Notice of Intent to Consider the Adoption of Amendments to Rules Promulgated Under the Entomology Act of 1937
December 13, 2007
Notice of Intent to Consider the Adoption of Amendments to Rules Promulgated Under the Entomology Act of 1937
To All Interested Persons and Parties:
Notice is hereby given that the Georgia Department of Agriculture will consider the adoption of rules relating to Plant Protection on Tuesday, January 15, 2008, between the hours of 9:00 a.m. and 12:00 noon (no hearing is scheduled) in Room 243 of the Agriculture Building, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.
CHAPTER 40-4-9 Plant Protection Synopses:
1. The title of this Chapter has been changed from “PLANT PROTECTION REGULATIONS” to “LIVE PLANT REGULATIONS”.
2. The TABLE OF CONTENTS has been changed to reflect the title changes to Rule 40-4-9-.02, Rule 40-4-9-.04, Rule 40-4-9-.05 and 40-4-9-.10.
3. This Chapter has been renumbered, where appropriate, to reflect changes.
4. Rule 40-4-9-.01. The terms and definitions of “Bare Root Plant”, “Containerized Plant”, “Dormant Plant” and “Federal Noxious Weed” have been added. The term “Live Plant Grower” has been amended to include any person who collects plants from residential areas.
5. The title of Rule 40-4-9-.02 has been changed from “Licensing and Inspection” to “Licensing”.
6. Rule 40-4-9-.02 (4) has been changed to reflect that all Live Plant Licenses expire December 31 of each year.
7. Rule 40-4-9-.02 (6) allows the Department to assess a $50.00 administrative fee for any check that is returned for insufficient funds or any other cause.
8. Rule 40-4-9-.02 (7) has been moved to Rule 40-4-9-.05 “Inspection and Maintenance of Live Plants”.
9. Rule 40-4-9-.02 (8) has been moved to Rule 40-4-9-.05 “Inspection and Maintenance of Live Plants”.
10. Rule 40-4-9-.03 (2) (b) iv. The wording has been changed to clarify the sentence.
11. Rule 40-4-9-.03 (2). The Hobby Grower has been moved from Rule 40-4-9-.03 (3). The square footage of a Hobby Grower has been increased from 625 square feet to 1,000 square feet.
12. Rule 40-4-9-.03 (3)(b) requires individuals selling live plants at craft shows, fairs, flea markets or similar venues to be licensed as a Live Plant Dealer.
13. Rule 40-4-9-.03 (4) includes the licensing categories for “brokers” and “re-wholesalers”. These categories were previously classified as “Dealers”.
14. Rule 40-4-9-.03 (6) allows the Commissioner to assess fees for additional certifications or inspections. The fees listed in this section will be removed and the Commissioner will be required to publish a schedule fees yearly. The Department of Agriculture will also be authorized to assess diagnostic fees incurred for certification purposes
15. The title of Rule 40-4-9-.04 has been changed from “Out-of-State Live Plant Growers and Live Plant Dealers” to “Movement of Live Plants into Georgia”.
16. Rule 40-4-9-.04 (1) removes language concerning reciprocal agreements.
17. Rule 40-4-9-.04 (1) (a) requires that all plants entering Georgia be free from plant pests and in compliance with any other plant quarantine or regulation.
18. Rule 40-4-9-.04 (3) allows the Commissioner or his agent to order any live plants to be quarantined, returned to place of origin or destroyed at cost to the owner if the plants are believed to have entered Georgia in violation of this Rule.
19. The title of Rule 40-4-9-.05 has been changed from. “Maintenance of Live” to “Inspection and Maintenance of Live Plants”.
20. Rules 40-4-9-.05 (1) and 40-4-9-.05 (2) were moved from Rule 40-4-9-.02 “Licensing”.
21. Rule 40-4-9-.05 (3) clarifies the term “maintained”.
22. Rule 40-4-9-.05 (6) allows The Commissioner or his agent to order any live plants to be quarantined, returned to place of origin or destroyed at cost to the owner if the plants are believed to be or are infected with a plant pest.
23. Rule 40-4-9-.07 (1) prohibits the sale or distribution of any plant listed on the Federal Noxious Weed list or determined by the Commissioner to be a public nuisance.
24. The chronological order of Rule 40-4-9-.07 (2) has been changed. This Rule was previously 40-4-9-.07 (4)
25. The title of Rule 40-4-9-.10 has been changed from “Pine and Hardwood Seedlings Used for Forestation” to “Pest-Free Premise Certification or Permit”. This Rule now provides for the certification of ornamental plants, plant material or seeds certified for varietal purity, pine and/or hardwood seedlings, and sod or turfgrass sprigs when treated to control plant pests.
26. Rule 40-4-9-.11(b) specifies that the sale or distribution of any plant listed on the Federal Noxious Weed list or determined by the Commissioner to be a public nuisance is an unlawful act.
27. Rule 40-4-9-.11(f) clarifies that only Live Plants propagated, grown, and maintained for sale or distribution constitutes a violation of this chapter.
Interested individuals may submit written comments or request a copy of the proposed rules by mail or facsimile to:
Mr. Mike Evans
Division Director, Plant Protection
19 Martin Luther King, Jr. Drive Room 243
Atlanta, Georgia 30334
Phone: (404) 651-9486
Fax: (404) 656-3644
Written comments must be received no later than 4:30 p.m. on Monday, January 14, 2008. You may download a copy of the synopsis and proposed rules from the link below. This notice is given in compliance with the Georgia Administrative Procedures Act, O.C.G.A. § 50-13-4.
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Associated Document(s):
 |
Live Plant Regulations Draft with changes.pdf |
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