Gary W. Black
      Commissioner

 DATE: July 15, 2013

ACTION: Notice of Intent to Consider the Adoption of Amendments to Rules in Chapter 40-29-1

TO ALL INTERESTED PERSONS AND PARTIES:

Pursuant to the Official Code of Georgia Annotated, O.C.G.A. § 50-13-4 and O.C.G.A. § 48-8-3.3, notice is hereby given that the Georgia Department of Agriculture will be accepting written comments regarding the adoption of amendments to Chapter 40-29-1 relating to the Georgia Agricultural Tax Exemption (GATE) rules. The Department will be accepting written comments from July 15, 2013, to close of business (4:30 p.m. EDT) on August 14, 2013.

SYNOPSIS, MAIN FEATURES AND DIFFERENCES:
Proposed Amendment to Rule 40-29-.01 “Definitions”

The Department is proposing to amend the definition of “Agricultural product” to include vegetables and vegetable products as well as animals and animal products.

The Department is further proposing to add a definition for “Animal.” This definition would be synonymous with “livestock” and would not include living organisms that are commonly regarded as domestic pets or companion animals.

The Department is proposing to remove the definition for “Equine species”.

The rule will be renumbered to reflect the insertion of a definition for “Animal” as well as the removal of the definition for “Equine species.”

Proposed Amendment to Rule 40-29-.02 “Application for Authorization to Attain a Georgia Agriculture Tax Exemption (GATE) Certificate”

The Department is proposing to add the following NAICS codes:
2012 NAICS US Code 2012 NAICS US Title
111219      Pumpkins, Onions, Carrots
111334      Blackberries, Blueberries
111421      Christmas Trees, Turfgrass (Sod Farming)
112390      Quail, Ostrich
112519      Alligator
112990      Alpaca/Llama
11511       Support Activities for Crop Production

It is also proposed to remove the following NAICS codes:

2012 NAICS US Code 2012 NAICS US Title
1141      Fishing
1142      Hunting and Trapping

The Department is further proposing to remove 40-29-.02(14). The rule will be renumbered to reflect the removal of 40-29-.02(14).

COMMENT PERIOD AND ADDITIONAL INFORMATION:

The Department will be accepting written comments from July 15, 2013, to close of business (4:30 p.m. EDT) on August 14, 2013. Comments will be considered on August 15, 2013. Please submit written comments to:

Jack Spruill
Division Director
Marketing Division
Georgia Department of Agriculture
19 Martin Luther King, Jr. Drive
Atlanta, Georgia 30334
Telephone Number: 404-656-3368
FAX Number: 404-463-6428

Interested persons may call or submit a written request to obtain a copy of the proposed rule. A copy of the synopsis and the proposed rule may be downloaded from the Georgia Department of Agriculture website at www.agr.georgia.gov.

This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-4.