 plants or plant products or other things likely to carry
5-17 insect pests and plant diseases plant pests in his or her
5-18 possession to give full information as to the origin and
5-19 source of the same.
5-20 (b) It shall be a misdemeanor for a person to refuse to
5-21 give the information demanded under subsection (a) of this
5-22 Code section if he or she is able to do so."
SECTION 11.
5-23 Said article is further amended by striking Code Section
5-24 2-7-15, relating to declaration of public nuisance
5-25 authorized, and inserting in lieu thereof a new Code section
5-26 to read as follows:
5-27 "2-7-15. (Index)
5-28 The Commissioner may declare a dangerous insect pest or
5-29 plant disease plant pest, as well as any plant or other
5-30 thing which has been infested or infected therewith or
5-31 exposed to infestation or infection and is therefore
5-32 likely to communicate the same, to be a public nuisance."
SECTION 12.
5-33 Said article is further amended by striking Code Section
5-34 2-7-16, relating to notice of declaration of nuisance,
5-35 prescription of treatment, and right of appeal, and
5-36 inserting in lieu thereof a new Code section to read as
5-37 follows:
-5- (Index)
LC 9 8546
6- 1 "2-7-16. (Index)
6- 2 Whenever inspection discloses that any places, plants or
6- 3 plant products, or other things or substances are infested
6- 4 or infected with any dangerous insect pest or plant
6- 5 disease plant pest which has been declared a public
6- 6 nuisance under this article, the Commissioner or his the
6- 7 Commissioner's agents or employees shall give written
6- 8 notice to the owner or other person in possession or
6- 9 control of the place where such things are found, in
6-10 person or by registered or certified mail. Such owner or
6-11 other person shall proceed to control, eradicate, or
6-12 prevent the dissemination of such insect pest or plant
6-13 disease plant pest and to remove, cut, or destroy infested
6-14 or infected plants and plant products or other things or
6-15 substances within the time and in the manner prescribed by
6-16 the notice or the rules and regulations made pursuant to
6-17 this article or to take an appeal as provided in Code
6-18 Section 2-7-24."
SECTION 13.
6-19 Said article is further amended by striking Code Section
6-20 2-7-20, relating to declaration of quarantine and
6-21 violation unlawful, and inserting in lieu thereof a new
6-22 Code section to read as follows:
6-23 "2-7-20. (Index)
6-24 (a) The Commissioner may declare a quarantine against any
6-25 area, place, nursery, grove, orchard, county, or counties
6-26 within this state, other states, or territories of the
6-27 United States or any portion thereof or any foreign
6-28 country, in reference to dangerous insect pests or plant
6-29 diseases, plant pests and may prohibit the movement within
6-30 this state or any part thereof or the introduction into
6-31 this state from other states or territories of the United
6-32 States or any foreign country, of all plants, plant
6-33 products, or other things or substances from such
6-34 quarantined places or areas as are likely to carry
6-35 dangerous insect pests or plant diseases plant pests, if
6-36 such quarantine is determined by him the Commissioner,
6-37 after due investigation, to be necessary in order to
6-38 protect the agricultural, horticultural, or other
6-39 interests of this state. In such cases the quarantine may
6-40 be made absolute or rules and regulations may be adopted
6-41 prescribing the method and manner under which the
-6- (Index)
LC 9 8546
7- 1 prohibited articles may be moved into or within, sold, or
7- 2 otherwise disposed of within or without outside the state.
7- 3 (b) Whenever the Commissioner declares a quarantine
7- 4 against any place, nursery, grove, orchard, county, or
7- 5 counties of the state or against other states or
7- 6 territories of the United States or any foreign country,
7- 7 as to a dangerous insect pest or plant disease plant pest,
7- 8 it shall be unlawful thereafter until such quarantine is
7- 9 removed for any person to introduce into this state or to
7-10 move, sell, or otherwise dispose of within this state any
7-11 plant, plant produce, or other things included in such
7-12 quarantine, except under such rules and regulations as may
7-13 be prescribed by the Commissioner."
SECTION 14.
7-14 Said article is further amended by striking Code Section
7-15 2-7-21, relating to registration of certain growers, and
7-16 inserting in lieu thereof a new Code section to read as
7-17 follows:
7-18 "2-7-21. (Index)
7-19 The Commissioner may provide for the registration of all
7-20 growers of plant or nursery stock intended for sale or
7-21 distribution, when such plants or nursery stock have has
7-22 been declared by the Commissioner as being liable or
7-23 likely to disseminate or capable of disseminating insect
7-24 pests or plant diseases plant pests."
SECTION 15.
7-25 Said article is further amended by striking Code Section
7-26 2-7-23, relating to promulgation of rules and regulations
7-27 and publication thereof, and inserting in lieu thereof a new
7-28 Code section to read as follows:
7-29 "2-7-23. (Index)
7-30 (a) The Commissioner may make such rules and regulations
7-31 governing the conditions under which plants or other
7-32 products may be produced as will permit such plants or
7-33 other products to be certified as free or relatively free
7-34 from insect pests and plant diseases plant pests.
7-35 (b) Any rules and regulations made by the Commissioner
7-36 relative to the certification of tomato, cabbage, onion,
7-37 and all other cruciferous plants shall be published on or
7-38 before December 15 of the year preceding that in which
7-39 such plants are to be grown; provided, however, that in
-7- (Index)
LC 9 8546
8- 1 case of emergency supplemental rules and regulations may
8- 2 be promulgated and published; and provided, further, that
8- 3 certification of tomato, cabbage, onion, and other
8- 4 cruciferous plants shall not be compulsory on the grower.
8- 5 (c) All rules and regulations made by the Commissioner
8- 6 within the limits of the authority conferred by this
8- 7 article shall have the full force and effect of law.
8- 8 Printed copies of all acts, rules and regulations,
8- 9 quarantines, and notices of the department which are
8-10 published under the authority of the Commissioner shall be
8-11 admitted as sufficient evidence of such acts, rules and
8-12 regulations, quarantines, or notices in all courts and on
8-13 all occasions whatsoever, when the correctness of such
8-14 copies is certified to by the Commissioner."
SECTION 16.
8-15 All laws and parts of laws in conflict with this Act are
8-16 repealed.
-8- (Index)
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Last Updated on 01/02/97